Unless specifically defined below, words and
phrases used in this chapter shall be interpreted so as to give this
chapter its most reasonable application.
As used in this chapter, the following terms
shall have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood that has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
[Added 3-1-2011 by Ord. No. 1-11]
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
[Added 3-1-2011 by Ord. No. 1-11]
Any area of the building having its floor below ground level
on all sides.
[Added 12-12-2000 by Ord. No. 9-00]
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.
[Amended 3-1-2011 by Ord. No. 1-11]
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
[Amended 3-1-2011 by Ord. No. 1-11]
Any man-made change to improved or unimproved real estate,
including construction, reconstruction, renovation, repair, expansion
or alteration of buildings or other structures; the placement of manufactured
homes; streets and other paving; utilities, filling, grading and excavation,
mining, dredging, drilling operations; storage of equipment or materials;
and the subdivision of land.
[Amended 7-22-1997 by Ord. No. 3-97]
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.
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the area of special flood hazards and the
risk premium zones applicable to the community.
[Added 3-1-2011 by Ord. No. 1-11]
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
[Added 3-1-2011 by Ord. No. 1-11]
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.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduces or eliminates flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
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.
[Added 7-22-1997 by Ord. No. 3-97; amended 3-1-2011 by Ord. No. 1-11]
Any structure that is:
[Added 12-12-2000 by Ord. No. 9-00]
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 listing on the National Register;
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;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood. Included would be
areas identified as floodway (FW), flood fringe (FF) and general floodplain
(FA).
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving a group
of two or more buildings or 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.
A subdivision of land.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for 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
nonelevation design requirements of this chapter.
[Added 7-22-1997 by Ord. No. 3-97; amended 12-12-2000 by Ord. No. 9-00]
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 attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
[Added 7-22-1997 by Ord. No. 3-97; amended 12-12-2000 by Ord. No. 9-00]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
[Added 3-1-2011 by Ord. No. 1-11]
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 or 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 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.
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 attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
[Amended 12-12-2000 by Ord. No. 9-00]
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
use.
Structures for which the start of construction commenced
on or after September 18, 1978, and includes any subsequent improvements
thereto.
[Added 12-12-2000 by Ord. No. 9-00]
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
downstream to the damage of life and property.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
not designed for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel or seasonal use.
[Added 7-22-1997 by Ord. No. 3-97]
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
[Added 3-1-2011 by Ord. No. 1-11]
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 all or a designated portion of a floodplain.
[Amended 3-1-2011 by Ord. No. 1-11]
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit. The "actual start" means either the first placement
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; 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 a building, whether or not that alteration affects the external
dimensions of the building.
[Added 3-1-2011 by Ord. No. 1-11]
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
[Amended 3-1-2011 by Ord. No. 1-11]
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other division
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 10 acres not involving
any new street or easement of access shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
[Added 7-22-1997 by Ord. No. 3-97]
A 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 the construction of the
improvement. The term includes structures which have incurred substantial
damage, regardless of the actual repair work performed. This does
not, however, include either:
[Added 7-22-1997 by Ord. No. 3-97]
Any project for improvement of 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 assure
safe living conditions; or
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
The failure of a structure or other development to be fully
compliant with the community’s floodplain management regulations.
A structure or other development with the elevation certificate, other
certifications, or other evidence of compliance required in § 60.3(b)(5),
(c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)[1] is presumed to be in violation until such time as that
documentation is provided.
[Added 3-1-2011 by Ord. No. 1-11]
[1]
Editor's Note: So in original.
