Definitions. As used in this section, the following
terms shall have the meanings indicated:
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASE FLOOD ELEVATION
The Federal Emergency Management Agency designated one-hundred-year
water surface elevation.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BOARD OF ZONING APPEALS
The board appointed to review appeals made by individuals
with regard to decisions of the Zoning Administrator in the interpretation
of this section.
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.
ELEVATED BUILDING
A non-basement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, or columns (posts and piers).
ENCROACHMENT
The advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a
floodplain, which may impede or alter the flow capacity of a floodplain.
FLOOD or FLOODING
(1)
A general or temporary condition of partial
or complete inundation of normally dry land areas from:
(a)
The overflow of inland or tidal waters; or
(b)
The unusual and rapid accumulation or runoff
of surface waters from any source.
(2)
The collapse or subsistence 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.
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.
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 in the watershed.
HISTORIC STRUCTURE
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 or a district preliminarily determined
by the Secretary 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.
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 of Federal Code
44 CFR 60.3.
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 one a site for greater than 180 consecutive days.
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 Flood Insurance Rate Map on or after December 31,
1974, whichever is later, and includes any subsequent improvements
to such structures. For floodplain management purposes, "new construction"
means structures for which start of construction commenced on or after
the effective date of a floodplain management regulation adopted by
a community and includes any subsequent improvements to such structures.
RECREATIONAL VEHICLE
A vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred square feet or less when measured
at the largest horizontal projection;
(3)
Designed to be self-propelled or permanently
towable by a light duty truck; and
(4)
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational camping,
travel, or seasonal use.
SHALLOW FLOODING AREA
A special flood hazard area 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. Such flooding is characterized by ponding
or sheet flow.
SPECIAL FLOOD HAZARD AREA
The land in the floodplain subject to a one-percent or greater chance of being flooded in any given year as determined in Subsection
C(2) of this section.
START OF CONSTRUCTION
The date the building permit was issued, provided 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 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 the 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.
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.
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 structure's continued designation
as a historic structure.
WATERCOURSE
A lake, river, creek, stream, wash, channel or other topographic
feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood
damage may occur.