<div class="chunk-title">Sec. 34-30. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               Unless specifically defined below, words or phrases used in this article shall be
               interpreted so as to give them the meaning they have in common usage and to give this
               article it's most reasonable application.
               </p>
            <p class="p0">
               <span class="ital">Accessory structure (appurtenant structure)</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Addition (to an existing building)</span> means an extension or increase in the floor area or height of a building or structure.
               </p>
            <p class="p0">
               <span class="ital">Appeal</span> means a request for a review of the floodplain administrator's interpretation of
               any provision of this article.
               </p>
            <p class="p0">
               <span class="ital">Area of shallow flooding</span> means a designated zone AO on a community's flood insurance rate map (FIRM) with
               base flood 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 flooding is unpredictable
               and indeterminate, and where velocity flow may be evident.
               </p>
            <p class="p0">
               <span class="ital">Area of special flood hazard.</span> See "special flood hazard area (SFHA)."
               </p>
            <p class="p0">
               <span class="ital">Basement</span> means any area of the building having its floor sub grade (below ground level) on
               all sides.
               </p>
            <p class="p0">
               <span class="ital">Base flood</span> means the flood having a one percent chance of being equaled or exceeded in any given
               year.
               </p>
            <p class="p0">
               <span class="ital">Base flood elevation (BFE)</span> means 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."
               </p>
            <p class="p0">
               <span class="ital">Building.</span> See "structure."
               </p>
            <p class="p0">
               <span class="ital">Chemical storage facility</span> means a building, portion of a building, or exterior area adjacent to a building
               used for the storage of any chemical or chemically reactive products.
               </p>
            <p class="p0">
               <span class="ital">Development</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Disposal</span> means, 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 groundwater's.
               </p>
            <p class="p0">
               <span class="ital">Elevated building</span> means a non-basement building which has its lowest elevated floor raised above ground
               level by foundation walls, shear walls, posts, piers, pilings, or columns.
               </p>
            <p class="p0">
               <span class="ital">Encroachment</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Existing manufactured home park or manufactured home subdivision</span> 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) was completed before the initial
               effective date of the floodplain management regulations adopted by the community.
               </p>
            <p class="p0">
               <span class="ital">Flood or flooding</span> means a general and temporary condition of partial or complete inundation of normally
               dry land areas from:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  The overflow of inland or tidal waters; and/or
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  The unusual and rapid accumulation of runoff of surface waters from any source.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Flood insurance</span> means the insurance coverage provided under the National Flood Insurance Program.
               </p>
            <p class="p0">
               <span class="ital">Flood insurance rate map (FIRM)</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Flood insurance study (FIS)</span> means 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) and flood boundary and floodway
               maps (Fifes), if published.
               </p>
            <p class="p0">
               <span class="ital">Flood prone area.</span> See "floodplain."
               </p>
            <p class="p0">
               <span class="ital">Floodplain</span> means any land area susceptible to being inundated by water from any source.
               </p>
            <p class="p0">
               <span class="ital">Floodplain administrator</span> is the individual appointed to administer and enforce the floodplain management regulations.
               </p>
            <p class="p0">
               <span class="ital">Floodplain development permit</span> means any type of permit that is required in conformance with the provisions of this
               article, prior to the commencement of any development activity.
               </p>
            <p class="p0">
               <span class="ital">Floodplain management</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Floodplain management regulations</span> means this article 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.
               </p>
            <p class="p0">
               <span class="ital">Floodproofing</span> means any combination of structural and nonstructural 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.
               </p>
            <p class="p0">
               <span class="ital">Floodway</span> 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.
               </p>
            <p class="p0">
               <span class="ital">Flood zone</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Freeboard</span> means the height added to the base flood elevation (BFE) to account for the many
               unknown factors that could contribute to flood heights greater that 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."
               </p>
            <p class="p0">
               <span class="ital">Functionally dependent facility</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Hazardous waste management facility</span> means, as defined in G.S. 130A, Article 9, a facility for the collection, storage,
               processing, treatment, recycling, recovery, or disposal of hazardous waste.
               </p>
            <p class="p0">
               <span class="ital">Highest adjacent grade (HAG)</span> means the highest natural elevation of the ground surface, prior to construction,
               immediately next to the proposed walls of the structure.
               </p>
            <p class="p0">
               <span class="ital">Historic structure</span> means any structure that is:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  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;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Certified or preliminarily determined by the secretary of interior as contributing
                  to the historical significance of a registered historic district or a district preliminary
                  determined by the secretary to qualify as a registered historic district;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Individually listed on a local inventory of historic landmarks in communities with
                  a "certified local government (CLG) program;" or
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Certified as contributing to the historical significance of a historic district designated
                  by a community with a "certified local government (CLG) program."
                  </p>
               		
               
            <p class="p0">
               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.
               </p>
            <p class="p0">
               <span class="ital">Lowest adjacent grade (LAG)</span> means the elevation of the ground, sidewalk or patio slab immediately next to the
               building, or deck support, after completion of the building.
               </p>
            <p class="p0">
               <span class="ital">Lowest floor</span> means 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 article.
               </p>
            <p class="p0">
               <span class="ital">Manufactured home</span> means 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."
               </p>
            <p class="p0">
               <span class="ital">Manufactured home park or subdivision</span> means a parcel (or contiguous parcels) of land divided into two or more manufactured
               home lots for rent or sale.
               </p>
            <p class="p0">
               <span class="ital">Market value</span> means the building value, excluding 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.
               </p>
            <p class="p0">
               <span class="ital">Mean sea level</span> means, for purposes of this article, 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 (BFEs) shown on a FIRM are referenced.
               Refer to each FIRM panel to determine datum used.
               </p>
            <p class="p0">
               <span class="ital">New construction</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Non-encroachment area</span> 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 cumulative increasing
               the water surface elevation more than one foot as designated in the flood insurance
               study report.
               </p>
            <p class="p0">
               <span class="ital">Person</span> means an individual, corporation, business trust, estate, trust, partnership, limited
               liability company, association, joint venture, government, governmental subdivision,
               agency or instrumentality, public corporation or any other legal or commercial entity.
               </p>
            <p class="p0">
               <span class="ital">Post-FIRM</span> means construction or other development for which the "start of construction" occurred
               on or after the effective date of the initial flood insurance rate map.
               </p>
            <p class="p0">
               <span class="ital">Pre-FIRM</span> means construction or other development for which the "start of construction" occurred
               before the effective date of the initial flood insurance rate map.
               </p>
            <p class="p0">
               <span class="ital">Principally above ground</span> means that at least 51 percent of the actual cash value of the structure is above
               ground.
               </p>
            <p class="p0">
               <span class="ital">Public safety and/or nuisance</span> means anything which is injurious to the safety or health of an entire community
               or neighborhood, or any considerable number of persons, or unlawful obstructs the
               free passage or use, in the customary manner, of any navigable lake, or river, bay,
               stream, canal, or basin.
               </p>
            <p class="p0">
               <span class="ital">Recreational vehicle (RV)</span> means a vehicle, which is:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Built on a single chassis;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Four hundred square feet or less when measured at the largest horizontal projection;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Designed to be self-propelled or permanently towable by a light duty truck; and
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Designed primarily not for use as a permanent dwelling, but as temporary living quarters
                  for recreational, camping, travel, or seasonal use.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Reference level</span> is the top of the lowest floor for structures within special flood hazard areas designated
               as zone A1-A30, AE, A, A99 or AO.
               </p>
            <p class="p0">
               <span class="ital">Regulatory flood protection elevation</span> means the "base flood elevation" plus the "freeboard." In "special flood hazard areas"
               where base flood elevations (BFEs) have been determined, this elevation shall be the
               BFE plus two feet of freeboard. In "special flood hazard areas" where no BFE has been
               established, this elevation shall be at least two feet above the highest adjacent
               grade.
               </p>
            <p class="p0">
               <span class="ital">Remedy a violation</span> means 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 ordinance or otherwise deterring future similar violations, or reducing
               federal financial exposure with regard to the structure or other development.
               </p>
            <p class="p0">
               <span class="ital">Repetitive</span> means relating to, formed by, or resembling a river (including tributaries), stream,
               brook, etc.
               </p>
            <p class="p0">
               <span class="ital">Riverine</span> means relating to, formed by, or resembling a river (including tributaries), stream,
               brook, etc.
               </p>
            <p class="p0">
               <span class="ital">Salvage yard</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Solid waste disposal facility</span> means any facility involved in the disposal of solid waste, as defined in G.S. 130A-290(a)(35).
               </p>
            <p class="p0">
               <span class="ital">Solid waste disposal site</span> means, 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.
               </p>
            <p class="p0">
               <span class="ital">Special flood hazard area (SFHA)</span> means the land in the floodplain subject to a one percent or greater chance of being
               flooded in any given year, as determined in<a href="" data-chunk-id="COOR_CH34FL_ARTIIFLDAPR_DIV1GE_S34-32BAESSPFLHAAR" class="section-link" data-product-id="12776"> section 34-32</a> of this article.
               </p>
            <p class="p0">
               <span class="ital">Start of construction</span> 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 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 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.
               </p>
            <p class="p0">
               <span class="ital">Structure</span> means a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied
               gas storage tank that is principally above ground.
               </p>
            <p class="p0">
               <span class="ital">Substantial damage</span> means damage of any origin sustained by a structure during any one-year period whereby
               the cost of restoring the structure to it's before damaged condition would equal or
               exceed 50 percent of the market value of the structure before the damage occurred.
               See definition of "substantial improvement." Substantial damage also means flood-related
               damage sustained by a structure on two separate occasions during a ten-year period
               for which the cost of repairs at the time of each such flood event, on the average,
               equals or exceeds 25 percent of the market value of the structure before the damage
               occurred.
               </p>
            <p class="p0">
               <span class="ital">Substantial improvement</span> means any combination of repairs, reconstruction, rehabilitation, addition, or other
               improvement of a structure, taking place during any one-year period for which the
               cost equals or exceeds 50 percent 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:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  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
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Any alteration of a historic structure, provided that the alteration will not preclude
                  the structure's continued designation as a historic structure.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Variance</span> is a grant of relief from the requirements of this article.
               </p>
            <p class="p0">
               <span class="ital">Violation</span> means 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 articles II and III is presumed to be in violation until such time as
               that documentation is provided.
               </p>
            <p class="p0">
               <span class="ital">Water surface elevation (WSE)</span> means the height, in relation to mean sea level, of floods of various magnitudes
               and frequencies in the floodplains of coastal or riverine areas.
               </p>
            <p class="p0">
               <span class="ital">Watercourse</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Zone A</span> designates the flood hazard area without base flood elevations established.
               </p>
            <p class="p0">
               <span class="ital">Zone AE</span> is the one percent annual chance (100-year) floodplain with base flood elevations
               established.
               </p>
            <p class="p0">
               <span class="ital">Zone X-shaded</span> is the 0.2 percent annual chance (500-year) floodplain.
               </p>
            <p class="p0">
               <span class="ital">Zone X-unshaded</span> designates areas outside the 500-year floodplain.
               </p>
            <p class="historynote0">
               (Res. No. 09-11-02, Â§ 3(Art. 2), 11-3-09)
               </p></div>