§ 32-8-101. DEFINITIONS.

(a)

In general. In this title and in any code or regulations adopted under the authority of this title, the following words have the meanings indicated.

(b)

Accessory structure.

(1)

"Accessory structure" means a detached structure on the same parcel of property as the principal structure, the use of which is incidental to the principal structure.

(2)

"Accessory structure" includes a shed or detached garage.

(c)

Base flood. "Base flood" means the 100-year frequency flood event as indicated in the Flood Insurance Study, as amended, the elevation of which is used for regulatory purposes in the code.

(d)

Baltimore County Datum. "Baltimore County Datum (BCD)" means the datum elevation to which Baltimore County floodplain elevations are referenced.

(e)

Basement. "Basement" means an enclosed area that is below grade on all four sides.

(f)

Certificate of occupancy or use. "Certificate of occupancy or use" means a permit to legally occupy or use a building for the intended purpose.

(g)

Development.

(1)

"Development" means any man-made change to improved or unimproved real estate, including erection of buildings and other structures, dredging, fill, grading, paving, clearing, excavation, dumping, extraction, or storage of equipment or materials.

(2)

"Development" includes subdivision of land.

(h)

Elevation certificate. "Elevation certificate" means the form supplied by the Federal Emergency Management Agency (FEMA) currently identified as "FEMA Form 81-31," as amended, which form represents the certifying registered design professional's best efforts to interpret data available and which certifies building elevations of the as-built structure.

(i)

Flood. "Flood" means general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters, or rapid unusual accumulation of runoff from any sources.

(j)

Flood insurance rate map. "Flood Insurance Rate Map (FIRM)" means a map that depicts the minimum special flood hazard area to be regulated by this code unless a floodway map is available.

(k)

Flood protection elevation "Flood Protection Elevation (FPE)" means the elevation of the base flood plus 1 foot freeboard.

(l)

Floodproofing. "Floodproofing" means any combination of structural or nonstructural changes that reduce or eliminate flood damage to improved property.

(m)

Floodproofing certificate. "Floodproofing certificate" means a form supplied by the Federal Emergency Management Agency to certify that a building has been designed and constructed to be structurally dry and to be floodproofed to the flood protection elevation.

(n)

Floodway. "Floodway" means the channel and adjacent land area required to discharge the waters of the 100-year frequency flood of a watercourse without increasing the water surface elevations more than a specified height.

(o)

Floodway fringe. "Floodway fringe" means that portion of the riverine floodplain outside the floodway.

(p)

Floodway map. "Floodway map" means a map that depicts floodways and special flood hazard areas.

(q)

Freeboard. "Freeboard" means an increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, wave actions, subsidence or other unpredictable effects.

(r)

"Historic structure" means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;

(2)

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;

(3)

Individually listed on the Maryland Register of Historic Places; or

(4)

Individually listed on the inventory of historic places maintained by Baltimore County whose historic preservation program has been certified by the Maryland Historical Trust or the Secretary of the Interior.

(s)

Lowest floor.

(1)

(i)

"Lowest" floor means the lowest floor of the lowest enclosed area.

(ii)

"Lowest floor" includes a basement.

(2)

An unfinished enclosure is not the "lowest floor" if constructed of flood resistant materials and used solely for parking of vehicles or storage or building access in an area other than a basement, as long as it is supplied with water equalizing vents.

(t)

Manufactured home. "Manufactured home" means a transportable structure that is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.

(u)

New construction. "New construction" means a structure for which the start of construction began on or after the effective date of the original adoption of the Flood Insurance Rate Maps, viz. 1981.

(v)

North American Vertical Datum of 1988 (NAVD 88). "North American Vertical Datum of 1988 (NAVD 88)" means an elevation reference system set by the National Geodetic Survey and used by FIRM maps effective on September 26, 2008.

(w)

100-year frequency flood. "100-year frequency flood" means the base flood, having one chance in one hundred (1%) of being equaled or exceeded in any year.

(x)

Permanent construction. "Permanent construction" means any structure occupying a site for more than 180 days per year.

(y)

Recreational vehicle. "Recreational vehicle" means a vehicle built on a single chassis which is 400 square feet or less at the longest horizontal projection, self propelled or towable, and designed primarily for temporary living while traveling or camping.

(z)

Riverine floodplain. "Riverine floodplain" means that land which is inundated by the storm water runoff created by a 100-year frequency flood and which is based on maximum development of the watershed using the current zoning and based on the current standards approved by the Department of Public Works, but in no case less restrictive than the Federal Flood Insurance Study base flood.

(aa)

Start of construction.

(1)

"Start of construction" means the date of issue of the building permit for any development, including new construction and substantial improvements, provided that the actual start of the new construction or substantial improvement is within 180 days after permit issuance.

(2)

"Start of construction" means, for any development, the placement of slab or footings, piles, or columns.

(3)

"Start of construction" means, for a manufactured home, the actual placement of the manufactured home.

(4)

"Start of construction" means, for substantial improvement, the first alteration of any structural part of the building.

(bb)

Structure.

(1)

"Structure" means a walled and roofed building.

(2)

"Structure" includes a manufactured home, gas and liquid storage tanks, garages, barns, and sheds.

(cc)

Substantial damage. "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 50% of the market value of the structure before the damage occurred.

(dd)

Substantial improvement.

(1)

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure, less land value, either:

(i)

Before the improvement or repair is started; or

(ii)

If the structure has incurred substantial damage and been restored, before the damage occurred.

(2)

"Substantial improvement" occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences.

(3)

"Substantial improvement" does not include the minimum repairs needed to correct previously identified violations of local health, safety, or sanitary codes, and alterations to historic structures which do not preclude their continued designation as historic structures.

(ee)

Temporary structure. "Temporary structure" means any structure completely removed within 180 days after issuance of the permit.

(ff)

Tidal floodplain. "Tidal floodplain" means the area subject to inundation by tidewaters as a result of a 100-year frequency flood event as established by the U.S. Army Corps of Engineers or the federal Flood Insurance Study base flood elevation, whichever is the more restrictive.

(1988 Code, § 26-662) (Bill No. 173-93, § 2, 11-17-1993; Bill No. 112-02, § 2, 7-1-2004; Bill No. 47-10, § 5, 7-19-2010; Bill No. 42-15, § 1, 7-1-2015 )

Editor's note:
  The amendments enacted under Bill 47-10 are effective retroactive to July 1, 2010.