FLOOD DAMAGE PREVENTION ORDINANCE
1000 STATUTORY AUTHORIZATION, FINDINGS OF
FACT, PURPOSE AND OBJECTIVES
The Legislature of the
A) The flood hazard areas of
B) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increased flood height and velocity, and by the location in flood hazard areas of uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise protected from flood damage.
It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize public and private loss due to flooding by provisions designed to:
A) Restrict or prohibit uses which are dangerous to health, safety, and property due to water erosion hazards, or which result in damaging increases in erosion or in flood height or velocity;
B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C) Control the alteration of natural floodplains, stream channels, and natural protective barriers which accommodate or channel flood waters;
D) Control filling, grading, dredging, and other development which may increase erosion or flood damage, and;
E) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other areas.
The objectives of this ordinance are to:
A) Protect human life and health;
B) Minimize expenditure of public money for costly flood control projects;
C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D) Minimize prolonged business interruptions;
E) Minimize
damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines; streets and bridges located
in areas of special flood hazard;
F) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard or other flood-prone areas in such a manner as to minimize future flood blighted areas caused by flooding; and,
G) Ensure that potential homebuyers are on notice that property is in a Special Flood Hazard Area.
H) Ensure
that those who occupy a Special Flood Hazard Area assume responsibility for
their actions.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
A Zone
- Portions of the special flood hazard area (SFHA) in which the principle
source of flooding is runoff from rainfall, snowmelt, or a combination of
both. In A zones, floodwaters may move
slowly or rapidly, but waves are usually not a significant threat to
structures. Areas of 100-year flood,
base flood elevations and flood hazard factors are not determined.
Accessory structure (Appurtenant structure) - A structure located
on the same parcel of property as the principle structure, the use of which is
incidental to the use of the principle structure. Accessory structures should constitute a
minimal initial investment, may not be used for human habitation, and should be
designed to have minimal flood damage potential. Examples of accessory structures are detached
garages, carports, storage sheds, pole barns, and hay sheds.
Accessory use - A use which is incidental and
subordinate to the principal use of the parcel of land on which it is located.
Addition (to an existing structure) - Any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.
A1-30 and AE zones - Special Flood Hazard Areas inundated by the 1%
annual chance flood (100-year flood. Base flood elevations (BFEs) are
determined.
AH
zone - An area of 100-year shallow flooding where depths are between 1 and
3 feet (usually shallow ponding). Base flood elevations are shown.
AO zone - An area of 100-year shallow flooding where water depth is
between one and three feet (usually sheet flow on sloping terrain) Flood depths
are shown.
Appeal - A request for a review of the Floodplain Administrator’s interpretation of any provision of this ordinance or from the floodplain administrator's ruling on a request for a variance.
AR/A1 – A30, AR/AE, AR/AH, AR/AO, and AR/A zones - Special Flood
Hazard Areas (SFHAs) that result from the de-certification of a previously
accredited flood protection system that is in the process of being restored to
provide a 100-year or greater level of flood protection. After restoration is complete these areas
will still experience residual flooding from other flooding sources.
A99 zone - That
part of the SFHA inundated by the 100-year flood which is to be protected from
the 100-year flood by a Federal flood protection system under construction. No
base flood elevations are determined.
Area of shallow flooding - A designated AO or AH Zone on a
community’s Flood Insurance Rate Map (FIRM) where the base flood depths range
from one to three feet, there is no clearly defined channel, the path of
flooding is unpredictable and indeterminate; and velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
B and X zones (shaded) - Areas of the 0.2% annual chance (500-year)
flood, areas subject to the 100-year flood with average depths of less than one
foot or with contributing drainage area less than 1 square mile, and areas
protected by levees from the base flood.
Base flood - A flood which has a one percent
chance of being equaled or exceeded in any given year (also called the
"100‑year flood"). Base
flood is the `term used throughout this ordinance.
Base Flood Elevation (BFE) - The elevation shown on the Flood Insurance Rate Map
(FIRM) for Zones AE, AH, A1-30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO
that indicates the water surface elevation resulting from a flood that has a
1-percent or greater chance of being equaled or exceeded in any given year.
Basement - That portion of a structure having its floor subgrade (below ground level) on all four sides.
Building - A walled and roofed structure that is principally aboveground; including a manufactured home, gas or liquid storage tank, or other man-made facility or infrastructure. See definition for structure.
C and X (unshaded) zones - Areas determined to be outside the
500-year floodplain.
Community -
A political entity having the authority to adopt and enforce floodplain
ordinances for the area under its jurisdiction.
Community Rating System (CRS) - A program developed by the Federal Insurance
Administration to provide incentives to those communities in the Regular
Program to go beyond the minimum floodplain management requirements to develop
extra measures for protection from flooding.
Community Flood Hazard Area (CFHA) - An area that has been determined by the Floodplain
Administrator (or other delegated, designated, or qualified community official)
from available technical studies, historical information, and other available
and reliable sources, which may be subject to periodic inundation by
floodwaters that can adversely affect the public health, safety and general
welfare. Included are areas downstream from dams.
Critical facility - Any property that, if flooded, would result in
severe consequences to public health and safety or a facility which, if
unusable or unreachable because of flooding, would seriously and adversely
affect the health and safety of the public.
Critical facilities include, but are not limited to: housing likely to
contain occupants not sufficiently mobile to avoid injury or death unaided
during a flood; schools, nursing homes, hospitals, police, fire and emergency
response installations, vehicle and equipment storage facilities, emergency
operations centers likely to be called upon before, during and after a flood,
public and private utility facilities important to maintaining or restoring
normal services before, during and after a flood, and those facilities or
installations which produce, use or store volatile, flammable, explosive, toxic
and/or water-reactive materials, hazardous materials or hazardous waste.
D zone - An area in which the flood hazard is undetermined.
Development - Any manmade change to improved or unimproved real
estate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavating, drilling operations, or storage
of equipment or materials.
Elevated structure - A non-basement structure built to have the
lowest floor elevated above ground level by means of fill, solid foundation
perimeter walls, piling, columns (post and piers), shear walls, or breakaway
walls. (See freeboard requirements for
residential and non-residential structures.)
Elevation Certificate - A statement certified by a registered professional
engineer or surveyor on the FEMA-approved form in effect at the time of
certification that verifies a structure’s elevation and other related
information to verify
compliance with this ordinance.
Emergency Program - The initial phase under which a community participates
in the NFIP, intended to provide a first layer amount of insurance at
subsidized rates on all insurable structures in that community before the
effective date of the initial FIRM.
Enclosure - That portion of a structure below the Base Flood
Elevation (BFE) used solely for parking of vehicles, limited storage, or access
to the structure.
Encroachment - The physical advance or infringement of uses, plant
growth, fill, excavation, structures, permanent structures or development into
a floodplain, which may impede or alter the flow capacity of a floodplain.
Existing construction - Any structure for which the “start of
construction” commenced before the effective date of the FIRM or before
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 first floodplain management ordinance adopted by the Versailles-Midway-Woodford
County
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).
Five-Hundred Year Flood - The flood that has a 0.2 percent chance of being equaled
or exceeded in any year. Areas subject
to the 500-year flood have a moderate to low risk of flooding.
Flood, Flooding, or Flood Water:
1) A general
and temporary condition of partial or complete inundation of normally dry land
areas from the overflow of inland or tidal
waters; the unusual and rapid accumulation or runoff of surface waters from any
source; and/or mudslides (i.e. mudflows).
See Mudslides.
2)
The condition resulting from flood-related erosion. See flood-related erosion.
Flood Boundary and Floodway Map (FBFM) -A map on which the Federal
Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA)
has delineated the areas of flood hazards and the regulatory floodway.
Flood Hazard Boundary Map (FHBM) -A map on which the boundaries of the flood, mudslide (i.e. mudflow), and flood-related erosion areas having special hazards have been designated as Zones A, M, and/or E by the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA).
Flood Insurance Rate Map (FIRM) - A map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated special flood hazard areas and risk premium zones.
Flood Insurance Study - The report provided by the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) containing flood profiles, the Flood Insurance Rate Map (FIRM), and/or the Flood Boundary Floodway Map (FBFM), and the water surface elevation of the base flood.
Floodplain or flood-prone area - Any land area susceptible to being inundated by flood
waters from any source.
Floodplain Administrator - The individual appointed by a NFIP
participating community to administer and enforce the floodplain management
ordinances.
Floodplain Management - The operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing
natural resources in the floodplain, including but not limited to emergency
preparedness plans, flood control works, floodplain management ordinances, and
open space plans.
Floodplain Management Regulations - This ordinance and other zoning
ordinances, subdivision regulations, building codes, health regulations,
special purpose ordinances (such as grading and erosion control), and other
applications of police power, which control development in flood-prone
areas. This term describes federal,
state and/or local regulations, in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
Floodproofing - Any combination of structural and non-structural
additions, changes, or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitation
facilities, structures, and their contents.
Floodproofing Certificate - A
certification by a registered professional engineer or architect, on a
FEMA-approved form in effect at the time of certification stating that a
non-residential structure, together with attendant utilities and sanitary
facilities is watertight to a specified design elevation with walls that are
substantially impermeable to the passage of water and all structural components
are capable of resisting hydrostatic and hydrodynamic flood forces, including
the effects of buoyancy and anticipated debris impact forces.
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. Also referred to as the
“regulatory floodway”.
Floodway fringe - That area of the floodplain on either side of the
regulatory floodway where encroachment may be permitted without additional
hydraulic and/or hydrologic analysis.
Fraud and victimization - As related in Article 6, Appeals and
Variance Procedures, of this ordinance, means that the variance granted must
not cause fraud on or victimization of the public. In examining this requirement, the City
Council will consider the fact that every newly constructed structure adds to
government responsibilities and remains a part of the community for fifty to
one hundred years. Structures that are
permitted to be constructed below the base flood elevation are subject during
all those years to increased risk of damage from floods, while future owners of
the property and the community as a whole are subject to all the costs,
inconvenience, danger, and suffering that those increased flood damages may
incur. In addition, future owners may purchase
the property, unaware that it is subject to potential flood damage, and can be
insured only at very high flood insurance rates.
Functionally dependent use facility - A facility, structure, or
other development, which cannot be used for its intended purpose unless it is
located or carried out in close proximity to water. The term includes only a docking or
port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture,
sales, or service facilities.
Governing body - The local governing unit, i.e. county
or municipality that is empowered to adopt and implement ordinances to provide
for the public health, safety and general welfare of its citizenry.
Hazard potential - The possible adverse incremental consequences
that result from the release of water or stored contents due to failure of a
dam or mis-operation of a dam or appurtenances.
The hazard potential classification of a dam does not reflect in any way
the current condition of a dam and its appurtenant structures (e.g., safety,
structural integrity, flood routing capacity).
Highest adjacent grade - The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
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.
Limited storage
- An area used for storage and intended to be limited to incidental items which
can withstand exposure to the elements and have low flood damage potential.
Such an area must be of flood resistant material, void of utilities except for
essential lighting, and cannot be temperature controlled.
Lowest adjacent grade - The elevation of the sidewalk, patio, deck
support, or basement entryway immediately next to the structure and after the
completion of construction. It does not
include earth that is emplaced for aesthetic or landscape reasons around a
foundation wall. It does include natural
ground or properly compacted fill that comprises a component of a structure’s
foundation system.
Lowest Floor - The lowest floor of the lowest enclosed area
including basement. An unfinished or
flood resistant enclosure, usable solely for parking of vehicles, structure
access, or storage in an area other than a basement area is not considered a
structure’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 ordinance.
Manufactured Home - A structure, transportable in one or more
sections, which is built on a permanent chassis and is designed to be used with
or without a permanent foundation when connected or attached to the required
utilities. The term also includes park
trailers, travel trailers, and similar transportable structures placed on a
site for 180 consecutive days or longer and intended to be improved
property. The term “manufactured home”
does not include a “recreational vehicle” (see Recreational Vehicle).
Manufactured home park or subdivision - A parcel (or contiguous
parcels) of land divided into two 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).
Map Panel Number - The four-digit number on a flood map, followed by a
letter suffix, assigned by FEMA. The
first four digits represent the map panel. The letter suffix represents the
number of times the map panel has been revised. (The letter “A” is not used by
FEMA, the letter “B” is the first revision.)
Market value - The structure value, excluding the land (as agreed
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, replacement cost
depreciated by age of structure (Actual Cash Value) or adjusted assessed values.
Mean Sea Level (MSL) - The average height of the sea for all stages
of the tide. For the purposes of the National
Flood Insurance Program, the MSL is used as a reference for establishing
various elevations within the floodplain as shown on a community’s FIRM. For purposes of this ordinance, the term is
synonymous with either National Geodetic Vertical Datum (NGVD) 1929 or North
American Vertical Datum (NAVD) 1988.
Mitigation - Sustained actions taken to reduce or eliminate
long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to
protect people and structures, and to minimize the costs of disaster response
and recovery.
Mudslide (i.e. mudflow) - Describes a condition where there is a
river, flow, or inundation of liquid mud down a hillside, usually as a result
of a dual condition of loss of brush cover and the subsequent accumulation of
water on the ground, preceded by a period of unusually heavy or sustained rain. A mudslide (i.e. mudflow) may occur as a
distinct phenomenon while a landslide is in progress, and will be recognized as
such by the Floodplain Administrator only if the mudflow, and not the
landslide, is the proximate cause of damage that occurs.
Mudslide (i.e. mudflow) area management - The operation of and
overall program of corrective and preventative measures for reducing mudslide
(i.e. mudflow) damage, including but not limited to emergency preparedness
plans, mudslide control works, and floodplain management regulations.
Mudslide (i.e. mudflow) prone area - An area with land surfaces and
slopes of unconsolidated material where the history, geology, and climate
indicate a potential for mudflow.
National Geodetic Vertical Datum
(NGVD) - As corrected in 1929, a vertical control used as a reference for
establishing varying elevations within the floodplain. (Generally used as the vertical datum on the older FIRM’s. Refer
to FIRM legend panel for correct datum.)
New Construction - Structures for which the start of construction
commenced on or after the effective date of
New 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 on or after the effective date of Versailles-Midway-Woodford County adopted floodplain management ordinances.
Non-Residential – Structures that are not designed for human habitation,
including but is not limited to: small business concerns, churches, schools,
farm structures (including grain bins and silos), pool houses, clubhouses,
recreational structures, mercantile structures, agricultural and industrial
structures, warehouses, and hotels or motels with normal room rentals for less
than 6 months duration.
North American Vertical Datum (NAVD) – As corrected in 1988, a vertical control
used as a reference for establishing varying elevations within the floodplain.
(Generally used on the newer FIRM’s and Digitally Referenced FIRM’s (DFIRM’s).
(Refer to FIRM or DFIRM legend panel for correct datum.)
Obstruction - Includes but is not limited to any dam, wall, embankment,
levee, dike, pile, abutment, protection, excavation, channelization, bridge,
conduit, culvert, structure, wire, fence, rock, gravel, refuse, fill,
structure, vegetation or other material in, along, across or projecting into
any watercourse which may alter, impede, retard or change the direction and/or
velocity of the flow of water, due to its location, its propensity to snare or
collect debris carried by the flow of water, or its likelihood of being carried
downstream.
One-Hundred Year Flood (100-Year Flood) (see
Base Flood) - The flood that has a 1-percent or greater chance of being equaled
or exceeded in any given year. Any flood
zone that begins with the letter A is subject to the 100-year flood. Over the life of a 30-year loan, there is a
26-percent chance of experiencing such a flood with the SFHA.
Participating Community - A community that voluntarily elects to participate in
the NFIP by adopting and enforcing floodplain management regulations that are
consistent with the standards of the NFIP.
Pre-FIRM Construction - Construction or substantial improvement, which started
on or before
Post-FIRM Construction - Construction or substantial improvement
that started on or after the effective date of the initial FIRM of the
community or after
Probation
- A means of formally notifying participating NFIP communities of violations
and deficiencies in the administration and enforcement of the local floodplain
management regulations. During periods
of probation, each insurance policy is subject to a $50 surcharge.
Program Deficiency - A defect in a community’s floodplain management
regulations or administrative procedures that impairs effective implementation
of those floodplain management standards or of the standards of 44 CFR 60.3, 60.4,
60.5, and/or 60.6.
Public Safety and
Nuisance - Anything
which is injurious to safety or health of an entire community or neighborhood,
or any considerable number of persons, or unlawfully obstructs the free passage
or use, in the customary manner, of any navigable lake, or river, bay, stream,
canal, or basin.
Recreational Vehicle - A vehicle that is:
1) Built on a single chassis;
2) 400 square feet or less when measured at the largest horizontal projection;
3) Designed to be self-propelled or permanently towable to 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.
Regular Program - The phase of a community’s participation in the NFIP where
more comprehensive floodplain management requirements are imposed and higher
amounts of insurance are available based upon risk zones and elevations
determined in a FIS.
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 foot. See Base Flood.
Remedy a violation - The process by which a community brings a
structure or other development into compliance with State or local floodplain
management regulations, or, if this is not possible, to reduce the impact of
non-compliance. Reduced impact may
include protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of the ordinance or otherwise
deterring future similar violations, or reducing state or federal financing
exposure with regard to the structure or other development.
Repair - The reconstruction or renewal of any part of an existing
structure.
Repetitive Loss - Flood-related damages sustained by a structure on
two or more separate occasions during a 10-year period where the value of
damages equals or exceeds an average of 50% of the current value of the
structure, beginning on the date when the damage first occurred, or, four or
more flood losses of $1000.00 or more over the life of the structure, or, three
or more flood losses over the life of the structure that are equal to or
greater than the current value of the structure.
Riverine - Relating to, formed by, or resembling a
river (including tributaries), stream, brook, etc.
Section 1316 - That section of the National Flood Insurance Act of 1968,
as amended, which states that no new or renewal flood insurance coverage shall
be provided for any property that the Administrator finds has been declared by
a duly constituted state or local zoning authority or other authorized public
body to be in violation of state or local laws, regulations, or ordinances that
are intended to discourage or otherwise restrict land development or occupancy
in flood-prone areas.
Sheet flow area ‑ see "Area
of shallow flooding”.
Special flood hazard area (SFHA) - That portion of the floodplain
subject to inundation by the base flood and/or flood-related erosion hazards as
shown on a FHBM or FIRM as Zone A, AE, A1 – A30, AH, AO, or AR.
Start of Construction (includes substantial improvement and other proposed new development) - The date a building permit is issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement is within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including manufactured home) on a site, such as the pouring of slabs or footings, the 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; the installation on the property of accessory structures, 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 building, whether or not that alteration affects the external dimensions of the structure.
Structure - A walled and roofed building that is principally above
ground; including manufactured homes, gas or liquid storage tanks, or other
man-made facilities or infrastructures.
Subdivision - Any division, for the purposes of sale, lease,
or development, either on the installment plan or upon any and all other plans,
terms and conditions, of any tract or parcel of land into two (2) or more lots or
parcels.
Subrogation - An action brought by FEMA to recover insurance money paid
out where all or part of the damage can be attributed to acts or omissions by a
community or other third party.
Substantial Damage - Means any damage to a building for which the
cost of repairs equals or exceeds fifty percent of the market value of the
building prior to the damage occurring. This
term includes structures that are categorized as repetitive loss.
For the purposes of this
definition, “repair” is considered to occur when the first repair or
reconstruction of any wall, ceiling, floor, or other structural part of the
building commences.
The term does not apply to:
a.)
Any project for improvement of a building
required to comply with existing health, sanitary, or safety code
specifications which have been identified by the Code Enforcement Official and
which are solely necessary to assure safe living conditions, or
b.) Any
alteration of a “historic structure” provided that the alteration will not
preclude the structure’s continued designation as a “historic structure”.
Substantial Improvement - Means any combination of
reconstruction, alteration, or improvement to a building, taking place during a
1-year period in which the cumulative percentage of improvement equals or
exceeds fifty percent of the current market value of the building. For the purposes of this definition, an
improvement occurs 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 building.
The term does not apply to: