Definitions.
Omaha Municipal Code § 55-654
in effectSec. 55-654. - Definitions.
Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application:
Appeal means a request for a review of the floodplain management coordinator of the planning department's interpretation of any provision of this section, or a request for a variance.
Area of shallow flooding means a designated AO or AH zone on this community's flood insurance rate map (FIRM) with a 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.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.
Base flood elevation means the elevation to which floodwaters are expected to rise during the base flood.
Basement means any area of the building having its floor subgrade (below ground level) on all sides.
Best available data means any hydrologic and hydraulic studies which result in a base flood elevation, now or in the future, that is higher than that shown on the FIRM or FIS. Such study must be completed or approved by the City of Omaha.
Community means the City of Omaha and the areas within its zoning jurisdiction.
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 equipment or materials.
Existing construction means (for the purposes of determine rates) structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."
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 complete before the effective date of the floodplain management regulations adopted by a community.
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).
Fill means a deposit of materials of any kind placed by artificial means.
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The usual and rapid accumulation of runoff of surface waters from any source.
Flood fringe is 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).
Flood insurance rate map (FIRM) means an official map of the community, on which the flood insurance study has delineated the flood hazard boundaries and the zones establishing insurance rates applicable to the community.
Flood insurance study (FIS) is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.
Floodplain means any land area susceptible to being inundated by water from any source (see definition of "flooding").
Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, and structures and their contents.
Floodway or regulatory floodway means the channel of a river or other water course 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.
Freeboard means a 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 flood 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.
Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic structure means any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) 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; (c) 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 (d) individually listed on a local inventory of historic places in communities with historic preservation programs 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 Interior in states without approved programs.
Human habitation means any room or enclosed floor space, constructed or built which may wholly or partially be used or intended to be used for living, sleeping or cooking; specifically excludes camping tents which may be readily and easily removed.
Lowest floor means 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 section.
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without permanent foundation when attached 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 or more manufactured home lots for rent or sale.
New construction. 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 regulation adopted by the community and 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 the effective date of the floodplain management regulations adopted by the community.
Overlay district is a district in which additional requirements act in conjunction with the underlying zoning district(s). The original base zoning district designation does not change.
"Post-FIRMStructure" means a building that was constructed or substantially improved after December 31, 1974 or on or after the community's initial Flood Insurance Rate Map dated October 7, 1980, whichever is later.
"Pre-FIRMStructure" means a building that was constructed or substantially improved on or before December 31, 1974 or before the community's initial Flood Insurance Rate Map dated October 7, 1980, whichever is later.
Principally above ground means that at least 51 percent of the actual cash value of the structure is above ground.
Recreational vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.
"Routine maintenance of existing buildings and facilities" means maintenance necessary to keep a structure in a safe and habitable condition and does not impact flows or increase surface water elevations; provided it is not: 1) associated with any general improvement of the structure, 2) associated with repair of any damage sustained to any element of the structure or beyond normal wear and tear or 3) performed in conjunction with another routine maintenance activity. Routine maintenance includes:
(1) Normal maintenance of structures such as re-roofing, replacing roofing tiles, and replacing siding;
(2) Exterior and interior painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work;
(3) Basement sealing;
(4) Repairing or replacing damaged or broken windows and doors;
(5) Repairing plumbing systems, electrical systems, heating or air conditioning systems, and repairing wells or septic systems.
Special flood hazard area is the land in the floodplain within a community subject to one percent or greater chance of flooding in any given year.
Start of construction includes substantial improvement, 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. 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. 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 the alteration affects the external dimensions of the building.
Structure means a walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground as well as a manufactured home.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. This shall include all costs for reconstruction, rehabilitation, or other improvement of the structure to repair damages sustained during the most recent damaging event.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "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) any project for improvement of a structure to correct existing violations 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 structure's continued designation as a "historic structure."
Variance is a grant of relief to a person from the requirements of this section, which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in practical difficulty or unnecessary hardship, as defined by state law.
Violation means a failure of a structure or other development to be fully compliant with the community's floodplain management regulations.
(Ord. No. 37322, § 2, 3-21-06; Ord. No. 38724, § 4, 5-11-10; Ord. No. 39946, § 1, 3-18-14; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25)
Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=OMMUCOCHGEORVOII_CH55ZO_ARTXIOVDI_S55-654DEFetched: 10/28/2026