<div class="chunk-title">Sec. 38-5. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               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 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">Alteration of a watercourse</span> means 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.
               </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 chapter.
               </p>
            <p class="p0">
               <span class="ital">Area of shallow flooding</span> means a designated zone AO or AH 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">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</span> (BFE)" 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">Basement</span> means any area of the building having its floor subgrade (below ground level) on
               all sides.
               </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">Design flood.</span> See "regulatory flood protection elevation."
               </p>
            <p class="p0">
               <span class="ital">Development</span> means any manmade change to improved or unimproved real estate, including, but not
               limited to, buildings or other structures, mining, dredging, filling, grading, paving,
               excavation or drilling operations, or storage of equipment or materials.
               </p>
            <p class="p0">
               <span class="ital">Development activity</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Digital flood insurance rate map</span> (DFIRM) means 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.
               </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 groundwaters.
               </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 special flood hazard area, which may impede or alter the flow
               capacity of a floodplain.
               </p>
            <p class="p0">
               <span class="ital">Existing building and existing structure</span> means any building and/or structure for which the "start of construction" commenced
               before the date of the community's entry into the NFIP; September 16, 1991.
               </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 date
               of the community's entry into the NFIP.
               </p>
            <p class="p0">
               <span class="ital">Flood</span> or <span class="ital">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 or runoff of surface waters from any source.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Flood boundary and floodway map</span> (FBFM) means an official map of a community, issued by the FEMA, on which the special
               flood hazard areas and the floodways are delineated. This official map is a supplement
               to and shall be used in conjunction with the flood insurance rate map (FIRM).
               </p>
            <p class="p0">
               <span class="ital">Flood hazard boundary map (FHBM)</span> means an official map of a community, issued by the FEMA, where the boundaries of
               the special flood hazard areas have been defined as zone A.
               </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 FEMA, on which both the special
               flood hazard areas and the risk premium zones applicable to the community are delineated.
               (see also DFIRM)
               </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 FEMA. The flood insurance study report includes
               flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), if
               published.
               </p>
            <p class="p0">
               <span class="ital">Floodprone area.</span> See "floodplain".
               </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">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
               chapter, 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 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.
               </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">Flood-resistant material</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Floodway</span> means 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.
               </p>
            <p class="p0">
               <span class="ital">Floodway encroachment analysis</span> means an engineering analysis of the impact that a proposed encroachment into a floodway
               or nonencroachment area is expected to have on the floodway 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 models.
               </p>
            <p class="p0">
               <span class="ital">Freeboard</span> means the height added to the 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 or culvert
               openings, and the hydrological effect of urbanization of the watershed. The BFE 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. ch. 130A, art. 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 preliminarily
                  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">Letter of map change (LOMC)</span> means an official determination issued by FEMA that amends or revises an effective
               flood insurance rate map or flood insurance study. Letters of map change include:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Letter of map amendment (LOMA):</span> 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.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Letter of map revision (LOMR):</span> 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.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Letter of map revision based on fill (LOMR-F):</span> A determination 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 determination, the fill must have been permitted and
                  placed in accordance with the community's floodplain management regulations.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Conditional letter of map revision (CLOMR):</span> 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.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Light duty truck</span> means 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:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Designed primarily for purposes of transportation of property or is a derivation of
                  such a vehicle, or
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Designed primarily for transportation of persons and has a capacity of more than 12
                  persons; or
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Available with special features enabling off-street or off-highway operation and use.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Lowest adjacent grade (LAG)</span> means the lowest 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 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.
               </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, 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.
               </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">Nonconversion agreement</span> means a document stating that the owner will not convert or alter what has been constructed
               and approved. Violation of the agreement is considered a violation of the chapter
               and, therefore, subject to the same enforcement procedures and penalties. The agreement
               must be filed with the recorded deed for the property. The agreement must show the
               clerk's or recorder's stamps and/or notations that the filing has been completed.
               </p>
            <p class="p0">
               <span class="ital">Nonencroachment area</span> (NEA) means 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 flood insurance study report.
               </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 September 30, 1983, 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 September 30, 1983, 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</span> and/or <span class="ital">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 unlawfully 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;
                  </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, and
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  Is fully licensed and ready for highway use.
                  </p>
               		
               
            <p class="b0">
               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 and be permitted as residential structures.
               </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 zones A, AE, AH, AO, A99.
               </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. 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 chapter 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">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</span> (SFHA) 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_CH38FLDAPR_ARTIINGE_S38-7BAESSPFLHAAR" class="section-link" data-product-id="13953">section 38-7</a> of this chapter.
               </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 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.
               </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 including cumulative damages
               sustained over a period of ten years 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 ten-year period for which the
               cost equals or exceeds 30 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 and the alteration is
                  approved by variance issued pursuant to <a href="" data-chunk-id="COOR_CH38FLDAPR_ARTIIAD_S38-36VAPR" class="section-link" data-product-id="13953">section 38-36</a> of this chapter.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Technical bulletin and technical fact sheet</span> means 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.
               </p>
            <p class="p0">
               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.
               </p>
            <p class="p0">
               <span class="ital">Temperature controlled</span> means having the temperature regulated by a heating and/or cooling system, built-in
               or appliance.
               </p>
            <p class="p0">
               <span class="ital">Variance</span> is a grant of relief from the requirements of this chapter.
               </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 NAVD 1988, of floods of various magnitudes and frequencies
               in the floodplains of 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="historynote0">
               (Ord. of 5-15-2018, art. 2)
               </p></div>