As used in this chapter, the following terms shall have
the meanings indicated:
ADJACENT GRADE
The natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
AREA OF A SHALLOW FLOODING
A designated AO and AH zone on a community's Flood Insurance Rate
Map (FIRM) with a 1% or greater annual chance of flooding to an average 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 having a 1% or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in §
77-1 of this chapter.
BASE FLOOD
The flood having a 1% chance of being equalled or exceeded in any
given year, commonly called the "one-hundred-year flood."
BASEMENT
Any area of the 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 supporting foundation system.
CERTIFICATE OF COMPLIANCE
A document signed by the Code Enforcement Officer stating that a
structure is in compliance with all of the provisions of this chapter.
CODE ENFORCEMENT OFFICER
Any person or board responsible for performing the inspection, licensing,
and enforcement duties required by a particular statute or chapter.
DEVELOPMENT
Any change caused by individuals or entities to improved or unimproved
real estate, including but not limited to the construction of buildings or
other structures; the construction of additions or substantial improvements
to buildings or other structures; mining, dredging, filling, grading, paving,
excavation, drilling operations or storage of equipment or materials; and
the storage, deposition, or extraction of materials, public or private sewage
disposal systems or water supply facilities.
ELEVATED BUILDING
(1)
A nonbasement building:
(a)
Built, in the case of a building in Zones A1-30, AE, A, A99, AO, or
AH, to have the top of the elevated floor elevated above the ground level
by means of pilings, columns, post, piers, or "stilts"; and
(b)
Adequately anchored so as not to impair the structural integrity of
the building during a flood of up to one foot above the magnitude of the base
flood.
(2)
In the case of Zones A1-30, AE, A, A99, AO, or AH, "elevated building"
also includes a building elevated by means of fill or solid foundation perimeter
walls less than three feet in height with openings sufficient to facilitate
the unimpeded movement of floodwaters.
ELEVATION CERTIFICATE
An official form (FEMA Form 81-31, 05/90, as amended) that:
(1)
Is used to verify compliance with the floodplain management regulations
of the National Flood Insurance Program; and
(2)
Is required for purchasing flood insurance.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of flood hazards and,
if appropriate, corresponding water surface elevations.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Administrator of the
Federal Insurance Administration has delineated both the special hazard areas
and the risk premium zones applicable to the community.
FLOOD or FLOODING
(1)
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(a)
The overflow of inland or tidal waters.
(b)
The unusual and rapid accumulation or runoff of surface waters from
any source.
(2)
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 flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection
(1)(a) of this definition.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as a floodplain ordinances,
grading ordinances, and erosion control ordinances) 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.
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 contents.
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, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed, that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions.
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading
of cargo or passengers, and ship building and ship repair facilities, but
does not include long-term storage or related manufacturing facilities.
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 of the Interior 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.
LOCALLY ESTABLISHED DATUM
An elevation established for a specific site to which all other elevations
at the site are referenced. This elevation is generally not referenced to
the National Geodetic Vertical Datum (NGVD) or any other established datum
and is used in areas where mean sea level data is too far from a specific
site to be practically used.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). 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 described in §
77-7 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 connected to the required utilities. For floodplain management
purposes, the term "manufactured home" also includes park trailers, travel
trailers, and other similar vehicles placed on a greater than 180 consecutive
days.
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 floodplain management regulations adopted by a
community and includes any subsequent improvements to such structures.
REGULATORY FLOODWAY
(1)
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 one foot; and
(2)
In riverine areas is considered to be the channel of a river or other
water course and the adjacent land areas to a distance of 1/2 the width of
the floodplain, as measured from the normal high water mark to the upland
limit of the floodplain.
RIVERINE
Relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
START OF CONSTRUCTION
The date the building permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement,
substantial improvement 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 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 basement, 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
affects the external dimensions of the building.
STRUCTURE
For floodplain management purposes, a walled and roofed building.
A gas or liquid storage tank that is principally above ground is also a "structure."
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damage condition would equal 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. 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 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
(2)
Any alteration of a historic structure, provided that the alteration
will not preclude the structures's continued designation as a historic structure.
VARIANCE
A grant of relief by a community from the terms of a floodplain management
regulation.
VIOLATION
The failure of a structure or development to comply with a community's
floodplain management regulations.