For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning.
ACCESSORY STRUCTURE. A structure which is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common URBAN ACCESSORY STRUCTURES. Pole barns, hay sheds and the like qualify as ACCESSORY STRUCTURES on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.
ADDITION (TO AN EXISTING BUILDING). An extension or increase in the floor area or height of a building or structure. ADDITIONS TO EXISTING BUILDINGS shall comply with the requirements for new construction regardless as to whether the addition is a substantial improvement or not. Where a firewall or load-bearing wall is provided between the addition and the existing building, the ADDITION shall be considered a separate building and must comply with the standards for new construction.
AGRICULTURAL STRUCTURE. A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying or raising of agricultural commodities, including the raising of livestock. AGRICULTURAL STRUCTURES are not exempt from the provisions of this chapter.
APPEAL. A request for a review of the local administrator’s interpretation of any provision of this chapter.
AREA OF SHALLOW FLOODING. A designated AO or VO Zone on a community’s flood insurance rate map (FIRM) with base flood depths of one foot to three feet where:
(1) A clearly defined channel does not exist;
(2) The path of flooding is unpredictable and indeterminate; and
(3) Velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of being equaled or exceeded in any given year.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASEMENT. Any enclosed area of a building which is below grade on all sides.
BUILDING. Any structure built for support, shelter or enclosure for any occupancy or storage.
COASTAL HIGH HAZARD AREA. An area of special flood hazard extending from offshore to the inland limit of the primary frontal dune along an open coast and any other area subject to velocity wave action from storms or seismic sources.
DEVELOPMENT. Any human-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, columns, piers or shear walls parallel to the flow of water.
EXISTING CONSTRUCTION. For the purpose of determining rates, means structures for which the start of construction commenced before the effective date of the FIRM, or before 1-1-1975, for FIRMs effective before that date.
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured 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 2-3-2003.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete slabs.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.
FLOOD-RESISTANT MATERIAL. Any building material capable of withstanding direct and prolonged contact (minimum of 72 hours) with flood waters without sustaining damage which requires more than low-cost cosmetic repair.
(1) The term
FLOOD-RESISTANT MATERIAL includes pressure-treated lumber or naturally decay-resistant lumber, which are acceptable flooring materials.
(2) The term
FLOOD-RESISTANT MATERIAL does not include:
(a) Any material which is water soluble or is not resistant to alkali or acid in water, including normal adhesives for above grade use;
(b) Sheet-type flooring coverings which restrict evaporation from below and materials which are impervious, but are dimensionally unstable are not acceptable materials; and/or
(c) Materials which absorb or retain water excessively after submergence.
(3) Please refer to Technical Bulletin 2-93, Flood-Resistant Materials for Buildings Located in Special Flood Hazard Areas in Accordance with the National Flood Insurance Program, document number FIA-TB-2, dated April 1993, and available from the Federal Emergency Management Agency. Class 4 and 5 materials, referenced therein, are acceptable
FLOOD-RESISTANT MATERIALS.
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.
FUNCTIONALLY DEPENDENT FACILITY.
(1) A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing facilities.
(2) The term
FUNCTIONALLY DEPENDENT FACILITY does not include long-term storage, manufacture, sales or service facilities.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure.
HISTORIC STRUCTURE.
(1) Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior (DOI)) 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 of the Interior to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified:
1. By an approved state program as determined by the Secretary of Interior; or
2. Directly by the Secretary of Interior in states without approved programs.
(2) Some structures or districts listed on the state or local inventories may not be
HISTORIC as cited in this definition, but have been included on the inventories because it was believed that the structures or districts have the potential for meeting the HISTORIC STRUCTURE criteria of the DOI. In order for these structures to meet National Flood Insurance Program (NFIP) historic structure criteria, it must be demonstrated and evidenced that the state department of archives and history has individually determined that the structure or district meets DOI historic structure criteria.
LIMITED STORAGE. An area used for storage and intended to be limited to incidental items which can withstand exposure to the elements and have low flood damage potential. Such an area must be of flood-resistant or breakaway material, void of utilities except for essential lighting and cannot be temperature controlled. If the area is located below the base flood elevation in an A, AE and an A1-A30 Zone, it must meet the requirements of § 20-63(E) of this chapter. If the area is located below the base flood elevation in an V, VE and an V1-V30 Zone, it must meet the requirements of § 20-96(I) of this chapter.
LOWEST FLOOR. The lowest floor of the lowest enclosed area. Any finished or flood-resistant enclosure, usable solely for the 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 an enclosure is not built so as to render the structure in violation of other provisions of this chapter.
MANUFACTURED HOME.
(1) A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.
(2) The term
MANUFACTURED HOME does not include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL. The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term MEAN SEA LEVEL is synonymous with National Geodetic Vertical Datum (NGVD).
NATIONAL GEODETIC VERTICAL DATUM (NGVD). As corrected in 1929, means the elevation reference points set by the National Geodetic Survey based on mean sea level.
NEW CONSTRUCTION. A structure for which the start of construction commenced after the effective date of the first floodplain management code, ordinance or standard based upon specific technical base flood elevation data which establishes the area of special flood hazard or a specific date. The term NEW CONSTRUCTION also includes any subsequent improvements to such structure.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured 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 slabs is completed on or after 2-3-2003.
NORTH AMERICAN VERTICAL DATUM (NAVD). The datum point established at Pointe-au-Pere on the St. Lawrence River, Quebec Province, Canada, based on the mass or density of the earth. The datum listed as the reference datum on flood insurance rate maps should be used for elevation certificate and flood-proofing certificate completion.
PRIMARY FRONTAL DUNE. A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and subject to erosion and overtopping from high tides and waves during coastal storms. The inland limit of the PRIMARY FRONTAL DUNE occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
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.
START OF CONSTRUCTION. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. Law No. 97-348), being 16 U.S.C. §§ 3501 et seq., includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition or improvement was within 180 days of the permit date.
(1) The term
ACTUAL START means the first placement of permanent construction of a structure, 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.
(2) The term “permanent construction” does not include:
(a) Land preparation, such as clearing, grading and filling;
(b) The installation of streets and walkways;
(c) Excavation for footings, piers or foundations, or the erection of temporary forms; or
(d) 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.
(3) The term
ACTUAL START OF CONSTRUCTION, for a substantial improvement, 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. A walled and roofed building, a manufactured home, including a gas or liquid storage tank, or other human-made facility or infrastructure that is principally above ground.
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. See SUBSTANTIAL IMPROVEMENT.
SUBSTANTIAL IMPROVEMENT. Any repair, 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.
(1) The term
SUBSTANTIAL IMPROVEMENT includes structures which have incurred substantial damage, regardless of the actual repair work performed.
(2) The term
SUBSTANTIAL IMPROVEMENT does not include, either:
(a) Any project of improvement to 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 (does not include Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq. compliance standards); or
(b) Any alteration of a historic structure; provided that, the alteration will not preclude the structure’s continued designation as a historic structure.
(3) Permits shall be cumulative for a period of five years. If the improvement project is conducted in phases, the total of all costs associated with each phase, beginning with the issuance of the first permit, shall be utilized to determine whether
SUBSTANTIAL IMPROVEMENT will occur.
SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
VARIANCE. The grant of relief from a term of this chapter.
(Ord. 102, passed 2-3-2003)