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:
A structure used solely for parking (two-door detached garages
or smaller) or limited storage, represent a minimal investment of
not more than 10% of the value of the primary structure, and may not
be used for human habitation.
[Added 10-11-2016 by L.L. No. 3-2016]
A request for a review of the local administrator's interpretation
of any provision of this chapter or a request for a variance.
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding
to an average annual 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.
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, A1-30, A99, V, VO, VE
or V1-30. It is also commonly referred to as the "base floodplain"
or "one-hundred-year floodplain."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
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.
See "structure."
Has the same meaning as "basement."
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high-velocity wave action from storms or
seismic sources. The area is designated on a FIRM as Zone V1-30, VE,
VO or V.
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.
[Added 10-11-2016 by L.L. No. 3-2016]
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 or storage
of equipment or materials.
A non-basement building built, in the case of a building
in Zone A1-30, 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 V1-30, 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 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. In the case of Zone A1-30, 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. In
the case of Zone V1-30, 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.
[1]The federal agency that administers the National Flood Insurance
Program.
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.
[Amended 10-11-2016 by L.L. No. 3-2016]
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.
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 designated as Zone A but no flood elevations are
provided.
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.
See "flood elevation study."
"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 above.
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
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.
Has the same meaning as "regulatory floodway."
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 facilities. The term
does not include long-term storage, manufacturing, sales, or service
facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
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 of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure usable solely
for parking of vehicles, building access, or storage in an area other
than a basement area 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.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American
Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
[Amended 10-11-2016 by L.L. No. 3-2016]
Has the same meaning as "manufactured home."
[2]Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
and includes any subsequent improvements to such structure.
[3]At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
Has the same meaning as "base flood."
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projections;
Designed to be self-propelled or permanently
towable by a light-duty truck; and
Not designed primarily for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
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 or by other agencies as provided in § 82-15B of this chapter.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
[Amended 10-11-2016 by L.L. No. 3-2016]
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that 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.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
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.
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:
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
Any alteration of a historic structure, provided
that the alteration will not preclude the structure's continued designation
as a historic structure.
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.
Failure of a structure or other development to be fully compliant
with the community's floodplain management regulations.
[Added 10-11-2016 by L.L. No. 3-2016]
[1]
Editor's Note: The former definitions of "existing manufactured
home park or subdivision" and "expansion to an existing manufactured
home park or subdivision," which immediately followed this definition,
were repealed 10-11-2016 by L.L. No. 3-2016.
[2]
Editor's Note: The former definition of "national geodetic
vertical datum (NGVD)," which immediately followed this definition,
was repealed 10-11-2016 by L.L. No. 3-2016.
[3]
Editor's Note: The former definition of "new manufactured
home park or subdivision," which immediately followed this definition,
was repealed 10-11-2016 by L.L. No. 3-2016.
