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.
APPEAL
A request for a review of the City Engineer's interpretation
of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
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.
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-A30, A99, V, VO,
VE or V1-V30. It is also commonly referred to as the "base floodplain"
or "100-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.
CELLAR
Has the same meaning as "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 or storage
of equipment or materials.
ELEVATED BUILDING
A nonbasement building built, in the case of a building in
Zone 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 V1-30, 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-A30, AE, A, A99, AO, AN,
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-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 streets 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 or FLOODING
A.
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 or runoff
of surface waters from any source.
B.
"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 A
above.
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 designated as Zone A but no flood elevations are
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.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduces or eliminates flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY
Has 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 facilities. The term
does not include long-term storage, manufacturing, 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:
A.
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;
B.
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;
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.
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. In the City of Oneida, the City Engineer is designated
as the local administrator.
LOWEST FLOOR
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, however, 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.
MOBILE HOME
Has the same meaning as "manufactured home."
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:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured
at the largest horizontal projections;
C.
Designed to be self-propelled or permanently
towable by a light-duty truck; and
D.
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 or by other agencies as provided in §
64-15, Use of other flood data, of this chapter.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on the average, equals or exceeds
25% of the market value of the structure before the damage occurred.
START OF CONSTRUCTION
Includes substantial improvement and means the initiation,
excluding planning and design, of any phase of a project, physical
alteration of the property, and shall include 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 buildings (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, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
be equal to 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 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 repetitive loss or
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 official and which are the minimum necessary to assure
safe living conditions; or
B.
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
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.