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)