Unless specifically defined herein, words or
phrases used in this chapter shall be interpreted so as to give them
the meanings they have in common usage and to give this chapter its
most reasonable application. As used in this chapter, the following
terms shall have the meanings indicated:
Any walled and roofed expansion to the perimeter of a building
in which the addition is connected by a common load-bearing wall other
than a fire wall. Any walled and roofed addition which is connected
by a fire wall or is separated by independent perimeter load-bearing
walls is new construction.
A request for a review of the Town Engineer's interpretation
of any provision of this chapter or a request of a variance.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The elevation of the crest of the base flood or one-hundred-year
flood. The height in relation to mean sea level expected to be reached
by the waters of the base flood at pertinent points in the floodplains
of coastal and riverine areas.
[Added 10-19-2010 by Ord. No. 241]
That portion of a building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system.
Any structure built for support, shelter or enclosure for
any occupancy or storage.
As related to substantial improvements, the cost of any reconstruction,
rehabilitation, addition, alteration, repair or other improvement
of a structure shall be established by a detailed written contractor's
estimate. The estimate shall include, but not be limited to, the cost
of materials (interior finishing elements, structural elements, utility
and service equipment); sales tax on materials, building equipment
and fixtures, including heating and air conditioning and utility meters;
labor; built-in appliances; demolition and site preparation; repairs
made to damaged parts of the building worked on at the same time;
contractor's overhead; contractor's profit; and grand total.
Items to be excluded include cost of plans and specifications, survey
costs, permit fees, outside improvements such as septic systems, water
supply wells, landscaping, sidewalks, fences, yard lights, irrigation
systems, and detached structures such as garages, sheds, and gazebos.
[Added 10-19-2010 by Ord. No. 241]
Any man-made change to improved or unimproved real estate,
including but not limited to the construction of buildings or other
structures; the construction of additions; alterations or substantial
improvements to buildings or structures; the placement of buildings
or structures; mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials; the storage,
deposition, or extraction of materials; and the installation of public
or private sewage disposal systems or water supply facilities.
[Amended 10-19-2010 by Ord. No. 241]
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (posts and piers), shear walls or breakaway
walls.[1]
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, as a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before July 3, 1978, the effective
date of the floodplain management ordinance adopted by the community.
[Added 10-19-2010 by Ord. No. 241]
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).
[Added 10-19-2010 by Ord. No. 241]
The federal agency that administers the National Flood Insurance
Program (NFIP).
[Added 10-19-2010 by Ord. No. 241]
As related to fully enclosed areas below the base flood elevation
(BFE), a space that is, but is not limited to, heated and/or cooled,
contains finished floors (tile, linoleum, hardwood, etc.), has Sheetrock
walls that may or may not be painted or wallpapered, and other amenities
such as furniture, appliances, bathrooms, fireplaces and other items
that are easily damaged by floodwaters and expensive to clean, repair
or replace.
[Added 10-19-2010 by Ord. No. 241]
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.
The official report by the Federal Emergency Management Agency,
which contains flood profiles and the water surface elevation of the
base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
water and/or the unusual and rapid accumulation or runoff of surface
waters from any source.
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.
The top surface of an enclosed area in a building, including
basement.
A use or facility that cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The
term includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and shipbuilding
and ship repair facilities. The term does not include seafood-processing
facilities, long-term storage, manufacturing, sales or service facilities.
[Added 10-19-2010 by Ord. No. 241]
Any structure that is:
[Added 10-19-2010 by Ord. No. 241]
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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."
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term also includes park trailers, travel trailers, recreational vehicles
and other similar transportable structures placed on a site for 180
consecutive days or longer and intended to be improved property.
[Amended 10-19-2010 by Ord. No. 241]
A parcel or contiguous parcels of land divided into two (2)
or more manufactured home lots for rent or sale.[2]
Market value of the structure shall be determined by the
appraised value of the structure, using the replacement cost method
of appraisal, prior to the start of the initial repair or improvement,
or in the case of damage, the value of the structure prior to the
damage occurring.
[Added 10-19-2010 by Ord. No. 241]
The North American Vertical Datum (NAVD) of 1988 or other
datum, to which base flood elevations shown on a community's
Flood Insurance Rate Map (FIRM) are referenced.
[Added 10-19-2010 by Ord. No. 241]
Structures for which the start of construction commenced
on or after July 3, 1978, the effective date of the floodplain management
regulations, and includes any subsequent improvements to such structures.
[Added 10-19-2010 by Ord. No. 241]
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 July 3, 1978, the
effective date of the floodplain management regulation adopted by
the community.
[Added 10-19-2010 by Ord. No. 241]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light
duty-truck; and
Designed primarily not for use as a permanent dwelling but as
a temporary living quarters for recreational, camping, travel, or
seasonal use.
[Added 10-19-2010 by Ord. No. 241]
The date the building permit was issued, provided that the
actual start of construction, repair, reconstruction or improvement
was within 180 days of the permit date. The "actual start" means the
first placement of permanent construction of a structure, including
a manufactured home, on a site, such as the pouring of slabs or footings,
installation of piles, construction of columns or any work beyond
the stage of excavation or 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 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 that alteration affects the external dimensions of the building.
[Amended 10-19-2010 by Ord. No. 241]
A walled and roofed building that is principally above ground,
a manufactured home, a gas or liquid storage tank or other man-made
facilities or infrastructures.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its pre-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 10-19-2010 by Ord. No. 241]
Any combination of repairs, reconstruction, alteration or
improvements to a structure, taking place over a five-year period,
in which the cumulative cost equals or exceeds 50% of the market value
of the structure before the start of construction of the improvement.
The market value of the structure should be the appraised value of
the structure prior to the start of the initial repair or improvement,
using the replacement cost method of appraisal or, in the case of
damage, the value of the structure prior to the damage occurring.
For the purposes 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 dimension of the structure.
The term does not, however, include any project for improvement of
a structure required to comply with existing health, sanitary or safety
code specifications which are solely necessary to assure safe living
conditions.
[Amended 3-21-2017 by Ord. No. 251]
A grant of relief from the requirements of this chapter which
permits construction in a manner otherwise prohibited by this chapter
where specific enforcement would result in unnecessary hardship.
Failure of a structure or other development to be fully compliant
with the community's floodplain management ordinance. A structure
or other development without required permits, lowest floor elevation
documentation, floodproofing certificates or required floodway encroachment
calculations is presumed to be in violation until such time as that
documentation is provided.
[Added 10-19-2010 by Ord. No. 241]
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
[Amended 10-19-2010 by Ord. No. 241]
[1]
Editor's Note: The former definition of "Flood Hazard Boundary
Map (FHBM)," which immediately followed this definition, was repealed
10-19-2010 by Ord. No. 241.
[2]
Editor's Note: The former definition of "national geodetic
vertical datum (NGVD)," which immediately followed this definition,
was repealed 10-19-2010 by Ord. No. 241.
