[CC 1979 App. D Art. 2; Ord. No. 87-21 Art. II, 9-1-1987; Ord.
No. 93-34 §2, 9-7-1993; Ord. No. 96-48 §1, 10-15-1996]
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this Chapter its most reasonable
application.
ACTUARIAL OR RISK PREMIUM RATES
Those rates established by the Administrator pursuant to
individual community studies and investigations which are undertaken
to provide flood insurance in accordance with Section 1307 of the
Act and the accepted actuarial principles. "Risk premium rates" include
provisions for operating costs and allowances.
ADMINISTRATOR
The director of the Federal Insurance Administration, F.E.M.A.
APPEAL
A request for a review of the Building Inspector's interpretation
of any provision of this Chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on a community's flood insurance
rate map (FIRM) with a one percent (1%) or greater annual chance of
flooding to an average depth of one (1) to three (3) feet where a
clearly defined channel is unpredictable and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
one percent (1%) or greater chance of flooding in any given year.
BASE FLOOD
The flood having one percent (1%) chance of being equalled
or exceeded in any given year.
DEVELOPMENT
Any man made 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.
EXISTING CONSTRUCTION
(For the purposes of determining rates) structures for which
the "start of construction" commenced before the
effective date of the FIRM or before January 1, 1975, for FIRM's effective
before that date. "Existing construction" may also
be referred to as "existing structures."
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.
2.
The unusual and rapid accumulation or runoff of surface waters
from any source.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a 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
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.
FLOODWAY OR REGULATORY 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
one (1) foot.
FLOODWAY FRINGE
That area of the floodplain, outside of the floodway, that
on the average is likely to be flooded once every one hundred (100)
years (i.e., that has a one percent (1%) chance of flood occurrence
in any one (1) year).
FREEBOARD
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
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
1.
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;
2.
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;
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 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 floodproofing design requirements of this
Chapter.
MANUFACTURED HOME
A structure, transportable in one (1) 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. For
floodplain management purposes the term ,"manufactured home" also includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than one hundred eighty (180)
consecutive days. For insurance purposes the term "manufactured home"
does not include park trailers, travel trailers, and other similar
vehicles.
NEW CONSTRUCTION
A structure for which the "start of construction" or substantial
improvement is commenced on or after the effective date of the FIRM.
RECREATIONAL VEHICLE
A vehicle which is:
1.
Built on a single chassis;
2.
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
3.
Designed to be self-propelled or permanently towable by a light
duty truck; and
4.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
START OF CONSTRUCTION
(For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348)), 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 one hundred eighty (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.
STRUCTURE
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.
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 fifty percent (50%) of the market value of the structure
before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(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
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 officer and
which are the minimum necessary to assure safe living conditions or
2.
Any alteration will not preclude the structure's continued designation
as a "historic structure."
VARIANCE
A grant of relief to a person 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.
VIOLATION
The failure of a structure or other development to be fully
compliant with the community's flood plain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required by
this Chapter is presumed to be in violation until such time as that
documentation is provided.