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. As used in this chapter, the following terms shall have
the meanings indicated:
APPEAL
A request for a review of the administrator's interpretation
of any provision of this chapter or a request for an exception.
AREA OF SHALLOW FLOODING
A designated AO, AH, or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a 1% or greater annual chance of flooding to
an average 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.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year (100-year floodplain).
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded
in any given year.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
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 supporting foundation system.
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,
or storage of equipment or materials located within the area of special
flood hazard.
ELEVATED BUILDING
A non-basement building built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor or, in the case of a building in a coastal high-hazard area,
to have the bottom of the lowest horizontal structural member of the
elevated floor elevated above the ground level by means of piling,
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 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.
EXCEPTION
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
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 zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary-Floodway
Map and the water surface elevation of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
A.
The overflow of inland or tidal waters; and/or
B.
The unusual and rapid accumulation or runoff of surface waters
from any source.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a 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.
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:
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 preliminarily determined by the Secretary to qualify
as a registered historic district;
C.
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
D.
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.
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
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
non-elevation design requirements.
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 attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
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.
NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A manufactured home park or manufactured home 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.
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 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 (P.L. No. 97-348)]
Includes substantial improvements and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, 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 a 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 or 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.
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.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which 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:
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 officer and
which are the minimum necessary to assure safe living conditions;
or
B.
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure.