As used in this chapter, the following terms shall have
the meanings indicated:
APPEAL
A request for a review of the local administrator's interpretation
of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or VO Zone on a community's Flood Insurance
Rate Map (FIRM), with base flood depths from one to three feet, where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and indeterminate and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent-or-greater
chance of flooding in any given year. This area may be designated as Zone
A, AE, AH, AO, A1-99, V, VO, VE or V1-30. It is also commonly referred to
as the "base floodplain" or the "one-hundred-year floodplain."
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded
in any given year.
BASEMENT
That portion of a 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 the supporting foundation system.
BUILDING
Any structure built for support, shelter or enclosure for occupancy
or storage.
CELLAR
The same meaning as definition of "basement."
CRAWL SPACE
An enclosed area beneath the lowest elevated floor, 18 inches or
more in height, which is used to service the underside of the lowest elevated
floor. The elevation of the floor of this enclosed area, which may be of soil,
gravel, concrete or other material, must be equal to or above the lowest adjacent
exterior grade. The enclosed crawl space area shall be properly vented to
allow for the equalization of hydrostatic forces which would be experienced
during periods of flooding.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling,
paving, excavation or drilling operations located within the area of special
flood hazard.
ELEVATED BUILDING
(1)
A nonbasement building:
(a)
Built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH,
B, C, X or D, to have the top of the elevated floor or, in the case of a building
in Zone V1-V30, VE or V, to have the bottom of the lowest horizontal structure
member of the elevated floor elevated above the ground level by means of pilings,
columns (posts and piers) or shear walls parallel to the flow of the water;
and
(b)
Adequately anchored so as not to impair the structural integrity of
the building during a flood of up to the magnitude of the base flood.
(2)
In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X or D, 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.
(3)
In the case of Zones V1-V30, VE or V, elevated building also includes
a building otherwise meeting the definition of "elevated building," even though
the lower area is enclosed by means of breakaway walls that meet the federal
standards.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or 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 street and either final site grading or the pouring of concrete pads) is
complete before the effective date of the floodplain management regulations
adopted by the community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed (including
the installation of utilities, the construction of streets and either final
site grading or the pouring of concrete pads).
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 ELEVATION 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 HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the Federal Emergency Management
Agency, where the boundaries of the areas of special flood hazard have been
defined but no water surface elevation is provided.
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 OR FLOODING
(1)
A general or temporary condition of partial or complete inundation of
normally dry land areas from:
(a)
The overflow of inland or tidal waters; or
(b)
The unusual and rapid accumulation or runoff of surface waters from
any source.
(2)
Also the collapse or subsidence of land along the shore of a lake or other body 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
(1) above.
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.
FLOODWAY
The same meaning as "regulatory floodway."
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding
and ship repair. The term does not include long-term storage or manufacture,
sales or service facilities.
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.
LOCAL ADMINISTRATOR
The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance with
its provisions. This person is often the Code Enforcement Officer, Building
Inspector or employee of an engineering department.
LOWEST FLOOR
The lowest level, including the basement or cellar, of the lowest
enclosed area. An unfinished or flood-resistant enclosure, usable solely for
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 the applicable
nonelevation design requirements of this chapter.
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.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
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.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or 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 floodplain management regulations
adopted by a community.
RECREATIONAL VEHICLE
A vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred 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)
Not designed primarily for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
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 a designated height as determined
by the Federal Emergency Management Agency in a Flood Insurance Study.
START OF CONSTRUCTION
The initiation, excluding planning and design, of any phase of a
project or physical alteration of the property, including land preparation,
such as clearing, grading and filling; installation of streets and/or walkways;
excavation for a basement, footings, piers or foundations; or the erection
of temporary forms. It also includes the placement and/or installation on
the property of accessory building (garages, sheds), storage trailers and
building materials. For manufactured homes, the "actual start" means affixing
of the manufactured home to its permanent site.
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 repair, reconstruction or improvement of a structure, the cost
of which equals or exceeds 50% of the market value of the structure either
before the improvement or repair is started or, if the structure has been
damaged and is being restored, before the damage occurred. For the purposes
of this definition, substantial improvement is considered to commence 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 building, fire, health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
(2)
Any alteration of a structure or contributing structure listed on the
National Register of Historic Places or a State Inventory of Historic Places.
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.