13-1-3: DEFINITIONS:

For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section:

APPURTENANT STRUCTURE:	A structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
BASE FLOOD:	A flood having a one percent (1%) chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE):	The elevation floodwaters would reach at a particular site during the occurrence of a base flood event.
BASEMENT:	Any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also, see definition of Lowest Floor.
DEVELOPMENT:	Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials. "Development" does not include "minor projects" or "routine maintenance of existing buildings and facilities" as defined in this section. It also does not include gardening, plowing, and similar practices that do not involve filling, grading, or excavating.
ENCLOSED AREA BELOW LOWEST FLOOR:	The floor of the lowest enclosed area in a building when all the following criteria are met:
	A. The enclosed area is designed to flood to equalize hydrostatic pressure during flood events with walls or openings that satisfy the provisions of section 13-1-11(H)(1) of this chapter, and
	B. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage, and
	C. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot (1') above the base flood elevation, and
	D. The enclosed area is not a "basement" as defined in this section.
EXISTING CONSTRUCTION:	For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".
EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION:	A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory built 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's regulations adopted by a community.
EXPANSION OF EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION:	The preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built 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).
FACTORY-BUILT HOME PARK OR SUBDIVISION:	A parcel (or contiguous parcels) of land divided into two (2) or more factory-built home lots for rent or sale.
FACTORY-BUILT HOME:	Any structure, designed for residential use which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this ordinance, factory-built homes include mobile homes, factory-built homes, and modular homes; and also include "recreational vehicles" which are placed on a site for greater than one hundred eighty (180) consecutive days and not fully licensed for and ready for highway use.
FIVE HUNDRED (500) YEAR FLOOD:	A flood, the magnitude of which has a two-tenths percent (0.2%) chance of being equaled or exceeded in any given year or which, on average, will be equaled or exceeded at least once every five hundred (500) years.
FLOOD INSURANCE RATE MAP (FIRM):	The official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY:	A report published by FEMA for a community issued along with the community's Flood Insurance Rate Map(s). The study contains such background data as the base flood discharge and water surface elevations that were used to prepare the FIRM.
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; b) the usual and rapid accumulation of runoff of surface waters from any source.
FLOODPLAIN:	Any land area susceptible to being inundated by water from any source (see definition of Flood or Flooding).
FLOODPLAIN MANAGEMENT:	An overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of floodplains, including but not limited to emergency preparedness plans, flood control works, floodproofing and floodplain management regulations.
FLOODPROOFING:	Any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures.
FLOODWAY OR 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 one foot (1').
FLOODWAY FRINGE:	That area of the special flood hazard area outside of the floodway.
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, clogged bridge openings, and the hydrological effect of urbanization of the watershed.
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.
LOWEST FLOOR:	The floor of the lowest enclosed area in a building including a basement except when the criteria listed in the definition of "enclosed area below lowest floor" are met.
MAXIMUM DAMAGE POTENTIAL DEVELOPMENT:	Hospitals and like institutions; buildings or building complexes containing documents, data, or instruments of great public value; buildings or building complexes containing materials dangerous to the public or fuel storage facilities; power installations needed in emergency or other buildings or building complexes similar in nature or use.
MINOR PROJECTS:	Small development activities (except for filling, grading, and excavating) valued at less than five hundred dollars ($500.00).
NEW CONSTRUCTION:	For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of the floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
NEW FACTORY-BUILT HOME PARK OR SUBDIVISION:	A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory built 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 first floodplain management regulations adopted by the community.
OVERLAY DISTRICT:	A district in which additional requirements act in conjunction with the underlying zoning districts. The original zoning district designation does not change.
PRINCIPALLY ABOVEGROUND:	At least fifty percent (50%) of the actual cash value of the structure is aboveground.
RECREATIONAL VEHICLE:	A vehicle which is: a) built on a single chassis; b) four hundred (400) square feet or less when measured at the largest horizontal projection; c) designed to be self-propelled or permanently towable by a light duty truck; and d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
ROUTINE MAINTENANCE OF EXISTING BUILDINGS AND FACILITIES:	Repairs necessary to keep a structure in a safe and habitable condition that do not require a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include:
	A. Normal maintenance of structures such as reroofing, replacing roofing tiles, and replacing siding;
	B. Exterior and interior painting, wallpapering, tiling, carpeting, cabinets, countertops and similar finish work;
	C. Basement sealing;
	D. Repairing or replacing damaged or broken window panes;
	E. Repairing plumbing systems, electrical systems, heating or air conditioning systems, and repairing wells or septic systems.
SPECIAL FLOOD HAZARD AREA:	The land within a community subject to the "base flood". This land is identified on the community's Flood Insurance Rate Map as Zone A, A1-30, AE, AH, AO, AR, and/or A99.
START OF CONSTRUCTION:	For other than new construction or substantial improvements under the coastal barrier resources act (PB. 1. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means 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 factory-built 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 a 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 the alteration affects the external dimensions of the building.
STRUCTURE:	Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built homes, storage tanks, grain storage facilities and/or other similar uses.
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 fifty percent (50%) of the market value of the structure before the damage occurred. Substantial damage also means flood related damage sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty five percent (25%) of the market value of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair.
SUBSTANTIAL IMPROVEMENT:	Any improvement to a structure which satisfies either of the following criteria:
	A. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either (i) before the "start of construction" of the improvement, or (ii) if the structure has been "substantially damaged" and is being restored, before the damage occurred. 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 ensure safe living conditions; or b) any alteration of a "historic structure"; provided, that the alterations will not preclude the structure's continued designation as a "historic structure".
	B. Any addition which increases the original floor area of a building by twenty five percent (25%) or more. All additions constructed after the effective date of the first floodplain management regulations adopted by the community shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty five percent (25%).
VARIANCES:	A grant of relief to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.
VIOLATION:	The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in these regulations is presumed to be in violation until such time as that documentation is provided. (2008 Code app. C art. VIII; amd. Ord. 02-14, 2-18-2014; Ord. 01-16, 1-5-2016; Ord. 03-21, 2-16-2021)