Appurtenant Structure
A structure which is on the same parcel or property as the principal structure and the use of which is incidental to the use of the principal structure.
Base Flood
The flood, which has been selected to serve as the basis upon which the floodplain management provision of this article and other ordinances have been prepared; for purposes of this article, the one hundred (100) year flood.
Basement
Any area of the building having its floor sub-grade (below ground level) on all sides. (This definition does not include an enclosed area where one or more sides are "walk outs " or are not sub-grade.)
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, excavation or drilling operations or storage of equipment or materials.
Existing Manufactured Home and Park or Subdivision
A manufactured home park or subdivision for which the construction of facilities for servicing the lot on the manufactured homes 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 original ordinance dated January 6, 2004.
Expansion To An Existing Manufactured Home Park or Subdivision
The preparation of additional sites by the construction of facilities for servicing the lot 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
A general and temporary inundation of normally dry land areas.
Floodplain
(a) A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation;
(b) An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
Floodway
The channel of a river or other watercourse and the adjacent land area that must be reserved to discharge the base flood without increasing the water surface elevation of that flood more than one foot at any point.
Floodproofing
Any combination of structural and non-structural 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.
Freeboard
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for unknown factors that may contribute uncertainly to flood heights of any given flood and floodway condition, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
Historic Structure
Any structure that is:
(a) Listed individually in the National Register of Historic Places ( a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings 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 Secretary of the Interior; or,
(2) Directly by the Secretary of the Interior in states without approved programs.
Licensed Manufactured Home Dealer
A business licensed to sell Manufactured Homes in the State of West Virginia as set forth in Article 21-9 of the West Virginia State Code.
Licensed Manufactured Home Installer
A contractor licensed to install Manufactured Homes in West Virginia as set forth in Article 21-9 of the West Virginia State Code.
Licensed Professional Surveyor
Any person licensed by the West Virginia State Board of Examiners of Land Surveyors to engage in the practice of land surveying as defined in West Virginia State Code Chapter 30, Article 13a.
Lowest Floor
The lowest floor of the lowest enclosed area (including basement). An enclosure constructed with flood resistant materials, such as those listed in the FEMA Technical Bulletin 2-93 (FIA-TB-2) and 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 the applicable non-evaluation design requirements of this article.
Manufactured Home
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. 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.
New Construction
Structures for which the Start of Construction as herein defined commenced on or after the effective date of the original ordinance dated June 6, 2000 and include any subsequent improvements to such structures.
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 the original ordinance date June 6, 2000.
One Hundred (100) Year Flood
A flood that as one chance in one hundred or a percent chance of being equaled or exceeded in any given year.
Person
Any individual or group of individuals, corporation, partnership, association or other entity, including State and local governments and agencies.
Practice of Engineering
Any service or creative work, as described in West Virginia State Code at Chapter 30, Article 13, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems; planning the use of land and water; teaching of advanced engineering subjects, engineering surveys and studies; and the review of construction for the purpose of assuring compliance with drawings and specification any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. Engineering surveys include all survey activities required to support the sound conception, planning, design, construction, maintenance and operation of engineered projects.
Any person who practices any branch of the profession of engineering or who, by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself or herself to be a registered professional engineer, or by using another title implies that he or she is a registered professional engineer or that he or she is registered under West Virginia State Code, Chapter 30, Article 13 or who holds himself or herself out as able to perform, or who performs any engineering service or work or any other service designated by the practitioner which is recognized as engineering, is considered to practice or offer to practice engineering within the meaning and intent of West Virginia State Code Chapter 30, Article 13.
Principally Above Ground
Where at least 51 percent of the actual cash value of a structure, less land value, is above ground.
Recreational Vehicle
A vehicle which is:
(a) Built on a single chassis;
(b) 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 temporary living quarters for recreational, camping, travel or seasonal use.
Registered professional engineer
A person who has been duly registered or licensed as a registered professional engineer by the West Virginia State Board of Registration for Professional Engineers as required under West Virginia State Code Chapter 30, Article 13 et seq.
Remedy a Violation
To bring a structure or other development into compliance with the requirements of this article or, if full compliance is not possible, to reduce the adverse impacts of the nocompliance to the maximum extent practical.
Start of Construction *
For other than new construction or substantial improvements under the Coastal Barrier Resources Act, (Pub Law 97-348), includes substantial improvements, and means the date the building 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 improvement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the 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; excavation for basement footings, piers, or foundation 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 building whether or not that alteration affects the external dimensions of the building.
* The definition for start of construction is not to imply that a permit need not be obtained prior to any of these activities. This definition is to be used when calculating the starting time of the 6-month expiration of a permit.
State Coordinating Office
The West Virginia Office of Emergency Services.
Structure
A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as manufactured home.
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 percent of the market value of the structure before the damage occurred.
Substantial Improvement
Any repair, reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the Start of Construction of the improvement. This term included structures, which have incurred "substantial damage", as defined herein, regardless of the actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violation of state or local health, sanitary or safety code specifications which are the minimum necessary to assure safe living conditions or
(b) Any alteration of a "historic structure", provided that the alteration will not prelude the structures continued designation as a "historic structure".
Violation
The failure of any structure or development to be fully compliant with all requirements of this article. (1-6-04; 4-21-15.)
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