Title 4 PUBLIC UTILITIES
Chapter 4.08 FLOOD DAMAGE PREVENTION
4.08.120 Definitions.
“Accessory structure” means structure that 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.
“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.
“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.
“Appeal” means a
request for a review of the local administrator’s interpretation of any
provision of this chapter.
“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.
“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.
“Base flood” means the flood having a one percent chance
of being equaled or exceeded in any given year.
“Basement” means
any enclosed area of a building that is below grade on all
sides.
“Building” means any structure built for support,
shelter, or enclosure for any occupancy or storage.
Not applicable (V-zones
only).
“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.
“Elevated
building” means a nonbasement 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.
“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.
“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) if completed before
1997.
“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).
“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.
“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.
“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.
“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.
“Flood-resistant material” means any building material
capable of withstanding direct and prolonged contact (minimum seventy-two 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
2-93, 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.
“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.
“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.
“Highest adjacent grade” means the highest natural
elevation of the ground surface, prior to construction, next to the proposed
walls of the structure.
“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.
“Limited storage” means an area
used for storage and intended to be limited to incidental items that 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 Al-A30 zone it must meet
the requirements of Section 4.08.180(e) of this chapter. If the area is located
below the base flood elevation in a V, VE and V1-V30 zone it must meet the
requirements of Section 4.08.180(i) of this chapter.
“Lowest
floor” means the lowest floor of the lowest enclosed area. Any unfinished
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.
“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.”
“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.
“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 (NGVD).
“National geodetic vertical datum
(NGVD)” means as corrected in 1929, elevation reference points set by
national geodetic survey based on mean sea level.
“New
construction” means 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.
“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. (Insert
effective date of the INITIAL flood damage prevention regulations adopted by
community.)
“North American vertical datum (NAVD)” means datum
point established at Pointe-au-Pere 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 floodproofing certificate completion.
“Recreational
vehicle” means a vehicle which is: (a) built on a single chassis; (b) four
hundred 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.
“Start of construction” means 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 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.
“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.
“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 percent of the market value
of the structure before the damage occurred. Please refer to the definition of
“substantial improvement.”
“Substantial improvement”
means any repair, reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds fifty percent of the market
value of the structure before the start of construction of the improvement. This
term includes structures that 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.
“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 percent of the value of the streets, utilities and pads
before the repair, reconstruction, or improvement
commenced.
“Variance” means the grant of relief from a term or
terms of this chapter. (Ord. O-13-06 (part), 2006)
<< previous | next >>