Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. (See definition of 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 definition of Lowest Floor.
DEVELOPMENT: Any manmade 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.
EXISTING CONSTRUCTION: Any structure for which the "start of construction" commenced before the effective date of the community's flood insurance rate map; may also be referred to as "existing structure".
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 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 includes "recreational vehicles" which are placed on a site for greater than one hundred eighty (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 (2) 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 floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of floodwaters 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 the wise use of floodplains, including, but not limited to, emergency preparedness plans, flood control works, floodproofing and floodplain management regulations.
FLOODPROOFING: Any combination of structural and nonstructural 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 floodwaters 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 (1').
FLOODWAY FRINGE: Those portions of the floodplain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities.
HISTORIC STRUCTURE: Any structure that is:
A. 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;
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 by either: 1) 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.
LOWEST FLOOR: 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 subsection 12-1-10D1 of this chapter; and
B. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and
C. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot (1') above the 100-year flood level; and
D. The enclosed area is not a "basement" as defined in this section.
In cases where the lowest enclosed area satisfies subsections A, B, C, and D of this definition, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above.
NEW CONSTRUCTION (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 flood insurance rate map.
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 floodplain management regulations adopted by the community.
100-YEAR FLOOD: A flood, the magnitude of which has a one percent (1%) chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100) years.
RECREATIONAL VEHICLE: A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
SPECIAL FLOOD HAZARD AREA: The land within a community subject to the "100-year flood". This land is identified as zone A, AE, A1-A30, AO and AH 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 one hundred eighty (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 fifty percent (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:
A. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (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. The term does not, however, include 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 conditions for the existing use. The term also does not include any alteration of a "historic structure", provided the alteration will not preclude the structure's designation as a "historic structure".
B. Any addition which increases the original floor area of a building by twenty five percent (25%) or more. All additions constructed after August 20, 2002, shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty five percent (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. 2002-104, 8-27-2002)
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