As used in this chapter, the following terms shall
have the meanings indicated:
APPEAL
A request for a review of the Construction Official's
interpretation of any provision of this chapter or a request for a
variance.
AREA OF SHALLOW FLOODING
A designated AO Zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below
grade) on all sides.
DEVELOPMENT
Any man-made change to improved or improved 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 located within the area of special
flood hazard.
[Added 3-12-2001 by Ord. No. 7-2001]
ELEVATED BUILDING
A nonbasement building built in the case of a building in
an area of special flood hazard to have the top of the elevated floor
elevated above the ground level by means of piling, columns (post
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 an area
of special flood hazard, 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.
[Added 3-12-2001 by Ord. No. 7-2001]
FLOOD OR FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1)
The overflow of inland or tidal waters; and/or
(2)
The unusual and rapid accumulation or runoff
of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zone applicable to the community.
FLOOD INSURANCE STUDY
The official report provided in which the Federal Insurance
Administration has provided flood profiles as well as the Insurance
Rate Map and the water surface elevation of the base flood.
[Amended 3-12-2001 by Ord. No. 7-2001]
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
[Added 3-12-2001 by Ord. No. 7-2001]
FLOODPROOFING
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.
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
0.2 foot.
HISTORIC STRUCTURE
Any structure that is:
[Added 3-12-2001 by Ord. No. 7-2001]
(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 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.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure usable solely for the 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 other applicable nonelevation design requirements.
[Amended 3-12-2001 by Ord. No. 7-2001]
MANUFACTURED HOME
A 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 "manufactured home" does not include a recreational vehicle.
[Amended 3-12-2001 by Ord. No. 7-2001]
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
[Amended 3-12-2001 by Ord. No. 7-2001]
NEW MANUFACTURED HOME PARK
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 municipality.
[Amended 3-12-2001 by Ord. No. 7-2001]
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the longest horizontal projections;
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 3-12-2001 by Ord. No. 7-2001]
START OF CONSTRUCTION
Includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, placement or other improvement was within
180 days of the permit date. The "actual start" means either 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 state 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 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 that alteration affects the external dimensions of the building.
[Amended 3-12-2001 by Ord. No. 7-2001]
STRUCTURE
A walled and roofed building, a manufactured home or a gas-
or liquid-storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
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 3-12-2001 by Ord. No. 7-2001]
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure 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 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 dimensions of the structure.
The term does not, however, include either:
(1)
Any project for the improvement of a structure
to comply with existing state or local health, sanitary or safety
code specifications which are solely necessary to assure safe living
conditions; or
(2)
Any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of Historic
Places.
VARIANCE
A grant of relief from the requirement of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.