§ 7B-1. Definitions.
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.
"Appeal" means a request for a review of the chief building official's interpretation of any provision of this chapter or a request for a variance.
"Area of shallow flooding" means a designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot (1') to three feet (3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.
"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
"Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is so designed as to breakaway under abnormally high tides or wave action without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters.
"Coastal high hazard area" is the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone VE.
"Development" means 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 or storage of equipment or materials, located within the area of special flood hazard.
"Existing mobilehome park or mobilehome subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more mobilehome lots for rent or sale for which the construction of facilities for servicing the lot on which the mobilehome is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of the ordinance codified in this chapter.
"Expansion to an existing mobilehome park or mobilehome subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobilehomes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).
"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 or tidal waters; and/or
(b)
The unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated the areas of flood hazards, floodways and/or the risk premium zones applicable to the community.
"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood.
"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved property, water and sanitary facilities, structures and their contents.
"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 elevations more than one foot (1′).
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
(a)
Listed individually in the National Register or 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;
(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 or 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 the Secretary of the Interior, or
(2)
Directly by the Secretary of the Interior in states without approved programs.
"Lowest floor" means 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 the applicable nonelevation design requirements of this chapter.
"Manufactured home" means a structure that is transportable in one (1) or more sections, built on a permanent chassis, or designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the national geodetic vertical datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a communities flood insurance rate map are referenced.
"New construction" means, for the purpose of determining insurance rates, structures for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter and includes any subsequent improvements to such structures.
"New manufactured home park or manufactured home subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of the ordinance codified in this chapter.
"Ready for highway use" describes a vehicle that is on its wheels or jacking system, is attached to a site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
"Recreational vehicle" means a vehicle that 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 temporary living quarters for recreational, camping, travel, or seasonal use.
Recreational vehicles are considered dwelling structures for the purposes of implementing this chapter.
"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
"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 one hundred eighty (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 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.
"Structure" means a walled and roofed building or mobilehome that is principally above ground.
"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 fifty percent (50%) of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds forty percent (40%) for residential structures and fifty percent (50%) for nonresidential structures of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the value or actual cost of repair work performed. Any combination of damage repair and improvement to the structure where the cost to repair the damage and construct the improvement equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement shall be considered substantial improvement.
The term does not, however, include:
(a)
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;
(b)
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure;
(c)
Construction costs necessary to comply with federally mandated requirements, including, but not limited to, requirements for handicap access for public and commercial buildings.
The value of any work excluding damage repair to be performed under a building permit issued after January 1, 1994, shall be compared to the market value of the structure at the time of permit application to calculate the percentage of the work under the permit. This percentage figure shall be added to any successive building permits that may be issued within a subsequent three (3) year period. If the combined percentage of the work performed under the building permit or permits totals forty percent (40%) or more for residential structures and fifty percent (50%) or more for nonresidential structures, this work shall constitute a substantial improvement.
"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development shall be presumed to be in violation until the elevation certificate, other certifications, and all other evidence of compliance is provided.
(Ord. No. 5700 § 1, 2007; Ord. No. 5008 § 1, 1997; Ord. No. 4887 §§ 1, 2 and 3 (part), 1995; Ord. No. 4852 §§ 2, 3, 1995; Ord. No. 4127 § 1, 1990: Ord. No. 3575 § 1, 1986.)