As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTUREA use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASEMENTAny area of the building having its floor subgrade (below ground level) on all sides.
BUILDINGA combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
COMPLETELY DRY SPACEA space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
[Added 11-13-2001 by Ord. No. 548]
CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of manufactured homes.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures, the placement of manufactured homes, streets and other paving; utilities, filling, grading and excavation, mining, dredging, drilling operations, storage of equipment or materials, and the subdivision of land.
[Amended 11-13-2001 by Ord. No. 548]
ESSENTIALLY DRY SPACEA space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
[Added 11-13-2001 by Ord. No. 548]
FLOODA temporary inundation of normally dry land areas.
FLOODPLAIN AREAA relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
[Amended 11-13-2001 by Ord. No. 548]
FLOODPROOFINGAny 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.
FLOODWAYThe designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
[Amended 11-13-2001 by Ord. No. 548]
HISTORIC STRUCTUREAny structure that is:
[Added 11-13-2001 by Ord. No. 548]
A. 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;
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 be qualified as a registered historic district;
C. 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 the Interior in states without approved programs.
IDENTIFIED FLOODPLAIN AREAThe floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood.
[Added 11-13-2001 by Ord. No. 548]
LAND DEVELOPMENTAny of the following activities:
[Added 11-13-2001 by Ord. No. 548]
A. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
LOWEST FLOORThe lowest floor of the lowest fully enclosed area (including basement). An unfinished flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
[Amended 11-13-2001 by Ord. No. 548]
MANUFACTURED HOMEA structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term includes park trailers, travel trailers, recreational, and other similar vehicles placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARKA parcel (or contiguous parcels) of land which has been planned and improved for the placement of two or more manufactured homes.
MINOR REPAIRThe replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement or parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
[Amended 11-13-2001 by Ord. No. 548]
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after 11-13-2001, and includes any subsequent improvements thereto.
[Added 11-13-2001 by Ord. No. 548]
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or floodplain area, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property.
ONE-HUNDRED-YEAR FLOODA flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
PERSONAn adult, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
[Amended 11-13-2001 by Ord. No. 548]
RECREATIONAL VEHICLEA vehicle which is: built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
[Added 11-13-2001 by Ord. No. 548]
REGULATORY FLOOD ELEVATIONThe one-hundred-year-flood elevation plus a freeboard safety factor of 1 1/2 feet.
[Amended 11-13-2001 by Ord. No. 548]
SPECIAL PERMITA special approval which is required for hospitals, nursing homes, jails and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.
[Added 11-13-2001 by Ord. No. 548]
STRUCTUREAnything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, sheds, manufactured homes, and other similar items.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, or building, or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.
SUBSTANTIAL DAMAGEDamage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
[Added 11-13-2001 by Ord. No. 548]
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the 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:
[Amended 11-13-2001 by Ord. No. 548]
A. 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
B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.