Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage, and to give this article its most reasonable application.
Addition (to an existing building). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is considered new construction.
Basement. That portion of a building having its floor sub-grade (below ground level) on all sides.
Building. A walled and roofed building, including a manufactured home, which is principally above ground. A building shall include any other man-made facility, structure or infrastructure, including a gas or liquid storage tank.
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 permanent storage of materials or equipment.
Ecological Hazard District (EHD). That portion of the flood hazard area subject to periodic flooding due to inundation of subterranean drainage channels, and delineated by sinkholes and the following soil types in the Soil Survey of Boyle and Mercer Counties, Kentucky, April 1983: Maury (MaC), Maury (MaB), McAfee (MaD), McAfee (MaD), Fairmont(FaD), Fairmont (FaC), Caleast (CaC), and Caleast (CaB).
Elevated building. A building, without a basement, built to have the lowest floor elevated above the ground level be means of solid foundation perimeter walls, pilings, columns (posts and/or piers), shear walls or breakaway walls.
Existing construction. Any structure for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975. Existing construction may also be referred to as an existing structure.
Flood. A temporary rise in stream flow or stage that results in water overtopping its bank and inundating areas adjacent to the channel.
Flood profile. The elevation (usually above mean sea level) of the water surface in a stream during flood discharges. The flood profile that exists during a flood depends upon the flood discharge and stream characteristics. Both the flood discharges of a given frequency and the stream characteristics change with time, as the land use on upstream watersheds change, and as the stream is changed due to vegetation, bridges, culverts, obstructions, and the like. The flood profile can be used to determine the exact limits of the floodplain.
Floodplain. That land, adjacent to a stream, channel or body of water, which has been or may be hereafter covered by flood water, during the regulatory flood. Floodplain shall include those lands which are included in the Special Flood Hazard Areas, and those lands that are determined to be included within the post-development floodplain.
Floodplain variance. A grant of relief from the requirements of this article which permits construction or use in a manner otherwise prohibited by this article because specific enforcement would result in unnecessary hardship.
Floodproofing. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.
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, facilities that are necessary for the loading or unloading of cargo or passengers, and boat repair facilities; but does not include any residential use or any long-term storage or related manufacturing facilities.
General Floodplain District (GFD). That portion of the flood hazard area subject to periodic flooding by the following soil types in the Soil Survey of Boyle and Mercer Counties, Kentucky, April 1983: Boonesboro (Bo), Dunning (Du), Elk (EkA), Newark (Ne), Nicholson (NhB), Nolin (No), and Sensabaugh (Se).
Historic structure. Any structure that is listed individually on the National Register of Historic Places or is determined to meet the requirements for individual listing on the National Register; is certified or preliminarily determined to contribute to the historic significance of a National Register Historic District or an area that meets the requirement of a National Register Historic District; is individually listed on the state inventory of historic places.
Lowest floor. The lowest floor of the lowest enclosed area (including basement) of a structure. Lowest floor shall not include an unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area; provided that such enclosure is built in compliance with the applicable design requirements of this article.
Lowest opening. The lowest opening into a structure, including doors and windows sills, foundation vents, the top of window wells, crawl space entrances, and the top landing of exterior stairways and other openings leading to below grade spaces. Lowest opening shall not include access to an unfinished or flood-resistant enclosure used solely for parking of vehicles, or for building access or storage.
Manufactured home. A structure, transportable in one or more sections, built on a permanent chassis, and designed for use with or without a permanent foundation when connected to required utilities. For the purposes of floodplain management, this term also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred and eighty (180) consecutive days. For flood insurance purposes, the term manufactured home does not include park trailers, travel trailers and other similar vehicles.
New construction. Any structure for which the start of construction commenced on or after the effective date of this article, including any improvements to such structure.
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
Person. Any natural person, firm, partnership, association, corporation.
Post-development floodplain. The portion of land adjacent to a stream which is anticipated to be covered with water during the one hundred (100) year, twenty-four (24) hour storm, based on a fully developed watershed, and calculated using the procedures of the Stormwater Manual.
Recreational vehicle. A vehicle that is:
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less, when measured at the largest horizontal projection;
(3) Designed to be self-propelled, or permanently towable to 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.
Regulatory flood. A flood of a magnitude having a one percent (1%) chance of occurring in any given year, and which, over a long period of time, can be expected to be equaled or exceeded, on the average, once every one hundred (100) years. The limits of the regulatory flood for a site shall be determined by reference to the elevations shown on the Federal Emergency Management Agency Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, or shall be the post-development floodplain. Base flood shall be synonymous with regulatory flood.
Regulatory flood protection elevation. The elevation of the lowest floor or the lowest opening of a structure which shall be two (2) feet or more above the water-surface elevation of the regulatory flood.
Special Flood Hazard Area. That land shown as the Special Flood Hazard Area (Zone A), including the channel, floodway and floodplain of the base flood, as shown on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, dated 1985 (and any revisions thereto including through a Letter of Map Amendment or a Letter of Map Revision) of the Federal Insurance Administration report (Such maps may hereafter be referred to as “FEMA maps”).
Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, 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 sidewalks; nor does it include excavation for a basement or footing, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of an accessory building.
Stream. Any river, creek or channel having well-defined banks, in which water flows for substantial periods of the year. Stream shall include all perennial streams shown as solid blue line, and intermittent streams shown as dashed blue line, on the U.S.G.S. 7.5-minute topographic maps. A channel that is not shown as a dashed or solid blue line on a U.S.G.S. map shall be considered a stream if it has a drainage area of at least one hundred (100) acres.
Substantial improvement. For a structure built prior to the enactment of this article, any repair, reconstruction or improvement of a structure taking place during a five (5) year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure either: (1) before the initial improvement or repair is started; or (2) if the structure has been damaged by any means and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a historic structure listed on the National Register of Historic Places, a State Inventory of Historic Places, or within a Historic Preservation Overlay (HP-O) District.
Vegetative buffer strip. An area adjoining the stream which shall be used to protect the stream from inappropriate activities by allowing no grading, filling, removal of vegetation, or other disturbance of the soil or ground cover, or the construction of principal or accessory buildings.
Watershed. The region or area which drains into a river, lake or stream. The total area included within a watershed will vary, depending on the drainage system being considered, but usually the total area above a given point on a stream, channel or lake that contributes runoff water to the stream or lake at that point is called a watershed.
(Ord. No. 1675, 2-28-05)