[Ord. No. 2480, 5-8-2023]
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.
APPEAL
A request for a review of the Zoning Administrator'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) foot 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
Is the land in the floodplain within a community subject
to one percent (1%) or greater change 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.
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
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:
1.
The overflow of inland or tidal waters.
2.
The unusual and rapid accumulation of runoff or surface waters
from the source.
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].
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.
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.
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
Structures for which the start of construction or substantial
improvement is commenced on or after the effective date of the FIRM.
OVERLAY DISTRICT
A district in which additional requirements act in conjunction
with the underlying zone district(s). The original zoning district
designation does not change.
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. 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 that is principally above ground,
as well as a manufactured home, and a gas or liquid storage tank that
is principally above ground.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure either: (1) before the improvement or repair
is started; or (2) if the structure has been damaged and is being
restored, before the damage occurred. For the purpose 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 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.
VARIANCES
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.