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. Structures which are 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). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter load-bearing walls is new construction.
APPEAL. A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance.
BASEMENT. The lowest level or story of a building which has its floor subgrade on all sides.
BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. A BREAKAWAY WALL shall have a design safe-loading resistance of not less than ten and no more than 20 pounds per square foot. A wall with a loading resistance of more than 20 pounds per square foot requires an architect's or professional engineer's certificate.
BUILDING. Any structure built for support, shelter or enclosure for any occupancy or storage.
COMMUNITY BASE FLOOD. The flood, determined using future land use conditions, having a 1% chance of being equaled or exceeded in any given year.
COMMUNITY BASE FLOOD ELEVATION. The water surface elevation shown on the Flood Insurance Rate Map Flood Hazard Data Table and in the Flood Insurance Study, having a 1% chance of being equaled or exceeded in any given year, determined using future land use conditions.
COMMUNITY CONDITIONAL LETTER OF MAP REVISIONS (CoCLOMR). A letter from the Floodplain Administrator that provides conditional approval of a study that proposes to change the location of the community encroachment lines, and/or the location of the community flood fringe line and/or community base flood elevations.
COMMUNITY ENCROACHMENT AREA. The channel of a stream or other watercourse and the adjacent land areas that must be reserved in order to discharge the FEMA base flood without
cumulatively increasing the water surface elevation more than 0.1 foot (see Appendix A following this chapter).
COMMUNITY ENCROACHMENT LINES. Lateral limits of the community encroachment area, within which, in the direction of the stream or other body of water, no structure or fill may be added, unless specifically permitted by this chapter (see Appendix A following this chapter).
COMMUNITY FLOOD FRINGE AREA. The land area located between the community encroachment line and the community flood fringe line as defined herein (see Appendix A following this chapter).
COMMUNITY FLOOD FRINGE LINE. This is the line that depicts the outer limits of the community flood fringe area (outer limits of the community special flood hazard area).
COMMUNITY LETTER OF MAP REVISION (CoLOMR). A letter from the Floodplain Administrator that provides final approval of a study, based on as-built conditions, that changes the location of the community encroachment lines and/or the community flood fringe lines.
COMMUNITY SPECIAL FLOOD HAZARD AREA. This is the land subject to a 1% or greater chance of flooding in any given year from a community base flood. It includes the FEMA floodway, community encroachment area, FEMA flood fringe area and the community flood fringe area (see Appendix A following this chapter).
CONDITIONAL LETTER OF MAP REVISION (CLOMR). FEMA's comments on whether a project, if built as proposed, would meet the minimum NFIP standards.
CRITICAL FACILITY. Building uses including, hospitals, schools, day care facilities, nursing homes/assisted living centers, police/fire/medic facilities and other uses determined by the Administrator.
DEVELOPMENT. Any human-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.
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 or be emitted into the air or discharged into any waters, including groundwaters.
DRY PUBLIC STREET. A public street at the intersection of an existing or proposed driveway where the surface of the pavement is at an elevation above the community base flood elevation.
DRYLAND ACCESS. A gravel, paved or concrete access route, at least 12 feet wide, which is above the community base flood elevation and connects a habitable building to a dry public street.
EFFECTIVE DATE. The date Flood Insurance Rate Maps and Flood Insurance Studies for a community are officially approved by FEMA and are to be used for local regulation and for compliance with NFIP sanctions.
ELEVATED BUILDING. A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls.
ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Building renovations contained within the existing building footprint area are not considered an encroachment.
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured home 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 this chapter.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of the additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and with final site grading or the pouring of concrete slabs.
FEMA. The Federal Emergency Management Agency.
FEMA BASE FLOOD. The flood, determined using land use conditions as of July 1999 having a 1% chance of being equaled or exceeded in any given year.
FEMA BASE FLOOD ELEVATION (BFE). The water surface elevation shown on the Flood Insurance Rate Map and the Flood Insurance Study having a a 1% chance of equaling or exceeding that level in any given year determined using land use conditions present at the time of the study
FEMA FLOOD FRINGE AREA. The land area located between the FEMA floodway encroachment lines and the line depicting the maximum elevation subject to inundation by the FEMA base flood as defined herein (for illustration see Attachment A of Ord. 2009-03, which is hereby adopted by reference as if set out in full herein).
FEMA FLOOD FRINGE LINE. The line on a map that depicts the outer limits of the FEMA flood
fringe area.
FEMA FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the FEMA base flood, without cumulatively increasing the water surface elevation more than 0.5 feet.
FEMA FLOODWAY LINES. The lateral limits of the FEMA Floodway (see Attachment A of Ord. 2009-03, which is hereby adopted by reference as if set out in full herein).
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
(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, in both digital and printed format, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. The date of the town's original FIRM is March 18, 1987 and this date should be used to determine whether a structure is pre-FIRM or post-FIRM.
FLOOD INSURANCE STUDY. An examination, evaluation and determination of special flood hazard areas, corresponding water surface elevations, flood insurance risk zones and other flood data in a community. The study includes a Flood Insurance Study report and/or Flood Insurance Rate Map (FIRM).
FLOOD PROTECTION ELEVATION. The elevation to which all structures located within the community special flood hazard area must be elevated (or floodproofed if nonresidential). Within areas where base flood elevations (BFEs) have been determined, this elevation shall be the community base flood elevation plus one foot of freeboard. In areas where no BFE has been established, all structures and other development must be elevated (or floodproofed if nonresidential) to two feet above the highest adjacent grade.
FLOODPLAIN. The land subject to inundation by the community base flood and is encompassed by the community special flood hazard area.
FLOODPLAIN ADMINISTRATOR (or ADMINISTRATOR). The person, agent or his or her designees appointed to administer, implement and enforce the provisions of this chapter.
FLOODPLAIN DEVELOPMENT PERMIT. Either an individual floodplain development permit or a general floodplain development permit issued for development in the floodplain per the requirements of § 152.041.
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.
FLOODPLAIN REGULATIONS TECHNICAL GUIDANCE DOCUMENT. A document developed by Charlotte-Mecklenburg Storm Water Services Staff to more clearly explain the application of the provisions of this chapter, specifically the floodplain development permit provisions, through the use of charts and related written materials. The Technical Guidance Document shall not be a part of this chapter, and shall be solely for illustrative and educational purposes. If there is any discrepancy between the Technical Guidance Document and this chapter, the provisions of this chapter shall control.
FLOODPROOFING. Any combination of structural and nonstructural additions, changes or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents.
FLOOD PROTECTION ELEVATION. The elevation to which all structures located within the Community Special Flood Hazard Area or FEMA Special Flood Hazard Area must be elevated (or floodproofed if nonresidential). This elevation is the Community Base Flood Elevation plus one foot of freeboard.
FLOODWALL. A wall built along a shore or bank to protect an area from flooding.
FLOODWAY. Either the FEMA floodway or the community encroachment area.
FLOOD ZONE. A geographical area shown on a Flood Insurance Rate Map that reflects the severity or type of flooding in the area.
FLOOR. See definition of LOWEST FLOOR.
FREEBOARD. The height added to the base flood elevation (BFE) 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.
FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing facilities. The term does not include long-term storage, manufacture, sales or service facilities.
FUTURE CONDITIONS FLOOD FRINGE AREA. The land area located between the community encroachment lines and the line depicting the maximum elevation subject to inundation by the community base flood as defined herein (for an illustration, see Appendix A to this chapter).
GENERAL FLOODPLAIN DEVELOPMENT PERMIT. A permit issued for certain types of development in the floodplain per § 152.041.
HABITABLE BUILDING. A structure designed primarily for or used for human habitation. This includes but is not limited to houses, condominiums, townhomes, restaurants, retail establishments,
manufacturing buildings, commercial buildings, office buildings, manufactured homes and similar uses. It does not include accessory structures (see definition above).
HAZARDOUS WASTE MANAGEMENT FACILITY. A facility for the collection, storage, processing, treatment, recycling, recovery or disposal of hazardous waste as defined in G.S. Chapter 130A, Article 9.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to construction, 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 U.S. 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 U.S. 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.
INDIVIDUAL FLOODPLAIN DEVELOPMENT PERMIT. A permit for development in the floodplain that involves activities not listed in § 152.041(B)(1) and may not qualify for a general floodplain development permit.
LETTER OF MAP AMENDMENT (LOMA). A letter from FEMA that officially removes a property or building from the FEMA Special Flood Hazard Area (SFHA) that was inadvertently shown in the SFHA on the FIRM.
LETTER OF MAP REVISION (LOMR). An official amendment to the current effective FEMA FIRM based on as-built conditions and/or more accurate data. It is issued by FEMA and may change FEMA Base Flood Elevations, the location of the FEMA Floodway Lines and/or the location of the FEMA Flood Fringe line.
LETTER OF MAP REVISION BASED ON FILL (LOMR-F). A letter from FEMA that officially removes a property from the FEMA Special Flood Hazard Area (SFHA) as a result of placing fill on the property.
LEVEE. A human-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
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 the basement and/or attached garage; see definition of FLOOR). 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 the enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
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 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.
MARKET VALUE. The value of a building, excluding land value, that is determined by an appraiser certified in the state using the cost approach method. Use of the "income capitalization approach" is not acceptable. Market value must be determined based on the building condition prior to start of construction (for proposed improvements) or before damage occurred (for damage repair). The value of the land and site improvements (landscaping, driveways, detached accessory structures, and the like) is not included. The values of the use and occupancy (business income) are not included. The Floodplain Administrator may use the tax value of the building in lieu of other methods described herein. MARKET VALUE also means the actual cash value (ACV) of a building minus depreciation. Actual cash value is the cost to replace a building on the same parcel with a new building of like-kind quality, minus depreciation due to age, use, and neglect. ACV does not consider loss in value mainly due to outmoded design or location factors. Depreciation accounts for the physical condition of a structure. Depreciation does not take into account functional obsolescence or factors that are external to the structure.
MEAN SEA LEVEL. The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with the NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88).
NATIONAL FLOOD INSURANCE PROGRAM. A federal program that provides insurance coverage for flood damage to qualified buildings in communities that agree to adopt and enforce ordinances that meet or exceed FEMA requirements to reduce the risk of flooding.
NEW CONSTRUCTION. Construction of a replacement structure commenced after total demolition, or renovation/rehabilitation of an existing structure that results in the partial or complete removal of two external walls and has a total cost equal to or exceeding 50% of the market value of the structure before the start of construction of the improvement. For flood insurance purposes, NEW CONSTRUCTION also means structures for which the start of construction commenced on or after March 18, 1987, and includes subsequent improvements to such structures (see definition of FLOOD INSURANCE RATE MAP).
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 slabs) is completed on or after June 25, 1987.
NONCONFORMING BUILDING OR USE. Any legally existing building or use which fails to comply with the provisions of this chapter.
NON-SOLID FENCE. A fence with at least 75% open area and with vertical supports each no more than 25 square inches in cross sectional area.
NORTH AMERICAN VERTICAL DATUM (NAVD). As corrected in 1988, a vertical control used as a reference for establishing varying elevations within the floodplain. If a datum other than NAVD 88 is used, then use the datum listed as the reference datum on the applicable FIRM panel for use on elevation certificate completion. See Flood Insurance Administration (FIA)-20 part 1, 8.
OPEN HOUSE FORUM. A public meeting held by the owner of the proposed levee and the Director of Mecklenburg County Storm Water Services, or his or her designee. The purpose of the OPEN HOUSE FORUM is to provide an opportunity for discussion between the owner that has submitted an application for the construction of a levee, nearby property owners and other interested parties.
PLOT PLAN. A scaled drawing of a parcel of land showing the location of significant natural features and existing and proposed manmade features.
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.
PRELIMINARY FLOOD INSURANCE RATE MAP (PFIRM). A map(s) released by the Federal Emergency Management Agency (FEMA) for public comment prior to the effective date of the FIRM
as established by FEMA. The map may be in both digital and printed format and shows the Community and FEMA Special Flood Hazard Areas, Community Encroachment Areas and FEMA Floodways, FEMA and Community Base Flood Elevations, flood insurance risk premium zones and other data. The data and maps are subject to change prior to the effective date.
PRELIMINARY FLOOD INSURANCE STUDY (PFIS). A narrative report released by the Federal Emergency Management Agency for public comment prior to the effective date. Information contained in the PFIS includes a description of past flooding and studies, the study area, engineering methods, Community and FEMA Base Flood Elevations, other community and FEMA flood data. The Flood Insurance Rate Maps are also included as part of the Flood Insurance Study. The data and maps are subject to change prior to the effective date.
PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure is above ground.
PROJECT. A development activity that is physically separate, functionally independent and not constructed at the same time as another development activity.
PUBLIC SAFETY AND/OR NUISANCE. Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.
RECREATION VEHICLE. A vehicle which 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 car or light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling, but as temporarily living quarters for recreational, camping, travel or seasonable use.
REFERENCE LEVEL. The top of the lowest floor, for regulatory purposes, of structures in the FEMA and/or Community Special Flood Hazard Area.
REMEDY A VIOLATION. To bring the structure or other development into compliance with this chapter or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impact may be
reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during any ten-year period for which the cost of repairs at the time of each flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.
RIVERINE. Relating to, formed by or resembling a river (including tributaries), stream, brook and the like.
SALVAGE YARD. Any nonresidential property used for the storage, collection and/or recycling of any type of equipment, and 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. The FEMA Special Flood Hazard Area.
START OF CONSTRUCTION. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as pouring of slabs or footing, installation of piles, 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 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 parts of the main structure. For 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. For floodplain management purposes, a walled and roofed building, a manufactured home, a gas or liquid storage tank, or other human-made facilities or infrastructures that are principally above ground.
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% of the market value of the structure before the damages occurred. SUBSTANTIAL DAMAGE also means flood-related damages sustained by a structure on two separate occasions during a ten-year period where the cost of repairs at the time of each flood event equals or exceeds 25% of the market value of the structure before the damage occurred. See definition of SUBSTANTIAL IMPROVEMENT.
SUBSTANTIAL IMPROVEMENT.
(1) Any repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, or combination thereof, where the total cost equals or exceeds 50% 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 actual repair work performed. The term does not, however, include either:
(a) Any correction of existing violations of state or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or
(b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
(2) SUBSTANTIAL IMPROVEMENT also means any repair, reconstruction, or improvement to a structure on two separate occasions during a ten-year period, for which the total cost of repairs, reconstruction or improvement at the time of each alteration, equals or exceeds 25% of the market value of the structure before the damage occurred or the substantial improvement began. The Floodplain Administrator may determine if separate actions constitute a single project (§ 152.042(P)).
(3) 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.
SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
TECHNICALLY MEASURABLE. An activity and/or condition that can be modeled within the stated or commonly known accuracy of the FEMA approved hydraulic models or other engineering computations, and may have an impact on base flood elevations. The Floodplain Administrator will determine if a proposed activity and/or condition meets the TECHNICALLY MEASURABLE definition.
VARIANCE. A grant of relief to a person from the requirements of this chapter.
VIOLATION. The failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in §§ 152.040 through 152.062 is presumed to be in violation, until such time as the documentation is provided.
WATER SURFACE ELEVATION (WSE). The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of riverine areas.
WATERCOURSE. A lake, river, creek, stream, channel or other topographic feature within a special flood hazard area on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.
(1995 Code, § 26-30) (Ord. 2009-03, passed 2-10-2009; Ord. 2013-02, passed 3-12-2013; Ord. 2014-00, passed 2-11-2014)