Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them
the meanings 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:
AH ZONE
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Base flood elevations (BFEs) derived from
detailed hydraulic analyses are shown in this Zone.
[Added 8-27-2019 by Ord.
No. 2019-11]
AO ZONE
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one and three feet.
[Added 8-27-2019 by Ord.
No. 2019-11]
APPEAL
A request for a review of the Building Inspector'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 the Flood Insurance Rate Map
(FIRM). The base flood depths range from one to three feet; a clearly
defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and 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. It
is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99,
or AH.
[Added 8-27-2019 by Ord.
No. 2019-11]
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
The flood elevation shown on a published Flood Insurance
Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones
AE, AH, AO, and A1-30 the elevation represents the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
[Added 8-27-2019 by Ord.
No. 2019-11]
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
The most recent available flood risk guidance FEMA has provided.
The best available flood hazard data may be depicted on but not limited
to advisory flood hazard area maps, work maps or preliminary FIS and
FIRM.
[Added 8-27-2019 by Ord.
No. 2019-11]
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
The most recent available flood elevation FEMA has provided.
The best available flood hazard data elevation may be depicted on
an advisory flood hazard area map, work map or preliminary FIS and
FIRM.
[Added 8-27-2019 by Ord.
No. 2019-11]
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 supporting foundation system.
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
or storage of equipment or materials located within the area of special
flood hazard.
[Amended 11-20-1995 by Ord. No. 1233]
ELEVATED BUILDING
A nonbasement building:
[Amended 8-27-2019 by Ord. No. 2019-11]
A.
Built in the case of a building in an area of special flood
hazard to have the top of the elevated floor elevated above the base
flood elevation plus freeboard 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.
(1)
In an area of special flood hazard "elevated building" also
includes a building elevated by means of fill or solid foundation
perimeter walls with opening(s) sufficient to facilitate the unimpeded
movement of floodwaters.
EROSION
The process of gradual wearing away of land masses.
[Added 8-27-2019 by Ord.
No. 2019-11]
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 8-27-2019 by Ord.
No. 2019-11]
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
A.
The overflow of inland or tidal waters; and/or
B.
The unusual and rapid accumulation or runoff
of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration
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 in which the Federal Insurance
Administration has provided flood profiles, as well as the flood boundary,
Floodway Map and the water surface elevation of the base flood.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
[Added 11-20-1995 by Ord. No. 1233]
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.
[Added 8-27-2019 by Ord.
No. 2019-11]
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
0.2 foot.
[Amended 8-27-2019 by Ord. No. 2019-11]
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, bridge openings, and
the hydrological effect of urbanization of the watershed.
[Added 8-27-2019 by Ord.
No. 2019-11]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Added 8-27-2019 by Ord.
No. 2019-11]
HISTORIC STRUCTURE[Added 11-20-1995 by Ord. No.
1233]
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 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.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a buildings lowest floor provided that
such enclosure is not built so to render the structure in violation
of other applicable non- elevation design requirements of 44 CFR 60.3.
[Added 8-27-2019 by Ord.
No. 2019-11]
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 11-20-1995 by Ord. No. 1233]
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of this chapter.
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 the
floodplain management regulations adopted by the municipality.
[Added 11-20-1995 by Ord. No. 1233]
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the longest horizontal projections;
designed to be self-propelled or permanently towable by a light-duty
truck; and designed primarily not for use as a permanent dwelling
but as a temporary living quarters for recreational, camping, travel
or seasonal use.
[Added 11-20-1995 by Ord. No. 1233]
START OF CONSTRUCTION
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial
improvement and means the date the building permit was issued, provided
that the actual start of construction, repair, reconstruction, placement
or other improvement was within 180 days of the permit date. The "actual
start" means either the first placement of permanent construction
of a structure on a site, such as the pouring of a 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 basements, 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 effects the external dimensions of the building.
[Amended 11-20-1995 by Ord. No. 1233]
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 11-20-1995 by Ord. No. 1233]
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.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
[Amended 11-20-1995 by Ord. No. 1233; 8-27-2019 by Ord. No. 2019-11]
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 officer 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 constructions in a manner that would otherwise be prohibited
by this chapter.
VIOLATION
The failure of a structure or other development to be fully
compliant with this ordinance. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4),
(c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
[Added 8-27-2019 by Ord.
No. 2019-11]