§ 152.04  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY BUILDING.  A building customarily incidental and subordinate to, and detached from, the principal building, and located on the same lot with such principal building. Garages, carports and storage sheds are common accessory buildings.
   ADDITION TO 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 fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is “new construction”.
   APPEAL.  A request for a review of the Building Official’s interpretation of any provision of this chapter or a request for a variance.
   AREA OF SHALLOW FLOODING.  A designated AO or VO Zone on a community’s Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where 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 flooding in any given year.
   BASE FLOOD.  The flood having a 1% chance of being equaled or exceeded in any given year.
   BASEMENT.  That portion of a building having its floor subgrade (below ground level) on all sides.
   BREAKAWAY WALL.  A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
   BUILDING.  Any structure built for support, shelter, or enclosure for any occupancy or storage.
   COASTAL HIGH HAZARD AREA.  The area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone VI-30, VE, or V.
   CRAWL SPACE BUILDING.  A non-basement building built to have the lowest floor elevated less than five feet above the average ground level by means of pilings, columns, posts, piers or solid foundation walls.
   CRITICAL FACILITY.  A structure or facility, specifically excluding sanitary sewer pump stations and motor fuel-dispensing facilities, but otherwise that:
      (1)   Produces, uses, or stores highly volatile, flammable, explosive, toxic and/or water-reactive materials;
      (2)   Is a hospital, nursing home, or housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood;
      (3)   Is a fire station, police station (primary station manned full time), vehicle and equipment storage facility, or emergency operations center that is needed for flood response activities before, during or after a flood; or
      (4)   Is a public or private utility facility that is vital to maintaining or restoring normal services to flooded areas before, during or after a flood.
   DESIGN FLOOD ELEVATION (DFE).  The elevation of the base flood plus one foot at any given location in the floodplain.
   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, excavating, drilling operations, or permanent storage of materials or equipment.
   ELEVATED BUILDING.  A non-basement building built to have the lowest floor elevated five feet or more above the average ground level by means of pilings, columns, posts or piers.
   EXISTING CONSTRUCTION.  Any structure for which the “start of construction” commenced before April 2, 1971.
   EXISTING 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 pads) is completed before the effective date of the floodplain management regulations adopted by a community (before April 2, 1971).
   EXPANSION TO AN EXISTING MANUFACTURED HOME PARK ORSUBDIVISION.  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 pads).
   FLOOD or FLOODING.  A general and temporary condition of partial or complete inundation of normally dry land areas from:
      (1)   The overflow of inland or tidal waters;
      (2)   The unusual and rapid accumulation or 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.
   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 72 hours) with floodwaters, without sustaining damage that requires more than low-cost cosmetic repair. Please refer to FEMA Technical Bulletin 2-93, “Flood-Resistant Materials for Buildings Located in Special Flood Hazard Areas in Accordance with the National Flood Insurance Program”. 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.
   FLOOR.  The top surface of an enclosed area in a building (including basement), for example, top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
   FUNCTIONALLY DEPENDENT FACILITY.  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. The term 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 a building.
   HISTORIC STRUCTURE.  Any structure that is:
      (1)   Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on 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; or
      (3)   Individually listed on the Town Inventory of Historic Places as contributing to the historical significance of the district, since the town is a Certified Local Government.
   LIMITED STORAGE.  An area used for storage, which is limited to that which is incidental and accessory to the principal use of the primary structure, and can withstand exposure to the elements with a low flood damage potential. Limited storage areas shall not be temperature controlled.
   LOWEST FLOOR.  The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for 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 enclosure is not built so as to render the structure in violation of other provisions of this chapter.
   MANUFACTURED HOME.  A building, 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. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
   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 is synonymous with National Geodetic Vertical Datum (NGVD) and when reference is made to MEAN SEA LEVEL it shall mean the NGVD.
   NATIONAL GEODETIC VERTICAL DATUM (NGVD).  The geodetic datum derived by the US Coast and Geodetic Survey (USCGS), which is now named the National Ocean Service (NOS), from an adjustment of the first order level nets of both the United States and Canada. Because sea levels have been rising in varying amounts with respect to location and time since 1929, the mean tide level and local mean sea level are now higher than the NGVD by varying amounts and conversions are necessary to correct for these differences.
   NEW CONSTRUCTION.  Any structure for which the “start of construction” commenced after April 2, 1971.  The term 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 pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
   NON-COMPLIANT BUILDING.  An existing building or structure that is not in compliance with the provisions of this chapter.
   NORTH AMERICAN VERTICAL DATUM (NAVD) OF 1988. Vertical control, as corrected in 1988, used as the reference datum on Flood Insurance Rate Maps.
   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 a temporary living quarters for recreational, camping, travel, or seasonal use.
   REPETITIVE LOSS.  Flood related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.
   SECTION 1316 OF THE NATIONAL FLOOD INSURANCE ACT OF 1968. The act provides that no new flood insurance shall be provided for any property found by the Federal Emergency Management Agency to have been declared by a state or local authority to be in violation of state or local ordinances.
   START OF CONSTRUCTION.  (For other than “new construction” or “substantial improvements” under the Coastal Barrier Resources Act (PL 97-348)) includes “substantial improvement”, and means the date the building permit was issued, provided the actual START OF CONSTRUCTION, repair, reconstruction, or improvement was within 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 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 building. 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.
   STRUCTURE.  A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.
   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.
   SUBSTANTIAL IMPROVEMENT.  Any combination of repairs, reconstruction, rehabilitation, addition or other improvement to a structure taking place during a period of ten years, the cumulative cost of which equals or exceeds 50% of the fair market value of the structure, either before the “start of construction” of the improvement, or if the structure has been damaged or is being restored, before the damage occurred. This term includes structures that have incurred “repetitive loss” or “substantial damage,” regardless of the actual work performed. Where more than one improvement is made over a ten-year period, the percentage value (that is, the value of the improvement expressed as a percentage of the value of the structure immediately before the improvement) of the most recent improvement shall be added to the percentage value of all other improvements made within ten years of the current improvement. If the cumulative percentage during the ten-year period equals or exceeds a total of 50%, then it shall be classified as a SUBSTANTIAL IMPROVEMENT.
   SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS or SUBDIVISIONS.  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 repair, reconstruction or improvement commenced.
   VARIANCE.  A grant of relief 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 flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(4) or (e)(5) is presumed to be in VIOLATION until such time as that documentation is provided.
(‘81 Code, § 152.02) (Ord. passed 3-5-84; Am. Ord. passed 6-11-91; Am. Ord. passed 12 17-91; Am. Ord. passed 5-19-92; Am. Ord. 00072, passed 1-9-01; Am. Ord. 04078, passed 1-11-05; Am. Ord. 07037, passed 6-12-07; Am. Ord. 07055, passed 9-11-07; Am. Ord. 18039, passed 6-14-18)