Definitions for §
285-45. As used in this section, the following terms shall have the meanings indicated:
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
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.
FLOOD or FLOODING
(a)
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.
(b)
"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 A(1) of this
definition.
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.
MANUFACTURED HOME
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 does not include a "recreational vehicle."
MOBILE HOME
Has the same meaning as "manufactured home."
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the community, and includes any subsequent improvements
to such structure.
RECREATIONAL VEHICLE
A vehicle which is:
(a)
Built on a single chassis;
(b)
Four hundred square feet or less when measured at the largest
horizontal projections;
(c)
Designed to be self-propelled or permanently towable by a light
duty truck; and
(d)
Not designed primarily for use as a permanent dwelling, but
as temporary living quarters for recreational, camping, travel, or
seasonal use.
START OF CONSTRUCTION
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement is within 180 days after the date
of issuance. The "actual start of construction" means the first placement
of permanent construction of a building (including a manufactured
home) on a site, such as the pouring of a slab or footings, installation
of pilings or construction of columns. Permanent construction does
not include land preparation (such as clearing, excavation, grading,
or filling), or the installation of streets or walkways, or excavation
for a basement, footings, piers or foundations, or the erection of
temporary forms, or the installation of accessory buildings, such
as garages or sheds not occupied as dwelling units or not part of
the main building. 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.
STRUCTURE
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
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.
SUBSTANTIAL IMPROVEMENT
Any 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.
The term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
(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.
VARIANCE
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.
VIOLATION
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.