Title 13 BUILDINGS AND CONSTRUCTION
Chapter 13.12 FLOOD DAMAGE PREVENTION
13.12-2.020 Definitions.
A. "Accessory structure" means a structure which is 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.
B. "Addition (to an existing
building)" means an extension or increase in the floor area or height of a
building or structure. Additions to existing buildings shall comply with the
requirements for new construction regardless as to whether the addition is a
substantial improvement or not. Where a firewall or load-bearing wall is
provided between the addition and the existing building, the addition(s) shall
be considered a separate building and must comply with the standards for new
construction.
C. "Agricultural structure" means a structure used solely
for agricultural purposes in which the use is exclusively in connection with the
production, harvesting, storage, drying, or raising of agricultural commodities,
including the raising of livestock. Agricultural structures are not exempt from
the provisions of this chapter.
D. "Appeal" means a request for a review
of the local administrator’s interpretation of any provision of this
chapter.
E. "Area of shallow flooding" means a designated AO or VO zone
on a community’s Flood Insurance Rate Map (FIRM) with base flood depths of
one to three feet where a clearly defined channel does not exist, where the path
of flooding is unpredictable and indeterminate, and where velocity flow may be
evident.
F. "Area of special flood hazard" means the land in the
floodplain within a community subject to a one percent or greater chance of
being equaled or exceeded in any given year.
G. "Base flood" means the
flood having a one percent chance of being equaled or exceeded in any given
year.
H. "Basement" means any enclosed area of a building which is below
grade on all sides.
I. "Building" means any structure built for support,
shelter, or enclosure for any occupancy or storage.
J. "Coastal high
hazard area" means an area of special flood hazard extending from offshore to
the inland limit of the primary frontal dune along an open coast and any other
area subject to velocity wave action from storms or seismic
sources.
K. "Development" 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.
L. "Elevated building"
means a non-basement building built to have the lowest floor elevated above the
ground level by means of fill, solid foundation perimeter walls, pilings,
columns, piers, or shear walls parallel to the flow of
water.
M. "Existing construction" means, for the purposes of determining
rates, structures for which the start of construction commenced before the
effective date of the FIRM, or before January 1, 1975, for FIRMs effective
before that date.
N. "Existing manufactured home park or manufactured
home subdivision" 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) is completed before April 7, 1987, of the initial flood damage
prevention regulations adopted by community.)
O. "Expansion to an
existing manufactured home park or subdivision" means the preparation of
additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of
utilities, the construction of streets, and either final site grading or the
pouring of concrete slabs).
P. "Flood" means a general and temporary
condition of partial or complete inundation of normally dry land areas from the
overflow of inland or tidal waters, or the unusual and rapid accumulation of
runoff of surface waters from any source.
Q. "Flood hazard boundary map
(FHBM)" means an official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood hazard
have been defined as Zone A.
R. "Flood insurance rate map (FIRM)" means
an official map of a community, on which the Federal Emergency Management Agency
has delineated both the areas of special flood hazard and the risk premium zones
applicable to the community.
S. "Flood insurance study" means the
official report provided by the Federal Emergency Management Agency. The report
contains flood profiles, as well as the flood boundary floodway map and the
water surface elevation of the base flood.
T. "Flood-resistant material"
means any building material capable of withstanding direct and prolonged contact
(minimum seventy-two (72) hours) with floodwaters without sustaining damage
which requires more than low-cost cosmetic repair. Any material which 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 lumber are acceptable flooring materials.
Sheet-type flooring coverings which restrict evaporation from below and
materials which are impervious, but dimensionally unstable are not acceptable.
Materials which absorb or retain water excessively after submergence are not
flood-resistant. Please refer to Technical Bulletin 2-93, Flood-Resistant
Materials for Buildings Located in Special Flood Hazard Areas in Accordance with
the National Flood Insurance Program, document number FIA-TB-2, dated 4/93, and
available from the Federal Emergency Management Agency. Class 4 and 5 materials,
referenced therein, are acceptable flood-resistant
materials.
U. "Floodway" 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.
V. "Functionally dependent facility" means
a facility which cannot be used for its intended purpose unless it is located or
carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding,
ship repair, or seafood processing facilities. The term does not include
long-term storage, manufacture, sales, or service
facilities.
W. "Highest adjacent grade" means the highest natural
elevation of the ground surface, prior to construction, next to the proposed
walls of the structure.
X. "Historic structure" means any structure that
is: (a) listed individually in the National Register of Historic Places (a
listing maintained by the U.S. Department of the Interior (DOI)) or
preliminarily determined by the secretary of the interior as meeting the
requirements for individual listing on the National Register; (b) certified or
preliminarily determined by the Secretary of the 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; (c) individually listed on a state inventory of historic places; (d)
individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified (1) by an approved state
program as determined by the secretary of interior, or (2) directly by the
secretary of interior in states without approved programs. Some structures or
districts listed on the State or local inventories may not be "Historic" as
cited above, but have been included on the inventories because it was believed
that the structures or districts have the potential for meeting the "historic"
structure criteria of the DOI. In order for these structures to meet NFIP
historic structure criteria, it must be demonstrated and evidenced that the
South Carolina Department of Archives and History has individually determined
that the structure or district meets DOI historic structure
criteria.
Y. "Limited storage" means an area used for storage and
intended to be limited to incidental items which can withstand exposure to the
elements and have low flood damage potential. Such an area must be of flood
resistant or breakaway material, void of utilities except for essential lighting
and cannot be temperature controlled. If the area is located below the base
flood elevation in an A, AE and A1-A30 zone it must meet the requirements of
Section 13.12-4.020(E) of this chapter. If the area is located below the base
flood elevation in an V, VE and V1-V30 zone it must meet the requirements of
Section 13.12-4.070(I) of this chapter.
Z. "Lowest floor" means the
lowest floor of the lowest enclosed area. Any finished or flood resistant
enclosure, usable solely for parking of vehicles, building access, or storage in
an area other than a basement area is not considered a building’s lowest
floor provided that such an enclosure is not built so as to render the structure
in violation of other provisions of this chapter.
AA. "Manufactured
home" 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."
BB. "Manufactured home
park or subdivision" means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
CC. "Mean sea
level" means the average height of the sea for all stages of the tide. It is
used as a reference for establishing various elevations within the floodplain.
For purposes of this chapter, the term is synonymous with national geodetic
vertical datum (NG-VD).
DD. "National geodetic vertical datum (NGVD)"
means, as corrected in 1929, elevation, reference points set by National
Geodetic Survey based on mean sea level.
EE. "North American vertical
datum (NAVD)" means the datum point established at Pointe-au-Pére on the
St. Lawrence River, Quebec Province, Canada, based on the mass or density of the
earth. The datum listed as the reference datum on flood insurance rate maps
should be used for elevation certificate and flood proofing certificate
completion.
FF. "New construction" means a structure for which the start
of construction commenced after (the effective date of the first floodplain
management code, ordinance, or standard based upon specific technical base flood
elevation data which establishes the area of special flood hazard) or (specific
date). The term also includes any subsequent improvements to such
structure.
GG. "New manufactured home park or subdivision" 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 slabs) is
completed on or after April 7, 1987.
HH. "Primary frontal dune" means a
continuous or nearly continuous mound or ridge of sand with relatively steep
seaward and landward slopes immediately landward and subject to erosion and
overtopping from high tides and waves during 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.
II. "Recreational vehicle" means a vehicle which is: (a) built on
a single chassis; (b) four hundred (400) square feet or less when measured at
the largest horizontal projection; (c) designed to be self-propelled or
permanently towable by a light duty truck; and, (d) designed primarily not for
use as a permanent dwelling, but as temporary living quarters for recreational,
camping, travel, or seasonal use.
JJ. "Start of construction" (for other
than new construction or substantial improvements under the Coastal Barrier
Resources Act (P.L. 97-348)), includes substantial improvement, and means the
date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, or improvement was within one
hundred eighty (180) days of the permit date. The actual start means the first
placement of permanent construction of a structure (including a manufactured
home) on a site, such as the pouring of slabs or footings, installation of
piles, 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 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.
KK. "Structure" means a walled and
roofed building, a manufactured home, including a gas or liquid storage tank, or
other man-made facility or infrastructure that is principally above
ground.
LL. "Substantial damage" means damage of any origin sustained by
a structure whereby the cost of restoring the structure to its before damaged
condition would equal or exceed fifty (50) percent of the market value of the
structure before the damage occurred. Please refer to the definition of
"substantial improvement."
MM. "Substantial improvement" means any
repair, reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds fifty (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:
(1) any project of improvement to a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions (does not include American with
Disabilities Act compliance standards); or, (2) any alteration of a historic
structure, provided that the alteration will not preclude the structure’s
continued designation as a historic structure. Permits shall be cumulative for a
period of five years. If the improvement project is conducted in phases, the
total of all costs associated with each phase, beginning with the issuance of
the first permit, shall be utilized to determine whether "substantial
improvement" will occur.
NN. "Substantially improved existing
manufactured home park or subdivision" means where the repair, reconstruction,
rehabilitation or improvement of the streets, utilities and pads equals or
exceeds fifty (50) percent of the value of the streets, utilities and pads
before the repair, reconstruction, or improvement
commenced.
OO. "Variance" means the grant of relief from a term or terms
of this chapter. (Ord. 01-O-06 § 1(part), 2001)
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