Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
ALLUVIAL FAN FLOODING
Flooding occurring on the surface of an alluvial fan or similar landform
which originates at the apex and is characterized by high-velocity flows;
active processes of erosion, sediment transport and deposition; and unpredictable
flow paths.
[Added 2-21-1990 by L.L. No. 1-1990]
APEX
A point on an alluvial fan or similar landform below which the flow
path of the major stream that formed the fan becomes unpredictable and alluvial
fan flooding can occur.
[Added 2-21-1990 by L.L. No. 1-1990]
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 1% or
greater chance of flooding in any given year. This area may be designated
as Zone A, AE, AH, AO, A1 through A99, V. VO, VE or V1 through V30. It is
also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."
BASE FLOOD
The flood having a 1% 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
Has the same meaning as "basement."
COASTAL HIGH-HAZARD AREA
The area subject to high-velocity waters, including but not limited
to hurricane wave wash. The area is designated on a FIRM as Zone V1 through
V30, VE, VO or V.
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 and materials,
located within the area of special flood hazard.
[Amended 2-21-1990 by L.L. No. 1-1990]
ELEVATED BUILDING
A nonbasement building built to have the lowest floor elevated above
the ground level by means of fill, solid foundation perimeter walls, pilings,
columns (posts and piers) or shear walls.
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 completed before the effective date of the floodplain management regulations
adopted by a community.
[Added 2-21-1990 by L.L. No. 1-1990]
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.
[Added 2-21-1990 by L.L. No. 1-1990]
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 delineate a regulatory floodway along watercourses studied in detail
in the Flood Insurance Study.
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; or
(2)
The unusual and rapid accumulation or runoff of surface waters from
any surface.
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 INSURANCE STUDY
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary
— Floodway Map and the water surface elevations of the base flood.
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
Has the same meaning as "regulatory floodway."
FLOOR
The top surface of an enclosed area in a building, including basement,
i.e., top of slab in concrete slab construction or top of wood flooring in
wood frame construction.
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, 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[Added 2-21-1990 by L.L.
No. 1-1990]
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;
(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 preservation programs
which have been approved by the Secretary of the Interior or by an approved
state program as determined by the Secretary of the Interior or directly by
the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
Lowest level, including 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 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.
[Amended 2-21-1990 by L.L. No. 1-1990]
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
For the purposes of determining insurance rates, structures for which
the start of construction commenced on or after the effective date of an initial
FIRM or after December 31, 1974, whichever is later, and includes any subsequent
improvements to such structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation adopted
by a community and includes any such structures.
[Amended 2-21-1990 by L.L. No. 1-1990]
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.
[Added 2-21-1990 by L.L. No. 1-1990]
PRINCIPALLY ABOVE GROUND
Means that at least 51% of the actual cash value of the structure,
excluding land value, is above ground.
RECREATIONAL VEHICLE
A vehicle which is:
[Added 2-21-1990 by L.L. No. 1-1990]
(1)
Built on a single chassis.
(2)
400 square feet or less when measured at the largest horizontal projection.
(3)
Designed primarily not 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 §
60-12B of this chapter.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
START OF CONSTRUCTION
The initiation, excluding planning and design, of any phase of a
project or physical alteration of the property, reconstruction, rehabilitation
or addition 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 the affixing of the manufactured home to its
permanent site. 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.
[Amended 2-21-1990 by L.L. No. 1-1990]
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.
[Added 2-21-1990 by L.L. No. 1-1990]
SUBSTANTIAL IMPROVEMENT[Amended 2-21-1990
by L.L. No. 1-1990]
Any reconstruction, rehabilitation, addition or other improvement
of a 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 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
(2)
Any alteration of an historic structure, provided that alteration will
not preclude the structure's continued designation as an historic structure.
(3)
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.