Skip to main content
Loading…
This section is included in your selections.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(1) “Appeal” means a request for a review of the building inspector’s interpretation of any portion of this chapter or request for a variance.

(2) “Area of shallow flooding” means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicated ponding.

(3) “Area of special flood hazard” means the land in the flood plain within a community subject to one percent or greater chance of flooding in any given year. Designation on maps always includes letters A or V.

(4) “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100 year flood.” Designations on maps always includes the letters A or V.

(5) “Basement” means any area of the building have its floor subgrade (below ground level) on all sides.

(6) “Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use, or store hazardous materials or hazardous waste.

(7) “Development” means any man-made change to improved or unimproved real estate, including but not limited to buildings and other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

(8) “Elevated building” means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings or columns.

(9) “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which construction of facilities for servicing the lots 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) as completed before the effective date of the adopted flood plain management regulations.

(10) “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacture 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).

(11) “Flood” or “Flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) the overflow of inland waters;

(b) the unusual and rapid accumulation of run-off of surface waters from any source.

(12) “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(13) “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation more than one foot.

(14) “Floodway” means 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.

(15) “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for vehicle parking, building access or storage, in an area other than a basement, is not considered a building’s lowest floor, provided, such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

(16) “Manufactured home” means 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. For flood plain management purposes, the term “manufactured home” also includes travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term “manufactured home” does not include travel trailers and other similar vehicles.

(17) “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(18) “New construction” means structures for which the “start of construction” commenced on or after the date of this chapter.

(19) “New manufactured home park or subdivision” means 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 adopted flood plain management regulations.

(20) “Recreation vehicle” means a vehicle which is:

built on a single chassis

400 sq. feet or less when measured at the largest horizontal projection

Designed to be self-propelled or permanently towable by a light duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreation, camping, travel, or seasonal use.

(21) “Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. 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 state 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; not does it include excavation of a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such a garages or sheds not occupied as dwelling units or not part of the main structure.

(22) “Structure” means a walled and roofed building including a gas or liquid storage tank that is principally above ground.

(23) “Substantial damage” means 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 fair market value of the structure before the damaged occurred.

(24) “Substantial improvement” means any repair, reconstruction, or improvements of a structure, the cost of which equals or exceeds 50 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. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not include either of the following:

(c) Any project for improvement of a structure to comply with existing 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;

(d) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

(25) “Variance” means a grant of relief from the requirements of this chapter which permits constructions in a manner that would otherwise be prohibited by this chapter.

(26) “Water dependent” means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operation. (Ord. 289-N, §1, 2002; Ord. 171-N, §1, 1988; Ord. 159-N, §2, 1987)