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December I5, 2008 (Regular Meeting) Page 1093
<br />dwelling units or not part of the main structure. For a substantial
<br />improvement, the actual start of construction means the first alteration of
<br />any wall, ceiling, floor, or other structural part of the building, whether
<br />or not that alteration affects the external dimensions of the building.
<br />Structure means a walled and roofed building, a manufactured home, or a gas,
<br />liquid, or liquefied gas storage tank that is principally above ground.
<br />Substantial damage means damage of any origin sustained by a structure
<br />whereby the cost of restoring the structure to its before damaged condition
<br />would equal or exceed 50 percent of the market value of the structure before
<br />the damaged occurred. See definition of "substantial improvement."
<br />Substantial Improvement means any combination of repairs, reconstruction,
<br />rehabilitation, addition, or other improvement of a structure, taking place
<br />during any one-year period for which the cost equals or exceeds 50 percent of
<br />the market value of the structure before the "start of construction" of the
<br />improvement. This term includes structures which have incurred "substantial
<br />damage", regardless of the actual repair work performed. The term does not,
<br />however, include either:
<br />(a) any correction of existing violations of State or community health,
<br />sanitary, or safety code specifications which have been identified by
<br />the community code enforcement official and which are the minimum
<br />necessary to assure safe living conditions; or
<br />(b) any alteration of a historic structure, provided that the alteration
<br />will not preclude the structure's continued designation as a historic
<br />structure.
<br />Variance means a grant of relief from the requirements of this article which
<br />permits construction in a manner otherwise prohibited by this article where
<br />specific enforcement would result in unnecessary hardship.
<br />Violation means the failure of a structure or other development to be fully
<br />compliant with the community's floodplain management regulations. A structure
<br />or other development without the elevation certificate, other certifications,
<br />or other evidence of compliance required is presumed to be in violation until
<br />such time as that documentation is provided.
<br />(Ord. of 2-16-87, art. 2; Ord. of 10-17-94, art. 2)
<br />Water Surface Elevation (WSE) means the height, in relation to mean sea
<br />level, of floods of various magnitudes and frequencies in the floodplains of
<br />riverine areas.
<br />Watercourse means a lake, river, creek, stream, wash, channel or other
<br />topographic feature on or over which waters flow at least periodically.
<br />Watercourse includes specifically designated areas in which substantial flood
<br />damage may occur.
<br />Sec. 38-30 Cross references: Definitions generally, § 1-2.
<br />ARTICLE 3 GENERAL PROVISIONS
<br />Sec. 38-31. SECTION A Lands to which this article applies.
<br />This article shall apply to all areas of special flood hazard within the
<br />jurisdiction of the county.
<br />(Ord. of 2-16-87, art. 3, ~ A; Ord. of 10-17-94, art. 3, ~ A)
<br />Sec. 38-32 SECTION B BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.
<br />The Special Flood Hazard Areas are those identified under the Cooperating
<br />Technical State (CTS) agreement between the State of North Carolina and FEMA
<br />in its Flood Insurance Study (FIS) for Cabarrus County dated November 5, 2008
<br />and its accompanying. Flood Insurance Rate Maps (FIRM), dated November 5, 2008
<br />and March 2, 2009, which are adopted by reference and declared to be a part
<br />of this ordinance.
<br />The initial Flood Insurance Rate Maps are as follows for the jurisdictional
<br />areas at the initial 'date:
<br />Cabarrus County Unincorporated Area, dated November 2, 1994.
<br />Sec. 38-33 SECTION C ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.
<br />A Floodplain Development Permit shall be required in conformance with the
<br />provisions of this ordinance prior to the commencement of any development
<br />activities within Special Flood Hazard Areas determined in accordance with
<br />the provisions of Article 3, Section B of this ordinance.
<br />Sec. 38-34 SECTION D COMPLIANCE.
<br />No structure or land shall hereafter be located, extended, converted,
<br />altered, or developed in any way without full compliance with the terms of
<br />this ordinance and other applicable regulations.
<br />Sec. 38-35. SECTION E Abrogation and greater restrictions.
<br />This article is not intended to repeal, abrogate, or impair any existing
<br />easements, covenants, or deed restrictions. However, where this article and
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