A.
Unless specifically defined below, 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.
B.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
CELLAR
COASTAL HIGH-HAZARD AREA
DEVELOPMENT
ELEVATED BUILDING
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN OR FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FLOOR
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SAND DUNES
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
As used in this chapter, the following terms shall have
the meanings indicated:
A request for a review of the local administrator's interpretation
of any provision of this chapter or a request for a variance.
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding to
an average annual depth of one to three feet, where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or sheet flow.
[Amended 5-2-1994 by L.L. No. 1-1994]
The land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year. This area may be designated
as Zone A, AE, AH, AO, A1 through A99, V, VO, VE or V1 through V30. It is
also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."
The flood having a one-percent chance of being equaled or exceeded
in any given year.
That portion of a building having its flood 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 occupancy
or storage.
Has the same meaning as "basement."
The area subject to high-velocity waters, including but not limited
to hurricane wave wash. The area is designated on a FIRM as Zone V1 through
V30, VE, VO or V.
Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling,
paving, excavation, drilling operations or storage of equipment or materials
located within the areas of special flood hazard.
[Amended 11-14-1994 by L.L. No. 2-1994]
A nonbasement building built, in the case of a building in Zone A1
through A30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated
floor, or in the case of a building in Zones V1 through V30, VE or V, to have
the bottom of the lowest horizontal structural member of the elevated floor
elevated above the ground level by means of pilings, columns (posts and piers)
or shear walls parallel to the flow of the water and adequately anchored so
as not to impair the structural integrity of the building during a flood of
up to the magnitude of the base flood. In the case of Zone A1 through A30,
AE, A, A99, AO, AH, B, C, X or D, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of floodwaters. In the case
of Zone V1 through V30, VE or V, "elevated building" also includes a building
otherwise meeting the definition of "elevated building," even though the lower
area is enclosed by means of breakaway walls that meet the federal standards.
[Amended 5-2-1994 by L.L. No. 1-1994]
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 the community.
[Added 5-2-1994 by L.L. No. 1-1994]
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 5-2-1994 by L.L. No. 1-1994]
The Federal agency that administers the National Flood Insurance
Program.
[Added 5-2-1994 by L.L. No. 1-1994]
An official map of the community published by the Federal Emergency
Management Agency as part of a riverine community's Flood Insurance Study.
The "FBFM" delineates a regulatory floodway along watercourses studied in
detail in the Flood Insurance Study.
An examination, evaluation and determination of the flood hazards
and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of flood-related erosion hazards.
[Added 5-2-1994 by L.L. No. 1-1994]
An official map of a community, issued by the Federal Emergency Management
Agency, where the boundaries of the areas of special flood hazard have been
defined but no water surface elevation data is provided.
An official map of a community 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 provided by the Federal Emergency Management
Agency. The report contains flood profiles as well as the Flood Boundary -
Floodway Map and the water surface elevations of the base flood.
[Amended 5-2-1994 by L.L.
No. 1-1994]:
"Flood" or "flooding" also means the collapse or subsidence of land
along the shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force of nature,
such as a flash flood or an abnormal tidal surge, or by some similarly unusual
and unforeseeable event which results in flooding as defined in Subsection
B(1)(a) above.
Any land area susceptible to being inundated by water from any source
(see definition of "flooding").
[Added 5-2-1994 by L.L. No. 1-1994]
Any combination of structural and nonstructural additions, changes
or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures
and their contents.
Has the same meaning as "regulatory floodway."
The top surface of an enclosed area in a building, including basement,
i.e., top of slab in concrete slab construction or top of wood flooring in
wood frame construction.
A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding
and ship repair. The term does not include long-term storage, manufacture,
sales or service facilities.
The highest natural elevation of the ground surface, prior to construction,
next to the proposed walls of a structure.
[Added 5-2-1994 by L.L.
No. 1-1994] -- A structure that is:
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 historical 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 person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance with
its provisions. This person is often the Code Enforcement Officer, Building
Inspector or employee of an engineering department.
[Added 5-2-1994 by L.L. No. 1-1994]
Lowest level, including basement or cellar, of the lowest enclosed
area. An unfinished or flood-resistant enclosure usable solely for the parking
of vehicles, building access or storage in an area other than a basement or
cellar 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
nonelevation design requirements of this chapter.
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 and similar transportable structures placed
on a site for 180 consecutive days or longer and intended to be improved property.
A parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
[Added 5-2-1994 by L.L. No. 1-1994]
For purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other data to which base flood elevations
shown on a community's Flood Insurance Rate Map are referenced.
Has the same meaning as "manufactured home."
As corrected in 1929, a vertical control used as a reference for
establishing elevations within the floodplain.
Structures for which the start of construction commenced on or after
the effective date of this chapter.
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 floodplain management regulations
adopted by a community.
[Added 5-2-1994 by L.L. No. 1-1994]
Has the same meaning as "base flood."
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
[Added 5-2-1994 by L.L.
No. 1-1994] -- A vehicle which is:
Built on a single chassis:
Four hundred square feet or less when measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed primarily for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
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 a designated height, as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 172-12B of this chapter.
Naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
This includes substantial improvement and means the initiation, excluding
planning and design, of any phase of a project or physical alteration of the
property and shall include land preparation, such as clearing, grading and
filling; installation of streets and/or walkways; excavation for a basement,
footings, piers or foundations or the erection of temporary forms. It also
includes the placement and/or installation on the property of accessory buildings
(garages or sheds), storage trailers and building materials. For manufactured
homes the "actual start" means affixing of the manufactured home to its permanent
site.
[Amended 5-2-1994 by L.L. No. 1-1994]
A walled and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a manufactured home.
[Amended 5-2-1994 by L.L. No. 1-1994]
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% of the market value of the structure before the damage occurred.
[Added 5-2-1994 by L.L. No. 1-1994]
Any repair, reconstruction or improvement of a structure, the cost
of which equals or exceeds 50% of the market value of the structure, excluding
land values, either before the improvement or repair is started or, if the
structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition, "substantial improvement" is considered
to commence 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 structure. The term does not, however,
include either:
Any project for the improvement of a structure to comply with existing
state or local building, fire, health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions; or
Any alteration of a structure or contributing structure listed on the
National Register of Historic Places or a State Inventory of Historic Places.
A grant of relief from the requirements of this chapter which permits
construction or use in a manner that would otherwise be prohibited by this
chapter.
