(a) In General. Unless specifically defined below, words and terms used in this chapter shall be interpreted so as to give the word or term its most reasonable application.
(b) Specific Definitions. As used in this chapter, the following words and terms shall have the meanings respectively ascribed to them:
(1) Accessory use or structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
(2) Basement - any area of the building having its floor below ground level on all sides.
(3) Building - a combination of materials to form a permanent structure having walls and a roof Included shall be all manufactured homes and trailers to be used for human habitation.
(4) Completely dry space - a space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
(5) Construction - the construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.
(6) Development - any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the subdivision of land, the placement of manufactured homes, streets and other paving, utilities, and filling, grading, excavation, mining, dredging or drilling operations.
(7) Essentially dry space - a space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
(8) Flood - a temporary inundation of normally dry land areas.
(9) Flood-prone area - a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse, and/or any area subject to the unusual and rapid accumulation of surface waters from any source. It includes any areas inundated by the 100-year flood. It includes areas identified as Floodway (FW), Flood Fringe (FF), Special Flood Plain (FE) and General Flood Plain (FA).(10) Floodproofing - means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
(11) Floodway - the designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.
(12) 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.
(13) Land development -
A. The improvements of one lot, or two or more contiguous lots, tracts or parcels of land for any purpose involving:
1. A group of two or more buildings; or
2. The division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features; and/or
B. A subdivision of land.
(14) Lowest Floor - the lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for the parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this Chapter.
(15) Manufactured home - a transportable, single-family dwelling intended for a permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days. The term includes manufactured homes when used in this chapter.
(16) Manufactured home park - a parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use. The term includes manufactured home park when used in this chapter.
(17) Minor repair - the replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements, nor shall minor repairs include addition to, alteration of, replacement of, or relocation of, any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
(18) New construction - structures for which the start of construction commenced on or after September 22, 1978 and includes any subsequent improvements thereto.
(19) Obstruction - any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across, or projecting into, any channel, watercourse or flood-prone 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 which is placed where the flow of the water might carry the same down stream to the damage of like and property.
(20) One hundred (100)-year flood - a flood that, on the average, is likely to occur once every 100 years (i.e. that has one percent chance of occurring each year, although the flood may occur in any year).
(21) Person - any individual, partnership, business or corporation.
(22) Recreational vehicle - a vehicle which is (i) built on a single chassis; (ii) not more than 400 square feet, measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; (iv) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(23) Regulatory flood elevation - the 100-year flood elevation plus a freeboard safety factor of one and one-half feet.
(24) Special permit - a special approval which is required for hospitals, nursing homes, jails and new manufactured home parks and subdivisions, and substantial improvements to such existing parks, when such development is located in a floodplain or in a designated portion of a floodplain.
(25) Structure - anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, manufactured homes and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.
(26) Subdivision - the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, transfer of ownership, or building, or lot development, provided, however, that the division of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access, shall be exempted.
(27) Substantial damage - damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent or more of the market value of the structure before the damage occurred.
(28) Substantial improvement - any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:
A. Before the improvement or repair is started; or
B. If the structure has been damaged, and is being restored, before the damage occurred.
(Ord. 79-6. Passed 8-20-79; Ord. 92-16. Passed 9-21-92; Ord. 92-17. Passed 12-21-92; Ord. 2009-04. Passed 10-19-09.)