Unless specifically defined below, words or phrases used in this subchapter shall be interpreted so as to give them the meaning they have in common usage and to give this subchapter it’s most reasonable application.
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A
, which is located on the same parcel of property as the principal
and the use of which is incidental to the use of the principal
. Garages, carports and
sheds are common urban accessory
. Pole barns, hay sheds and the like qualify as accessory
on farms, and may or may not be located on the same parcel as the farm or shop
.
ADDITION (TO AN EXISTING BUILDING). An extension or increase in the
or height of a
or
.
. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
APPEAL. A request for a review of the
’s interpretation of any provision of this subchapter.
AREA OF SHALLOW FLOODING. A designated Zone AO or AH on a
’s
(FIRM) with
depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of is unpredictable and indeterminate, and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD. See SPECIAL FLOOD HAZARD AREA (SFHA).
BASE FLOOD. The having a one (1) percent chance of being equaled or exceeded in any given year.
(BFE). A 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 “
,” establishes the “Regulatory Flood Protection Elevation.”
BASEMENT. Any area of the
having its
sub-
(below ground level) on all sides.
BREAKAWAY WALL. A wall that is not part of the structural support of the
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.
BUILDING. See STRUCTURE.
. A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.
. North Carolina’s Coastal Area Management Act. This act, along with the Dredge and Fill Law and the federal Coastal Zone Management Act, is managed through the North Carolina Department of Environmental Quality (NCDEQ) Division of Coastal Management (DCM).
(CAZ). An area within a special flood hazard area, landward of a V zone or landward of an open coast without mapped V zones. In a Coastal A Zone, the principal source of flooding must be astronomical ties, storm surges, seiches, or tsunamis, not riverine flooding. During the base flood conditions, the potential for wave heights shall be greater than or equal to 1.5 feet. Coastal A Zones are not normally designated on FIRMs (see
).
COASTAL BARRIER RESOURCES SYSTEM (CBRS). Consists of undeveloped portions of coastal and adjoining areas established by the Coastal Barrier Resources Act (CoBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of 1990, and subsequent revisions, and includes areas owned by Federal or State governments or private conservation organizations identified as Otherwise Protected Areas (OPA).
COASTAL HIGH HAZARD AREA. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM, or other adopted flood map as determined in § 152.407, as Zone VE.
DESIGN FLOOD. See
.
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.
. Any activity defined as development which will necessitate a Floodplain Development Permit. This includes buildings, structures, and non-structural items, including (but not limited to) fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM). The digital official map of a community, issued by the Federal Emergency Management Agency (FEMA), on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.
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.
ELEVATED BUILDING. A non-
which has its lowest elevated floor raised above ground level by foundation walls, , posts, piers, pilings, or columns.
ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, structures or development into a
, which may impede or alter the flow capacity of a
.
EXISTING BUILDING AND EXISTING STRUCTURE. Any building and/or structure for which the “start of construction” commenced before the community entered the NFIP on October 18, 1983.
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION. A
for which the construction of facilities for servicing the on which the
are to be affixed (including, at a minimum, the installation of utilities, the construction of , and either final site grading or the pouring of concrete pads) was completed before the effective date of the initial
regulations adopted by the
, dated June 1987.
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 BOUNDARY and FLOODWAY MAP (FBFM). An official map of a
, issued by the Federal Emergency Management Agency (FEMA), on which the special food hazard areas and the
s are delineated. This official map is a supplement to and shall be used in conjunction with the
(FIRM)
.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Emergency Management Agency (FEMA), where the boundaries of the special flood hazard areas have been defined as Zone A.
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 (FEMA), on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated. (See also DFIRM.)
FLOOD INSURANCE STUDY (FIS). An examination, evaluation, and of flood hazards, corresponding water surface elevations (if appropriate), flood insurance risk zones, and other flood data in a community issued by the Federal Emergency Management Agency (FEMA). The flood insurance study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published.
FLOOD PRONE AREA. See FLOODPLAIN.
FLOODPLAIN. Any land area susceptible to being inundated by water from any source.
FLOODPLAIN ADMINISTRATOR. The individual appointed to administer and enforce the
regulations.
FLOODPLAIN DEVELOPMENT PERMIT. Any type of permit that is required in conformance with the provisions of this subchapter, prior to the commencement of any .
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing damage and preserving and enhancing, where possible, natural resources in the
, including, but not limited to, emergency preparedness plans, control works,
management regulations, and
plans.
FLOODPLAIN MANAGEMENT REGULATIONS. This subchapter 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.
FLOOD-PROOFING. Any combination of structural and non-structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.
FLOOD-RESISTANT MATERIAL. Any building product (material, component or system) capable of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the FEMA. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.
FLOODWAY. The channel of a river or other watercourse, including the area above a bridge or culvert when applicable, 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.
FLOODWAY ENCROACHMENT ANALYSIS. An engineering analysis of the impact that a proposed encroachment into a
or non-encroachment area is expected to have on the
boundaries and flood levels during the occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed engineer using standard engineering methods and hydraulic models meeting the minimum requirement of the National Flood Insurance Program.
FLOOD ZONE. A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.
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
conditions, such as wave action, blockage of bridge or culvert openings, storm surge or precipitation exceeding the base flood, and the hydrological effect of urbanization of the watershed. The BFE plus the freeboard establishes the “regulatory flood protection elevation.”
FUNCTIONALLY DEPENDENT FACILITY. A facility which 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. A facility for the collection,
,
, treatment, recycling, recovery, or
of hazardous waste as defined in G.S. Article 9 of Chapter 130A.
HIGHEST ADJACENT GRADE (HAG). The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the
.
HISTORIC STRUCTURE. Any
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
with a “Certified Local Government (CLG) Program”; or
(4) Certified as contributing to the historical significance of a historic district designated by a
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.
LETTER OF MAP CHANGE (LOMC). An official issued by FEMA that amends or revises an effective
or
. Letters of Map Change include:
(1) Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program map. A LOMA is based on technical data showing that a property had been inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base flood elevation. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A that a structure or parcel of land has been elevated by fill above the BFE and is, therefore, no longer located within the special flood hazard area. In order to qualify for this , the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
LIGHT DUTY TRUCK. Any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less as defined in 40 CFR 86.082-2 and is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle;
(2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
LIMIT OF MODERATE WAVE ACTION (LiMWA). The boundary line given by FEMA on coastal map studies marketing the extents of
.
LOWEST ADJACENT GRADE (LAG). The lowest 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 subchapter.
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 two or more manufactured home lots for rent or sale.
MAP REPOSITORY. The location of the official flood hazard data to be applied for floodplain management. It is a central location in which flood data is stored and managed; in North Carolina, FEMA has recognized that the application of digital flood hazard data products carries the same authority as hard copy products. Therefore, the NCEM’s Floodplain Mapping Program websites house current and historical flood hazard data. For effective flood hazard data, the NC FRIS website (http://FRIS.NC.GOV/FRIS
) is the map repository, and for historical flood hazard data the Flood NC website (http://FLOODNC.GOV/NCFLOOD
) is the map repository.
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.
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 (NEA). The channel of a river or other watercourse, including the area above a bridge or culvert when applicable, 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 as designated in the
report.
OTHERWISE PROTECTED AREA (OPA). See
.
POST-FIRM. Construction or other development for which the “start of construction” occurred on or after October 18, 1983, the effective date of the initial
.
PRE-FIRM. Construction or other development for which the “start of construction” occurred before October 18, 1983, the effective date of the initial
.
PRIMARY FRONTAL DUNE (PFD). A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and over-topping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure is above ground.
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.
RECREATIONAL VEHICLE (RV). A vehicle, which is:
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a
;
(4) Not designed for primary use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use; and
(5) Is fully licensed and ready for highway use.
For the purpose of this chapter, TINY HOMES/HOUSES and park models that do not meet the items listed above are not considered recreational vehicles and should meet the standards of residential structures.
REFERENCE LEVEL. The top of the lowest floor for structures within special flood hazard areas designated as Zones A, AE, AH, AO, A99. The reference level is the bottom of the lowest horizontal structural member of the lowest floor for structures within special flood hazard areas designated as Zone VE.
REGULATORY FLOOD PROTECTION ELEVATION. The base flood elevation plus the
. In special flood hazard areas where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet. In special flood hazard areas where no BFE has been established, this elevation shall be at least two 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 it noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future 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, and including but not limited to vehicles, appliances and related machinery.
SAND DUNES. Naturally occurring accumulations of sand in ridges or mounts landward of the beach.
SHEAR WALL. Walls used for structural support but not structurally joined or enclosed at the end (except by breakaway walls). Shear walls are parallel or nearly parallel to the flow of the water.
SOLID WASTE DISPOSAL FACILITY. Any facility involved in the
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
subject to a 1% or greater chance of being flooded in any given year as determined in § 152.407.
START OF CONSTRUCTION. Includes
, and means the date the
permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation,
placement, or other
was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a
on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a
on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of and/or walkways; nor does it include excavation for a
, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory
, such as garages or sheds not occupied as units or not part of the main
. For a
, the actual start of construction means the first alteration of any wall, ceiling,
, or other structural part of the
, whether or not that alteration affects the external dimensions of the
.
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. See definition of SUBSTANTIAL IMPROVEMENT.
SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, rehabilitation,
, or other
of a
, taking place during any one year period for which the cost equals or exceeds 50% of the
of the
before the "
of the
. This term includes
which have incurred "
, regardless of the actual repair work performed. The term does not, however, include either:
(1) Any correction of existing
of state or community health, sanitary, or safety code specifications which have been identified by the
and which 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 and the alteration is approved by variance issued pursuant to § 152.417.
TECHNICAL BULLETIN and TECHNICAL FACT SHEET.
(1) A FEMA publication that provides guidance concerning the building performance standards of the NFIP, which are contained in Title 44 of the U.S. Code of Federal Regulations at Section 60.3. The bulletins and fact sheets are intended for use primarily by state and local officials responsible for interpreting and enforcing NFIP regulations and by members of the development community, such as design professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically as needed. The bulletins do not create regulations; rather they provide specific guidance for complying with the minimum requirements of existing NFIP regulations.
(2) It should be noted that Technical Bulletins and Technical Fact Sheets provide guidance on the minimum requirements of the NFIP regulations. State or community requirements that exceed those of the NFIP take precedence. Design professionals should contact the community officials to determine whether more restrictive state or local regulations apply to the building or site in question. All applicable standards of the state or local building code must also be met for any building in a flood hazard area.
CONTROLLED. Having the temperature regulated by a heating and/or cooling system, built-in or appliance.
VARIANCE. A grant of relief from the requirements of this subchapter.
VIOLATION. The failure of a
or other to be fully compliant with the
’s
regulations. A
or other without the elevation certificate, other certifications, or other evidence of compliance required in §§ 152.425 through 152.446 is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION (WSE). The height, in relation to NAVD 1988, 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 damage may occur.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)