§ 153.020  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.
   ACCESSORY STRUCTURE OR APPURTENANT STRUCTURE.  A structure located on the same parcel of property as the principal structure, and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.
   ADDITION (TO AN EXISTING BUILDING).  An extension or increase in the floor area or height of a building or structure.
   APPEAL.  A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter.
   AREA OF SPECIAL FLOOD HAZARD.  Refer to SPECIAL FLOOD HAZARD AREA (SFHA).
   BASE FLOOD.  The flood having a 1% chance of being equaled or exceeded in any given year. Otherwise known as the 100-year flood.
   BASE FLOOD ELEVATION (BFE).  A determination of the water surface elevations of the base flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a federal, state, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the freeboard, establishes the regulatory flood protection elevation.
   BASEMENT.  Any area of the building having its floor subgrade (below ground level) on all sides.
   BUILDING.  Refer to STRUCTURE.
   CHEMICAL STORAGE FACILITY.  A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.
   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.
   DISPOSAL.  As defined in G.S. § 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste, or any constituent part of the solid waste, may enter the environment, be emitted into the air, or discharged into any waters, including groundwaters.
   ELEVATED BUILDING.  A non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
   ENCROACHMENT.  The advance or infringement of uses, fill, excavation, buildings, structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
   EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME 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) was completed before the initial effective date of the floodplain management regulations adopted by the community.
   FLOOD or FLOODING.  A general and temporary condition of partial or complete inundation of normally dry land areas from:
      (1)   The overflow of inland or tidal waters; and/or
      (2)   The unusual and rapid accumulation of runoff of surface waters from any source.
   FLOOD INSURANCE.  The insurance coverage provided under the National Flood Insurance Program.
   FLOOD INSURANCE RATE MAP (FIRM).  An official map of a community, issued by the Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.
   FLOOD INSURANCE STUDY (FIS).  An examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs).
   FLOOD ZONE.  A geographical area shown on a Flood Insurance Rate Map that reflects the severity or type of flooding in the area.
   FLOOD-PRONE AREA.  Refer to FLOODPLAIN.
   FLOODPLAIN.  Any land area susceptible to being inundated by water from any source.
   FLOODPLAIN ADMINISTRATOR. The individual appointed to administer and enforce the floodplain management regulations.
   FLOODPLAIN DEVELOPMENT PERMIT.  Any type of permit that is required in conformance with the provisions of this chapter, prior to the commencement of any development activity.
   FLOODPLAIN MANAGEMENT.  The operation of an overall program of corrective and preventive measures for reducing flood damage, and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
   FLOODPLAIN MANAGEMENT REGULATIONS.  This chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
   FLOODPROOFING.  Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property,
water and sanitation facilities, structures, and their contents. Floodproofing of structures is not permitted within the jurisdiction of Chimney Rock Village.
   FLOODWAY.  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 by more than 1.0 foot.
   FREEBOARD.  The height added to the base flood elevation to account for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The base flood elevation plus the freeboard establishes the regulatory flood protection elevation.
   FUNCTIONALLY DEPENDENT FACILITY.  A facility that cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.
   HAZARDOUS WASTE MANAGEMENT FACILITY.  As defined in G.S. 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.
   HIGHEST ADJACENT GRADE (HAG).  The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.
   HISTORIC STRUCTURE.  Any structure that is:
      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register,
      (2)   Certified or preliminarily determined by the Secretary of 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;
      (3)   Individually listed on a local inventory of historic landmarks in communities with a Certified Local Government (CLG) Program; or
      (4)   Certified as contributing to the historical significance of a historic district designated by a community with a Certified Local Government (CLG) Program.
Certified Local Government (CLG) Programs are approved by the US Department of the Interior, in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer, as having met the requirements of the National Historic Preservation Act of 1966, as amended in 1980.
   LOWEST ADJACENT GRADE (LAG).  The elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.
   LOWEST FLOOR.  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 limited storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. Please refer to the definition of REFERENCE LEVEL.
   MANUFACTURED HOME.  A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used 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 2 or more manufactured home lots for rent or sale.
   MARKET VALUE.  The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.
   MEAN SEA LEVEL.  For purposes of this chapter, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which base flood elevations shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.
   NEW CONSTRUCTION.  Structures for which the start of construction commenced on or after the effective date of the initial floodplain management regulations, and includes any subsequent improvements to such structures.
   NON-ENCROACHMENT AREA.  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 by more than 1 foot, as designated in the Flood Insurance Study report.
   POST-FIRM.  Construction or other development for which the start of construction occurred on or after the effective date of the initial Flood Insurance Rate Map.
   PRE-FIRM.  Construction or other development for which the start of construction occurred before the effective date of the initial Flood Insurance Rate Map.
   PRINCIPALLY ABOVE GROUND.  At least 51% of the actual cash value of the structure is above ground.
   PUBLIC NUISANCE and/or NUISANCE.  Anything injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or that unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
   RECREATIONAL VEHICLE (RV).  A vehicle that is:
      (1)   Built on a single chassis;
      (2)   Four hundred square feet or less, when measured at the largest horizontal projection;
      (3)   Designed to be self-propelled or permanently towable by a light duty truck; and
      (4)   Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.
   REFERENCE LEVEL.  The bottom of the lowest horizontal structural member of the lowest floor for structures within all Special Flood Hazard Areas. In order for a new or substantially improved structure to be in compliance with this chapter, the REFERENCE LEVEL shall be at or above the regulatory flood protection elevation.
   REGULATORY FLOOD PROTECTION ELEVATION.  The base flood elevation plus the freeboard. In Special Flood Hazard Areas where base flood elevations have been determined, this elevation shall be the BFE plus 2.0 feet of freeboard. In Special Flood Hazard Areas where no BFE has been established, this elevation shall be at least 2.0 feet above the highest adjacent grade.
   REMEDY A VIOLATION.  To bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the chapter, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
   RIVERINE.  Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.
   SALVAGE YARD.  Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, including but not limited to, vehicles, appliances and related machinery.
   SOLID WASTE DISPOSAL FACILITY.  Any facility involved in the disposal of solid waste, as defined in G.S. § 130A-290(a)(35).
   SOLID WASTE DISPOSAL SITE.  As defined in G.S. § 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.
   SPECIAL FLOOD HAZARD AREA (SFHA).  The land in the floodplain subject to a 1% or greater chance of being flooded in any given year, as determined in § 153.022 of this chapter.
   START OF CONSTRUCTION.  Includes substantial improvement, 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 OF CONSTRUCTION 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 the building, whether or not that alteration affects the external dimensions of the building.
   STRUCTURE.  A walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground.
   SUBSTANTIAL DAMAGE.  Damage of any origin sustained by a structure during any one-year period, whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. Refer to the definition of SUBSTANTIAL IMPROVEMENT. SUBSTANTIAL DAMAGE also means flood-related damage sustained by a structure, for the more restrictive of either:
      (1)   On 2 separate occasions during a 10-year period, for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred; or
      (2)   On a single occasion where the structure in inundated with 4.0 feet or greater of flood water above the lowest finished floor.
   SUBSTANTIAL IMPROVEMENT.  Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, including structures that have incurred substantial damage, regardless of the actual repair work performed, taking place during the life of the structure, for the more restrictive of either:
      (1)   The increase of total area under roof by more than 35%; or
      (2)   The cost or the improvements equals or exceeds 50% of the market value of the structure before the start of construction of the improvement.
The term does not include either:
      (1)   Any correction of existing violations of state or community health, sanitary, or safety code specifications that have been identified by the community code enforcement official, and that are the minimum necessary to assure safe living conditions; or
      (2)   Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
   TEMPORARY STRUCTURE.  A structure whose planned use on a parcel is generally less than 3 months.
   VARIANCE.  A grant of relief from the requirements of this chapter.
   VIOLATION.  The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in §§ 153.040et seq. and §§ 153.065et seq. is presumed to be in violation until such time as that documentation is provided.
   WATER SURFACE ELEVATION (WSEL).  The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
   WATERCOURSE.  A lake, river, creek, stream, wash, channel or other topographic feature, on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.
(Ord. passed 10-16-2007; Am. Ord. passed 4-15-2008)