For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASE FLOOD. The flood having 1% chance of being equaled or exceeded in any given year. (See 100-YEAR FLOOD.)
BASEMENT. Any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see LOWEST FLOOR.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, building 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.
EXISTING CONSTRUCTION. Any structure for which the “start of construction” commenced before the effective date of the first floodplain management regulations adopted by the community.
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 completed before the effective date of the first floodplain management regulations adopted by the 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. 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 chapter, FACTORY-BUILT HOMES include mobile homes, manufactured homes and modular homes; and also include “recreational vehicles” which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.
FACTORY-BUILT HOME PARK. A parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.
FLOOD ELEVATION. The elevation flood waters would reach at a particular site during the occurrence of a specific flood. For instance, the 100-YEAR FLOOD ELEVATION is the elevation of flood waters related to the occurrence of the 100-year flood.
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.
FLOODPLAIN. Any land area susceptible to being inundated by water as a result of a flood.
FLOODPLAIN MANAGEMENT. An overall program of corrective and preventive measures for reducing flood damages and promoting wise use of floodplains, including, but not limited to, emergency preparedness plans, flood-control works, flood-proofing and floodplain management regulations.
FLOOD-PROOFING. Any combination of structural and non-structural additions, changes or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures.
FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot.
FLOODWAY FRINGE. Those portions of the floodplain, other than the floodway, which can be filled or leveed or otherwise obstructed without causing substantially higher flood levels or flow velocities.
HISTORIC STRUCTURE. Any structure that is:
(1) Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of 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 by either:
(a) 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.
(1) The floor of the lowest enclosed area in a building including a basement, except when all the following criteria are met:
(a) The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of § 152.30 of this chapter;
(b) The enclosed area is unfinished (not carpeted, drywalled and the like) and used solely for low damage potential uses such as building access, parking or storage;
(c) Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot above the 100-year flood level; and
(d) The enclosed area is not a “basement”, as defined in this section.
(2) In cases where the lowest enclosed area satisfies criteria in divisions (1)(a), (1)(b), (1)(c) and (1)(d) above, the LOWEST FLOOR is the floor of the next highest enclosed area that does not satisfy the criteria above.
MINOR PROJECTS. Small development activities (except for filling, grading and excavating) valued at less than $500.
NEW CONSTRUCTION. (For new buildings, factory-built home parks.) Those structures or development for which the start of construction commenced on or after the effective date of the first floodplain management regulations adopted by the 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 effective date of the first floodplain management regulations adopted by the community and includes any subsequent improvements to such structures.
ONE HUNDRED (100) YEAR FLOOD. A flood, the magnitude of which has a 1% chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded a least once every 100 years.
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 pennanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling, but as a 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 trigger a building permit; provided, they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include:
(1) Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing
siding;
(2) Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;
(3) Basement sealing;
(4) Repairing or replacing damaged or broken window panes; and
(5) 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 100-year flood. This land is identified as Zone A on the community’s Flood Insurance Rate Map.
START OF CONSTRUCTION. Includes substantial improvement, and means the date the development permit was issued; provided, the ACTUAL START of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement, was within 180 days of the permit date. The ACTUAL START means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, 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 the building, whether or not that 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 and other similar uses.
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 improvement to a structure which satisfies either of the following criteria:
(1) (a) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
1. Before the “start of construction” of the improvement; or
2. If the structure has been “substantially damaged” and is being restored, before the damage occurred.
(b) The term does not, however, include 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. The term also does not include any alteration of a “historic structure”; provided, the alteration will not preclude the structure’s designation as an “historic structure”.
(2) Any addition which increases the original floor area of a building by 25% or more. All additions constructed after on or after 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 25%.
VARIANCE. A grant of relief by a community from the terms of the floodplain management regulations.
VIOLATION. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations.
(Ord. 33, passed 3-30-2017)