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.
“Base flood”
means a flood which has a 1% chance of being equaled or exceeded
in any given year (also called the “100-year flood”).
Base flood is the term used throughout this chapter.
“Development”
means 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.
“Flood” or “flooding”
means:
1.
A general and temporary condition of partial or complete inundation
of normally dry land areas from: the overflow of inland or tidal waters;
the unusual and rapid accumulation or runoff of surface waters from
any source; or mudslides (i.e., mudflows) which are proximately caused
by flooding as defined herein and are akin to a river of liquid and
flowing mud on the surfaces of normally dry land areas, as when earth
is carried by a current of water and deposited along the path of the
current.
2.
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 unusual and unforeseeable event which results
in flooding as defined in this definition.
“Floodplain management”
means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing,
where possible, natural resources in the floodplain, including but
not limited to emergency preparedness plans, flood control works,
floodplain management regulations, and open space plans.
“Floodplain management regulations”
means the ordinance codified in this chapter and other zoning
ordinances, subdivision regulations, building codes, health regulations,
special purpose ordinances (such as grading and erosion control) and
other application of police power which control development in floodprone
areas. This term describes federal, state or local regulations in
any combination thereof which provide standards for preventing and
reducing flood loss and damage.
“Governing body”
is the local governing unit, i.e., county or municipality,
that is empowered to adopt and implement regulations to provide for
the public health, safety and general welfare of its citizenry.
“Historic structure”
means any structure that is:
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 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 Interior; or
4.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states with approved programs.
“Manufactured home”
means 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,”
for floodplain management purposes, means structures for
which the “start of construction” commenced on or after
the effective date of floodplain management regulations adopted by
this community, and includes any subsequent improvements to such structures.
“Recreational vehicle”
means a vehicle which is:
1.
Built on a single chassis;
2.
Four hundred square feet or less when measured at the largest
horizontal projection;
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”
includes substantial improvement and other proposed new development
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 from the date
of the permit. 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 stage of excavation; or the placement
of a manufacture 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. 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”
means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured
home.
“Substantial damage”
means 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”
means any reconstruction, rehabilitation, addition, or other
proposed new development 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:
1.
Any project for improvement of a structure to correct existing
violations or 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
2.
Any alteration of a “historic structure,” provided
that the alteration will not preclude the structure’s continued
designation as a “historic structure.”
(Ord. 5625 § 3, 2008)