Abingdon City Zoning Code
ARTICLE V
Special and Overlay Districts
Section 5-1-1 General.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Zoning districts established. In order to regulate and restrict the location and use of buildings and land for trade, industry, residence and other purposes in accordance with the objectives of the Comprehensive Plan, to regulate and restrict the location, height and size of buildings hereafter erected or structurally altered, the size of yards and other open spaces and the density of population, the following zoning districts are hereby established:
(b)
Special purpose zoning districts. The intent and character of these districts are unique compared to the primary zoning districts supplied in Article IV. These districts contain additional standards and design requirements not found in the primary zoning districts. Special purpose zoning districts provide standards for specific districts in the Town of Abingdon and are established as follows:
(c)
Overlay districts. Overlay districts apply additional standards to the development of land in the Town of Abingdon. These district standards exist as overlays to the existing underlying zoning districts and, as such, the provisions for the overlay districts do not replace, but shall serve as a supplement to, the underlying district provisions. The overlay districts are established as follows:
Section 5-1-2 Purpose and intent of special and overlay districts.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Special purpose zoning districts.
(1)
Old and Historic. This district should maintain appropriate character and design through utilization of historic guidelines and review of development by a Historic Preservation Review Board. The purpose of the Old and Historic (OH) District, in accordance with Code of Virginia, § 15.2-2306, is to:
a.
Preserve the unique cultural heritage represented by the original section of the Town of Abingdon and the site of Black's Fort and the Town's historic resources for future generations; and
b.
Promote historic resources for economic development and financial stability, preserve historic resources for educational purposes, and promote quality of life and a sense of place for Town residents.
(2)
Planned Technology District. The purpose of the Planned Technology Development (PTD) District is for high technology manufacturing and industrial uses. Supporting accessory uses and facilities, including offices, commercial establishments, and residential areas may also be permitted. The PTD District is intended to be designed with a park-like setting that complements surrounding land uses by means of appropriate siting of buildings, controlled access points, attractive and harmonious architecture, effective landscape buffering and common open space with scenic view easements. The district is intended to provide flexibility in design and site layout, allow latitude in combining different types of uses within a single development, and provide the developer with incentives to create an aesthetically pleasing, functional and environmentally friendly planned development.
a.
In addition, the intent of the planned technology development district is to provide certain industries that are clean and environmentally efficient the opportunity to locate in an area of similar technologies in what is generally known as a mixed-use park, developed under a complete, comprehensive site plan. Standards are provided for landscaping, buffering and open space to encourage high technology industries and to ensure a park-like atmosphere. Important in determining the location and size of a PTD are the accessibility of the location, the availability of public utilities, public safety services and the suitability of the topography for site and building development purposes.
(3)
Planned unit development. The purpose of the Planned Unit Development (PUD) District is to encourage and permit variation in residential developments by allowing deviation in lot size, bulk or type of dwelling, density, lot coverage and open space from that required in any one residential district. Supporting accessory uses and facilities, including neighborhood-style, low-intensity businesses and mixed uses are also permitted. This district encourages innovative and attractive design in pedestrian-oriented environments, while allowing greater flexibility in land use and design.
(b)
Overlay Districts.
(1)
Flood hazard overlay. The purpose of the Flood Hazard (FH) Overlay District is to establish and identify those areas which should be subject to special regulations on account of a greater probability of flooding thereon. The purposes of establishing such areas are to protect life and property; to reduce public costs for flood control, rescue, and relief efforts; to protect recognizable ecological values; to prevent the creation of health and safety hazards, disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, the impairment of the tax base; and to support and conform to the National Flood Insurance Program.
(2)
Airport Safety Overlay. The Virginia Highlands Airport Safety Overlay District is adopted pursuant to Code of Virginia, § 15.2-2294 et seq., as amended. The Zone consists of the airspace over and around the Virginia Highlands Airport. The purpose of this Zone is to identify and regulate obstructions within that airspace. In order to accomplish the necessary controls for this area, the boundaries of this Overlay District shall be concurrent with those of those specific geometric standards as referred to in the Code of Virginia, § 15.2-2294 et seq., as amended. The intent of the Virginia Highlands Airport Safety Overlay Zone is to prevent any obstruction that has the potential for endangering the lives and property of the users of the Virginia Highlands Airport and the residents of the Town of Abingdon, Virginia, and to reduce the size of areas available for landing, take off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. It is declared in the interest of the public health, safety, and general welfare that:
a.
The creation or establishment of obstructions that are hazards to air navigation be prevented;
b.
The creation or establishment of an obstruction has the potential for being a public nuisance and may injure the area served by the Virginia Highlands Airport;
c.
The Town of Abingdon, Virginia, area derives economic development and enhanced interstate commerce from Virginia Highlands Airport when such airport and its surrounding vicinity is held strictly to the highest possible safety standards; and
d.
The prevention of these obstructions should be accomplished, to the fullest extent legally possible, by the exercise of the police power without compensation.
(3)
Historic District Entrance Corridor Overlay District. The purpose of the Historic District Entrance Corridor (EC) Overlay District, in accordance with the Code of Virginia, § 15.2-2306, is to:
a.
Achieve a balanced land use pattern that retains Abingdon's small-town character while accommodating quality growth in a planned manner;
b.
Insure that future business and employment centers do not adversely affect or overburden the public facilities, environment or existing Town character of Abingdon;
c.
Protect and enhance Abingdon's attractiveness;
d.
Protect Abingdon's scenic, historic, architectural, and cultural resources;
e.
Support and stimulate development which is appropriate and complimentary to the numerous properties of historic, architectural, and cultural significance throughout the Town; and
f.
Protect and enhance the architectural and scenic character of significant access routes to the Town's historic areas, promote orderly and attractive development along these significant access routes, and ensure that development within this district is compatible with these resources through architectural control of development.
Section 5-2-1 Boundaries.
[1-3-2023 by Ord. No. 2023.01.03]
The boundaries of the OH District shall in general be drawn to include:
(1)
Areas containing historic landmarks as established by the Virginia Board of Historic Resources, and any other concentration, linkage or continuity of buildings, structures, or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance and integrity as to warrant conservation and preservation. The District may include either individual buildings or places of such character and a reasonable distance beyond to incorporate the contributing setting, or it may include areas or groupings of resources which have significance relative to their patterns of development or social and economic or architectural interrelationships even though some in the defined area might not possess significant merit when considered alone.
(2)
OH District boundaries may also be drawn to include any area of unique architectural value located within designated conservation, rehabilitation or redevelopment districts and land contiguous to arterial streets or highways, as designated under Title 33.2 of the Code of Virginia, 1950, as amended, found by the Town Council to be significant routes of tourist access to the locality or to designated historic districts, landmarks, buildings, or structures.
(3)
The boundaries of the OH District shall conform to the boundaries of individual lots of record to the extent possible. Where a street is proposed as a historic district boundary, the edge right-of-way adjoining the district shall be deemed the district boundary.
(4)
OH Districts may be established by the Town Council when such designation of historic sites would serve the purposes of this division, as stated in Section 5-1-2, Purpose and intent of special and overlay districts.
(5)
OH Districts shall be established in accordance with Section 5-2-2, designation of historic districts and landmarks.
Section 5-2-2 Designation of historic districts and landmarks.
[1-3-2023 by Ord. No. 2023.01.03]
Upon recommendation of the Historic Preservation Review Board (HPRB) and adoption by the Town Council, the OH District may be enlarged or contracted, new historic districts may be established, and individual historic landmarks may be established or recognized to the full extent of the powers granted the Town in the Code of Virginia, § 15.2-2306, as amended.
(1)
Preliminary research. The HPRB shall undertake to establish and maintain a list of structures, sites and areas having a special historical, architectural or aesthetic interest or value.
(2)
Recommendation of historic districts and landmarks. The HPRB may recommend to the Town Council the initiation of an amendment to this article to designate landmarks and historic districts from the list established under Section 5-2-2(1) above, giving the reasons for its recommendation. Any such amendment shall be in accordance with the provisions of Code of Virginia, § 15.2-2280 et seq., as amended.
(3)
Criteria for selection. A building, structure, group of structures, area, site or district may be recommended for designation as a landmark or historic district if it or they are significant by reason of one or more of the following:
(4)
Boundaries. In the HPRB's recommendation to the Town Council, historic districts or individual landmarks must be precisely designated by a legally sufficient description.
(5)
Other parties who may apply for designation. Designations may also be initiated upon the written application to the Board of one or more owners of property within any area thought to qualify for selection under Section 5-2-2(3), giving the basis or reason for its qualification and a legally sufficient description of the property concerned. The HPRB shall, at its next regular meeting, schedule a hearing on the application at a time which gives at least 30 days' written notice to any owner who has not joined in or ratified the application. Similarly, either the Town Council or the Planning Commission may, on its own volition, initiate designations under this section.
(6)
Moratorium on alteration or demolition while designation pending. So long as any proceedings have been filed and are pending under this section, the HPRB shall not approve any subsequently filed application for a certificate of appropriateness or other permit to erect, construct, reconstruct, alter, restore, move or demolish any building, structure or other feature on a site or area included in or encompassed by the proceedings; provided, if final action on the proceedings has not been completed within the ninety-day period following initiation of the proceedings, the certificate of appropriateness or other permit may be approved.
Section 5-2-3 OH Subdistricts established.
[1-3-2023 by Ord. No. 2023.01.03]
To better direct development and to preserve the existing character in the OH District, the following subdistricts are established:
Section 5-2-4 Purpose and intent of OH Subdistricts.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Subdistrict 1 - Civic/Business-Focused. The primary purpose of Subdistrict 1 - Civic/Business-Focused is to preserve structures and uses of a civic and business nature that:
(b)
Subdistrict 2 - Residential-Focused. The primary purpose of Subdistrict 2 - Residential-Focused is to preserve and promote uses of a residential nature, including single-family, two-family, and multifamily dwellings and accessory uses.
(c)
Subdistrict 3 - Artisan-Focused. The primary purpose of Subdistrict 3 - Artisan-Focused is to develop and foster the arts by providing workspaces for artisans and small-scale showrooms for the selling of wares and art pieces. Subdistrict 3 - Artisan-Focused is also intended to accommodate residential uses necessary to meet the needs of the community.
(d)
Subdistrict 4 - Sinking Spring Cemetery. The purpose of Subdistrict 4 - Sinking Spring Cemetery is to preserve the Sinking Spring Cemetery for current and future use of its burial grounds and to allow for accessory uses.
(e)
Subdistrict 5 - Muster Grounds. The purpose of Subdistrict 5 - Muster Grounds is to ensure the Town's historic muster grounds continued use as a historical resource for citizens of the Town and travelers.
Section 5-2-5 Area, setback, frontage, yard, and height regulations.
[1-3-2023 by Ord. No. 2023.01.03]
The OH District shall follow the general established pattern already in existence in the district insofar as area, setback, frontage, yard, and height regulations are concerned. Except accessory buildings, which shall:
Section 5-2-6 Certificate of appropriateness required to erect, construct, reconstruct, alter, restore, move, or demolish a building.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
A certificate of appropriateness issued by the HPRB is required to erect, construct, reconstruct, alter, restore, move, or demolish a building visible from the public right-of-way or when visibility is blocked by landscaping as dictated by Article III, Permits and Applications, except as provided below in Section 5-2-6(a)(1).
(1)
Routine maintenance and minor action exclusion. Upon written application, the Director of Community Development or designee of the Town of Abingdon (the "Administrator") may determine that certain minor actions involving buildings and structures within the OH District will have no permanent effect on the character of the district and, by written waivers issued to the parties wishing to take the minor actions, exempt them from review by the HPRB. Each application for waiver must be on the form provided by the office of the Administrator and documented by appropriate samples of the materials and colors to be used in taking the minor actions. With respect to each waiver issued hereunder, the Administrator shall see to it through the Town's Inspection Department that the work performed and materials employed comply with the terms of the particular waiver; provided, however:
a.
If the Administrator is uncertain about his authority to grant a waiver or if the Administrator and the applicant cannot agree on changes in any application for waiver, the application shall be referred to the HPRB at its next regularly scheduled meeting for a decision on the question, which decision shall be final;
b.
If the Administrator denies an application for a waiver, the applicant may appeal the Administrator's decision to the HPRB, in which case the HPRB's decision shall be final; and
c.
If a waiver is issued and the work is commenced but in the opinion of the Administrator the work does not qualify for a waiver the Administrator shall order that the work be stopped until the applicant secures a certificate of appropriateness pursuant to Article III, Permits and Applications. In any such case the applicant may appeal to the HPRB, whose decision on the question shall be final.
(b)
The Administrator shall provide the HPRB with a copy of each application for a waiver at the HPRB's regularly scheduled meeting next following the date the application was received.
Section 5-2-7 Maintenance of historic properties.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Protective maintenance required. Pursuant to Code of Virginia, § 15.2-2280, as amended, all unoccupied buildings and structures subject to this article shall be preserved against decay and deterioration, maintained free from structural defects and repaired to the extent necessary to prevent irreparable damage. For purposes of this article, a building or structure is unoccupied if in the preceding 12 calendar months no person has inhabited the premises on a continuous basis as a residence, place of work or place of carrying on official duties.
(b)
Standard of maintenance and repair required. The maintenance and repair required by this Section 5-2-7 must be sufficient to:
(1)
Protect the structural components of the building or structure and its exterior from damage by reason of either collapse or deterioration to such an extent that repair and preservation are not economically feasible; and
(2)
Maintain the character of the district in which the building or structure is located. Specific items of maintenance and repair include but are not limited to correction of any of the following defects:
a.
Deterioration of exterior walls, chimneys, foundations or other vertical support.
b.
Deterioration of flooring or floor supports, roofs or other horizontal members.
c.
Leaning, sagging, splitting, listing or buckling caused by deterioration under Subsection (b)(2)a and b.
d.
Deterioration or crumbling of exterior plasters or mortars.
e.
Defective waterproofing of exterior walls, roofs and foundations including windows and doors.
f.
Inadequate weather protection for exterior wall and roof coverings, including lack of paint.
g.
Insect infestation, rotting, holes and other forms of decay.
h.
Deterioration of exterior stairs, porches, handrails, window and door frames.
i.
Deterioration of architectural details, including cornices, entablatures and wall facings.
j.
Delamination, instability, crumbling or loss of shape from deterioration under Subsection (b)(2)f and g.
k.
Deterioration of fences, gates and accessory structures.
(c)
Enforcement. When it is brought to the attention of the Board that a property may have deteriorated to the point that it cannot meet the standards specified in Section 5-2-7(b) above, the Board shall first request a meeting with the property's owner or authorized representative (including without limitation executor, administrator, or trustee) and endeavor to discuss with such person ways to improve the condition of the building or structure in accordance with a mutually agreeable time schedule. If such procedure leads to correction of the violation to the Board's satisfaction, no further action will be taken.
(1)
If the informal procedure does not lead to correction of the condition, the Board shall request that the Administrator cause the condition of the building or structure to be investigated further through the Town's Building Inspector acting as an agent for the Board and, within 14 days thereafter, make a determination whether it is in violation of this Section 5-2-7. If such investigation leads to a determination there is no violation, no further action will be taken.
(2)
If the investigation leads to a determination that there is a violation or probable violation, the Administrator shall give the owner or authorized representative as described above written notice in which the repairs and work necessary to comply with the provisions of this Section 5-2-7 are specifically described and ordered to be performed. The repairs and work shall be completed within 90 days from receipt of notice or such longer period of time the Administrator may specify consistent with the extent of the repairs and work, subject to extension for good cause demonstrated to the Administrator.
(3)
Failure to complete the necessary repairs and work within the period allowed for completion under the preceding Section 5-2-7(c)(2) shall constitute a violation of this article punishable as specified in Article II, Division 5, of this chapter. In addition, the Board may, after due notice to the owner or authorized representative as described above, direct the Administrator to enter the property and make or cause to be made such repairs as are necessary to preserve the integrity and safety of the building or structure and charge the reasonable cost thereof to the owner, which charge shall, so long as it remains unpaid, constitute a lien against the real property upon which the building or structure is situated.
(4)
In addition to any other available ground for relief, any owner aggrieved by an order issued under the preceding Section 5-2-7(c)(3) may file a written petition with the Board for relief on the ground that the performance of the repairs and work would cause undue economic hardship. To perfect such remedy the petition must:
a.
Be filed with the Board within 10 days after receipt of such notice and order; and
b.
Include evidence bearing on the claim for relief and circumstances of hardship including at a minimum the following items:
1.
Nature of ownership, whether business or individual.
2.
Financial resources of the owner claiming economic hardship.
3.
Cost of repairs and work provided in the notice and order.
4.
Assessed value of the pertinent land and improvements.
5.
Real estate taxes and annual debt service for the previous two years.
6.
Any listing of the property for sale or rent and offers received, if any.
7.
Annual gross income and cash flow received from leasing or other use of the property for the previous two years.
8.
Itemized operating and maintenance expenses for the previous two years.
(5)
If the remedy is so perfected, the notice and order shall be stayed, and within 30 days after any such petition is filed the Board shall schedule a public hearing on the claim of undue economic hardship. Following a full hearing on the merits, the Board shall, within 30 days thereafter, make a finding whether or not the notice and order would entail undue economic hardship and enter the reasons for such finding into the record.
(6)
If the finding is that undue economic hardship would result, it shall be accompanied by a recommended plan to relieve the hardship which has included in its consideration:
a.
Any available property tax relief;
b.
Loans or grants from the Town, county or other public, private or nonprofit sources;
c.
Acquisition of the property by purchase or eminent domain;
d.
Modification of the building code or changes in applicable zoning regulations;
e.
Relaxation of this article sufficient to mitigate the economic hardship; and
f.
Any other available means of relief known to the Board. The Board shall report its finding to the Administrator, who shall issue an order for the property to be repaired within the time specified in Section 5-2-7(c)(1) in the case of a finding of no undue economic hardship and an order for the property to be repaired or otherwise handled according to the recommended plan in the case of a finding of economic hardship.
Section 5-3-1 Boundaries.
[1-3-2023 by Ord. No. 2023.01.03]
The boundaries of the EC District shall be the boundaries of the Office and Institutional District, business districts, and Limited Industrial Districts (OI, B-1, B-2, B-3, and M-1), as they are found on the following streets of the Town:
Section 5-3-2 Permitted uses.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Unless otherwise specified herein, uses which are permitted in the underlying districts shall be permitted in the EC District.
(b)
Uses permitted with a special use permit in the underlying districts shall be permitted with a special use permit in the EC District.
(c)
When otherwise permitted in the underlying district, any newly constructed building intended to be occupied with greater than 50,000 square feet of floor area devoted to retail use shall require a special use permit in the EC District.
(d)
Temporary, mobile and modular structures. No temporary, mobile or modular structure, including portable storage containers, may be placed or used in this Zoning District, with the exception that temporary structures may be placed upon property within this District by contractors for their use during development and construction upon property within this District.
Section 5-3-3 Area regulations.
[1-3-2023 by Ord. No. 2023.01.03]
Uses, buildings, and structures shall be subject to regulations for lot area, lot width, street frontage, setback, height, yards, parking and signs applicable in the underlying districts in which they are located.
Section 5-3-4 Certificate of appropriateness required to erect, construct, reconstruct, alter, restore, move, or demolish a building.
[1-3-2023 by Ord. No. 2023.01.03]
A certificate of appropriateness is required to erect, construct, reconstruct, alter, restore, move, or demolish a building as dictated by Article III, Permits and Applications.
Section 5-3-5 Administration.
[1-3-2023 by Ord. No. 2023.01.03]
The Planning Commission shall be responsible for the issuance of certificates of appropriateness as required by this chapter. Application for a certificate of appropriateness shall be filed with the Administrator, as dictated by Article III, Permits and Applications.
Section 5-3-6 Review process.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
The Planning Commission shall review the application and, if approved, shall issue a certificate of appropriateness, with or without conditions, together with any modifications deemed necessary to ensure compliance with this section. Failure of the Planning Commission to act within 60 days from the date of application shall constitute approval of the application.
(b)
In making its determinations, the Planning Commission may consider any architectural feature which influences appearance, such as, but not limited to motif and style, color, texture and materials, configuration, orientation, mass, shape, height and location of buildings, location and configuration of parking areas, landscaping and buffering. The Administrator and/or the Town Manager or their designees shall approve signs.
(c)
In case of a building or use for which a special use permit is required, issuance of a certificate of appropriateness by the Planning Commission shall be required as set forth in Article III, Permits and Applications. Such certificate of appropriateness shall be advisory to the Town Council, and shall be construed to be a part of the Planning Commission's recommendation to the Council on the special use permit. The Town Council may attach such conditions or modify the certificate of appropriateness, as it deems necessary in conjunction with its action on the special use permit.
Section 5-4-1 Site plans and applications required.
[1-3-2023 by Ord. No. 2023.01.03]
A site plan and application shall be required and approved by the Planning Commission before development of a PTD site, in accordance with Article III, Permits and Applications.
(a)
Site development regulations.
(1)
Each PTD shall be subject to the following site development regulations:
Table 5.4.2. PTD Site Development Regulations | ||||
|---|---|---|---|---|
A. | Minimum district size | 5 acres | ||
B. | Minimum frontage and lot width | None | ||
C. | Minimum yard | |||
1. | Front yard | |||
a. | Abutting public streets external to the PTD | 30 feet from existing public right-of-way | ||
b. | Abutting public streets internal to the PTD | 10 feet from existing public right-of-way | ||
c. | Abutting private streets internal to the PTD | 30 feet | ||
2. | Side yards adjoining a residential or open space zone | 10 feet | ||
3. | Rear yard adjoining a residential or open space zone | 10 feet | ||
D. | D. Maximum lot coverage | Determined through the preliminary site plan process and not to exceed 75% | ||
E. | Minimum open space | 20% of gross acreage excluding slopes greater than 15%, streets, and parking | ||
F. | Maximum height[3] | |||
1. | Property adjoining residential zones or uses | 45 feet[1] | ||
2. | All other locations | Unlimited | ||
Notes for Table 5.4.2 PTD Site Development Regulations | |
[1] | The maximum height may be increased provided each required yard (side, rear, or buffer) adjoining a residential district or use is increased by two feet above the minimum for each foot in height over 45 feet |
(2)
All developments within the PTD shall follow the community design standards dictated by Article VIII, except as provided below:
(a)
Buffering and screening. In no case shall a buffer screening area adjoining any residential district or use be less than 10 feet in width.
(b)
Public streets. Public streets in the PTD shall be built in accordance with Town of Abingdon minimum standards. In reviewing the PTD preliminary site plan, the Planning Commission may recommend, and the Town Council may approve, one or more private streets within the proposed district. Private street standards, specifications, and a proposed maintenance agreement shall be submitted with the preliminary site plan.
(c)
Enclosed structures. Every structure in a PTD shall be a fully enclosed building of permanent construction. Any outside storage area shall be fully screened so that no materials so stored are visible at any lot line or public right-of-way.
(d)
Utilities. Utilities shall be underground unless the type of service necessary for normal activities of the industry or business shall prohibit installation. Public water and sewer services are required in the PTD.
Section 5-5-1 Site plans and applications required.
[1-3-2023 by Ord. No. 2023.01.03]
A site plan and application shall be required and approved by the Planning Commission before development of a PUD site, in accordance with Article III, Permits and Applications.
Section 5-5-2 Use regulations.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Primary residential uses. Primary residential uses are allowed as defined in Article VI, Use Permissions. No PUD shall be allowed which does not incorporate a variety of dwelling types.
(b)
Secondary nonresidential uses. Secondary nonresidential uses are allowed as defined in Article VI, Use Permissions. Such nonresidential uses shall be compatible with and secondary to the primary residential use. No building devoted primarily to a commercial use shall be built or established prior to the construction of at least 65% of the primary residential buildings or uses it is designed or intended to serve.
Section 5-5-3 PUD dimensional and design requirements.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Density, area, and minimum standards.
(1)
Gross density. The gross density within a planned unit development shall be computed by dividing the total number of proposed dwelling units within the development by the gross development area. The maximum gross density shall not exceed 20 units per acre, unless higher density is allowed in the existing district.
(2)
Minimum area. A planned unit development shall contain a minimum of five acres of land.
(3)
Minimum development standards. Minimum lot size, maximum lot coverage, street width, setbacks, height, and distance between buildings shall meet health, safety and welfare requirements of the site plan as defined in Article III, Permits and Applications, and as directed by the Department of Health, the Building Official, Director of Community Development or designee, and other pertinent state and local officials.
(b)
Parking and loading, lighting, landscaping and screening, drainage, and sign requirements.
(1)
Parking and loading. Off-street parking and loading shall be provided for all uses in accordance with the requirements of Article VIII of this chapter.
(2)
Lighting. Lighting shall be provided for all uses in accordance with the requirements of Article VIII of this chapter.
(3)
Landscaping and screening. Any part of the lot or project area not used for buildings or other structures, parking, loading, and access ways, shall be maintained in a neat and orderly condition landscaped with grass, trees, shrubs, or pedestrian walks and in accordance with the requirements of Article VIII of this chapter. Required screening shall be in accordance with the requirements of Article VIII of this chapter.
(4)
Drainage. Provisions shall be made for proper stormwater drainage from parking and loading areas. Water shall not be permitted to drain from such areas onto adjacent property except into a natural watercourse or a drainage easement. Provisions shall be made for protection against erosion and sedimentation in accordance with applicable Town ordinances.
(c)
Common open space and community facilities.
(1)
The conserved open space within a planned unit development shall be at least 20% of the gross acreage of the planned unit development. No more than 25% of the required percentage of open space shall be in the form of water surfaces or wetlands. The following shall not be counted as open space:
(2)
Additional recreation areas and facilities, such as playgrounds, tennis courts, basketball courts, swimming pools and community buildings should be provided which will meet the anticipated needs of the clientele the planned unit development is designed to serve. Provision of separate adult and juvenile recreation areas is encouraged.
(d)
Utilities, services, and easements. Structures within the planned unit development shall be connected to public water and sewer lines and all utility lines shall be placed underground, except for major electrical transmission lines. Adequate provisions to take care of on- and off-site drainage shall be provided. Adequate provisions for utility and drainage easements shall be provided.
(e)
Access and circulation. A circulation system shall be so designed so as to provide for safe and convenient access to dwelling units, open space, community facilities and other nonresidential areas in the planned unit development. Principal vehicular access points shall be designed to permit smooth traffic flow and minimum hazards to vehicular, bicycle or pedestrian traffic. The internal circulation system shall be adequate for vehicular, bicycle and pedestrian movement and should discourage through traffic. Adequate access and circulation for emergency and service vehicles shall be provided.
Section 5-5-4 Open space and low-income housing incentives.
[1-3-2023 by Ord. No. 2023.01.03]
The following incentives shall apply to PUDs in accordance with the Code of Virginia, § 15.2-2286(A)(10):
(1)
Open space incentive. For each 5% increment of additional usable open common space above 20% per gross area minimum, the developer will be allowed a corresponding increase in density of one unit per acre above the density figure computed in Section 5-5-3(a). The calculation and designation of usable open space shall be acceptable to the Town. An open space easement shall be placed on the area identified as open space. This area shall not be converted to a built lot at a future date. The open space must be protected in perpetuity.
(2)
Low-income housing incentive. For each low-income housing unit, as defined by the U.S. Department of Housing and Urban Development, as modified and adopted by the Town Council, in a given planned unit development, the developer may have one additional unit over and above the number of units allowed, as computed in Section 5-5-3(a), except that the gross density shall not exceed more than 50% over and above the maximum allowed density in the planned unit development. The housing units must be protected as affordable in perpetuity through a methodology proposed by the developer.
 |
Section 5-5-5 Management, ownership, and termination.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Management of common open space, properties, and facilities:
(1)
All common open space, properties and facilities shall be preserved for their intended purposes as expressed in the approved site plan. The developer shall provide for the establishment of an association or nonprofit corporation of all individuals or corporations owning property within the planned unit development to ensure the maintenance of all common open space, properties, and facilities.
(2)
All privately owned common open space shall continue to conform to its intended use and remain as expressed in the site plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the site plan. The deed restrictions shall run with the land and shall be for the benefit of present as well as future property owners and shall contain a prohibition against partition.
(3)
All common open space as well as public and recreational facilities shall be specifically included in the development schedule and shall be constructed and fully improved by the developer at a proportionately equivalent or greater rate than the construction of residential structures.
(4)
The nonprofit corporation or association established to own and maintain common open space properties and facilities shall conform to the following requirements and the developer shall obtain the approval of the Town Attorney as to acceptability of incorporation documents:
a.
The developer must establish the association or nonprofit corporation prior to the final approval, recording and sale of any lot.
b.
Membership in the association or nonprofit corporation shall be mandatory for all residents within the planned unit development and the association or corporation shall not discriminate in its members or shareholders.
c.
The association or nonprofit corporation documents shall set forth the purposes of the permanent organization under which common ownership is established including its purposes; how it shall be governed and administered; the provisions made for permanent care and maintenance of the common property, including necessary bonds when required by the Town; and the method of assessing the individual property for its share of the cost of administering and maintaining such common property.
d.
The incorporation document shall set forth the extent of common interest held by the owner of each individual parcel in the tract held in common with others.
(b)
Ownership of development. All property in a planned unit development shall remain under primary control and ownership of a developer or group of developers and shall not be leased or sold unless or until provision is made which ensures the participation by the properties leased or sold in the retention and maintenance of common open space and community facilities in accordance with Section 5-5-3(c). Certificate of compliance indicating that such arrangements have been made shall be issued by the Town prior to the sale or lease of the property by the developer.
(c)
Termination. Should the project for which the PUD Zoning District was established be terminated for any reason, such District may be terminated upon the initiative of the Planning Commission or Town Council and after proper rezoning notices and hearings.
Section 5-6-1 Additional definitions.
[1-3-2023 by Ord. No. 2023.01.03]
For purposes of this article, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:
The official charged with the enforcement of this article.
Virginia Highlands Airport.
The highest point on any usable landing surface expressed in feet above mean sea level.
A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.
A surface, whose design standards are set by the regulations, longitudinally centered on a runway center line, extending outward and upward from the end of the primary surface, and at the same slope as the approach zone height limitation slope. The perimeter of the approach surface coincides with the perimeter of the approach zone.
A zone that extends away from the end of the primary surface with the floor set by the approach surface for a distance set by the regulations.
A surface, whose design standards are set by the regulations, extending, and sloping horizontally and vertically from the periphery of the horizontal surface, like a cone, currently set by the Code of Federal Regulations at a slope of 20 to 1 for a horizontal distance of 4,000 feet to a height of 500 feet above the airport elevation.
A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.
An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace in the commonwealth.
For the purpose of determining the height limits in all zones of this article and shown on the zoning map, the datum shall be mean sea level (MSL) elevation unless otherwise specified.
A horizontal plane, whose design standards are set by the regulations, above the established airport elevation, currently established at 150 feet above the airport elevation, and the perimeter of which is established by swinging arcs of specified radii from the center of each primary surface of each runway of the airport and connecting the arcs by lines tangent to those arcs.
The National Geodetic Vertical Datum (NGVD) to which base flood elevations shown on the firm are referenced.
Any preexisting structure or object of natural growth which is inconsistent with the provisions of this chapter or any amendment to this chapter.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, or penetrates any surface or zone floor, as set forth in this article.
A document issued by the Town of Abingdon, Virginia, allowing a person to begin an activity which may result in any structures or vegetation exceeding the height limitations provided for in this article.
Any individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity. The term includes a trustee, a receiver, an assignee, or a similar representative of any of them.
A surface, whose design standards are set by the regulations, longitudinally centered on a runway, which primary surface currently extends 200 feet beyond the hard surface of each end of the airport runway. The width of the primary surface is prescribed as set forth in the regulations. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
Part 77.25 et seq., Subchapter E (Airspace) of Title 14 of the Code of Federal Regulations and/or its successor federal regulations, as they may be amended or substituted from time to time.
A specified area on the airport prepared for landing and take off of aircraft.
Any object, including a mobile object, constructed, or installed by any person, including but not limited to buildings, towers, cranes, smokestacks, earth formations, towers, poles, and electric lines of overhead transmission routes, flag poles, and ship masts.
Surfaces, whose design standards are set by the regulations, which extend outward perpendicular to the runway center line sloping from the sides of the primary surfaces and approach surfaces to where they intersect the horizontal surfaces and conical surfaces.
A zone that fans away perpendicular to the runway center line and approach surfaces, with the floor set by the transitional surfaces.
Any object of natural growth.
All areas generally described in three dimensions by reference to ground elevation, vertical distances from the ground elevation, horizontal distances from the runway center line and the primary and horizontal surfaces, with the zone floor set at specific vertical limits by the surfaces found in the regulations.
Section 5-6-2 Establishment of airport safety zones.
[1-3-2023 by Ord. No. 2023.01.03]
There are hereby established the airport zone, approach zone, transitional zone, and conical zone as defined in this division, including all of the area and airspace of the Town of Abingdon, Virginia, lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Virginia Highlands Airport and as the areas within those zones are defined from time to time by the regulations. These zones are established as overlay zones, superimposed over the existing land surface zones, a map of which shall be maintained by the Town of Abingdon, VA. These zones are zones of airspace that do not affect the uses and activities of the land surface zones, except as provided for in Section 5-6-4, Use restrictions, and Section 5-6-5, Restrictions adjacent to airports. An area located in more than one of the following zones is considered to be only in the zone having the most restrictive height limitation.
Section 5-6-3 Zone height limitations.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Except as otherwise provided in this article, in any zone created by this chapter no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, also known as the floor, of any zone provided for in this article at any point.
(b)
The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25 et seq., Subchapter E (Airspace), of Title 14 of the Code of Federal Regulation, or in successor federal regulations.
Section 5-6-4 Use restrictions.
[1-3-2023 by Ord. No. 2023.01.03]
Notwithstanding any other provision of this article, and within the area below the horizontal limits of any zone established by this chapter, no use may be made of land or water in such a manner as to:
(1)
Create electrical interference with navigational signals or radio communication between the airport and aircraft;
(2)
Diminish the ability of pilots to distinguish between airport lights and other lights;
(3)
Result in glare in the eyes of pilots using the airport;
(4)
Impair visibility in the vicinity of the airport;
(5)
Create the potential for bird strike hazards; or
(6)
Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft in the vicinity of and intending to use the airport.
Section 5-6-5 Restrictions adjacent to airports.
[1-3-2023 by Ord. No. 2023.01.03]
Places of assembly, religious assembly, educational facilities, hospitals, multifamily dwellings, commercial indoor recreation/entertainment, as defined in Article VI, Use Permissions, shall not be erected or otherwise located in any area which would be classified as an approach zone.
Section 5-6-6 Additional requirements for nonconforming uses, lots, and structures.
[1-3-2023 by Ord. No. 2023.01.03]
Notwithstanding the other provisions of Article IX, Nonconforming Uses, Lots, and Structures, the owner of any preexisting nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the Administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure or vegetation in question.
Section 5-6-7 Permits and variances.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Except as provided in this division, no structure or vegetation shall be erected or otherwise established in any zone created by this article unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired with and sufficient geometric specificity and height specificity, including references to mean sea level if necessary, to determine whether the resulting structure or vegetation would conform to the regulations prescribed in this article. No permit for a structure or vegetation inconsistent with this article shall be granted unless a variance has been approved as provided in this article.
(b)
No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure or vegetation to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto, other than with relief as provided for in this article. All nonconforming uses shall obtain a zoning permit and a certificate of occupancy within 60 days from the effective date of this chapter. Such permits shall be issued promptly upon the written request of the owner or operator of a nonconforming use.
(c)
Whenever the Administrator determines that a nonconforming structure has been abandoned or more than 50% destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure or vegetation to be rebuilt, reconstructed, restored, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this article, except with the relief as provided for in this article.
(d)
Any person desiring to erect or increase the height or size of any structure or vegetation not in accordance with the regulations prescribed in this article may apply for a variance from these regulations in accordance with Article II of this chapter. The application for a variance shall be accompanied by an appropriate application form provided by the Virginia Highlands Airport Commission, which form may be obtained from the Administrator. The application to the Virginia Highlands Airport Commission shall be deemed approved if no response is received by the Administrator from the Virginia Highlands Airport Commission within 21 days after the completed form is received by the Virginia Highlands Airport Commission. Any such application for a variance shall be accompanied by:
(1)
Evidence of the submission of the necessary notice of proposed construction or alteration to the Federal Aviation Administration together with its action.
(2)
A determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.
Section 5-7-1 Authority and purpose.
[1-3-2023 by Ord. No. 2023.01.03]
This division is adopted pursuant to the authority granted to localities by the Code of Virginia, § 15.2-2280, and may be referred to as the "Town of Abingdon Floodplain Overlay District," "Floodplain Overlay," or "Flood Hazard Overlay."
Section 5-7-2 Applicability.
[1-3-2023 by Ord. No. 2023.01.03]
This chapter shall apply to all lands within the jurisdiction of the Town of Abingdon and identified as special flood hazard areas (SFHAs) identified by the Town or shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to the Town by FEMA.
Section 5-7-3 Compliance and liability.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered, except in full compliance with the terms and provisions of this division and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this division.
(b)
The degree of flood protection sought by the provisions of this division is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study but does not imply total flood protection.
(c)
This division shall not create liability on the part of the Town of Abingdon or any officer or employee thereof for any flood damages that result from reliance on this division or any administrative decision lawfully made thereunder.
Section 5-7-4 Abrogation and greater restrictions.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
This division supersedes any locally adopted flooding regulations currently in effect in flood-prone districts. Any regulations, however, shall remain in full force and effect to the extent that its provisions are more restrictive.
(b)
These regulations are not intended to repeal or abrogate any existing ordinances including subdivision, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.
Section 5-7-5 Severability.
[1-3-2023 by Ord. No. 2023.01.03]
If any section, subsection, paragraph, sentence, clause, or phrase of this division shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this division. The remaining portions shall remain in full force and effect and for this purpose, the provisions of this division are hereby declared to be severable.
Section 5-7-6 Violations and penalties.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Any person who fails to comply with any of the requirements or provisions of this division, or directions of the Administrator, or any other authorized employee of the Town of Abingdon, shall be subject to the penalties pursuant to the Code of Virginia, and as outlined in the VA Uniform Statewide Building Code (USBC)[1] for building code violations and Chapter 44, Land Use, of the Town of Abingdon for violations and associated penalties.
[1]
Editor's Note: See Code of Virginia, § 36-97 et seq.
(b)
In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this division. The imposition of a fine or penalty for any violation of or noncompliance with this division shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this division may be declared by the Town to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this division.
Section 5-7-7 Designation of the Administrator.
[1-3-2023 by Ord. No. 2023.01.03]
The Town shall appoint a designee to administer and implement the regulations of this division, referred to herein as the Administrator. The Administrator may:
(1)
Administer the duties and responsibilities herein.
(2)
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.
(3)
Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
Section 5-7-8 Duties and responsibilities of the Administrator.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
The duties and responsibilities of the Administrator shall include but are not limited to:
(1)
Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.
(2)
Review applications to determine whether the activities will be reasonably safe from flooding and all necessary permits have been obtained from the federal, state or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free flowing nontidal waters of the state.
(3)
Verify that an applicant proposing to alter a watercourse has notified adjacent local governments, the Department of Conservation and Recreation (DCR) Division of Dam Safety and Floodplain Management, the Virginia Department of Environmental Quality (DEQ) and the US Army Corp of Engineers (USACE) and has submitted copies of such notifications to FEMA.
(4)
Approve applications and issue permits to develop in SFHA if the provisions of this division have been met or disapprove applications if the provisions of this division have not been met.
(5)
Inspect, or cause to be inspected, prospective buildings, structures and other prospective development for which permits have been issued to determine compliance with this division or to determine if noncompliance has occurred or violations have been committed.
(6)
Review elevation certificates and require incomplete or deficient certificates to be corrected.
(7)
Submit to FEMA, or require to be submitted to FEMA, at the applicant's expense, data, and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the Town of Abingdon, within six months after such data and information becomes available if the analysis indicates changes in base flood elevations.
(8)
Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop-work orders, and require permit holders to take corrective action.
(9)
Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.
(10)
Administer the requirements related to proposed work on existing buildings that are located in SFHA that are damaged and identify needed repairs.
(11)
Undertake, as determined appropriate by the Administrator due to the circumstances, other actions, which may include but are not limited to, public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in SFHAs and assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under National Flood Insurance Program (NFIP) flood insurance policies.
(12)
Notify FEMA when the corporate boundaries of the Town of Abingdon have been modified.
(13)
Upon the request of FEMA, complete and submit a report concerning participation in the NFIP, which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.
(14)
The Town of Abingdon's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Administrator shall notify FEMA of the changes by submitting technical or scientific data. The Administrator may submit data via a LOMR. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
Section 5-7-9 Records.
[1-3-2023 by Ord. No. 2023.01.03]
Records of actions associated with administering this division shall be kept on file and maintained by the Administrator or his/her designee.
Section 5-7-10 Use and interpretation of FIRMs.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
The following shall apply to the use and interpretation of FIRMs and data:
(1)
Where field surveyed topography indicates that adjacent ground elevations:
a.
Are below the base flood elevation, even in areas not delineated as a SFHA on a FIRM, the area shall be considered as a SFHA and subject to the requirements of these regulations;
b.
Are above the base flood elevation, the area shall be regulated as a SFHA unless the applicant obtains a LOMC that removes the area from the SFHA.
(2)
In FEMA-identified SFHAs where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used.
(3)
Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.
(4)
Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.
(5)
If a preliminary FIRM and/or a preliminary FIS has been provided by FEMA:
a.
Upon the issuance of a Letter of Final Determination (LOFD) by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.
b.
Prior to the issuance of a LOFD by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Section 5-7-16(a)(2) as defined by this division and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.
c.
Prior to issuance of a LOFD by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
Section 5-7-11 Jurisdictional boundary changes.
[1-3-2023 by Ord. No. 2023.01.03]
In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v), all NFIP participating communities must notify the Federal Insurance Administration and optionally the state coordinating office in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.
Section 5-7-12 District boundary changes.
[1-3-2023 by Ord. No. 2023.01.03]
The delineation of any of the Flood Hazard Overlay may be revised by the governing body where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the United States Army Corps of Engineers or other qualified agency or an individual documents the need for a change. However, prior to any such change, approval must be obtained from FEMA. An approved Letter of Map Revision (LOMR) serves as record of this change.
Section 5-7-13 Interpretation of district boundaries.
[1-3-2023 by Ord. No. 2023.01.03]
Initial interpretations of the boundaries of the Flood Hazard Overlay shall be made by the Administrator or designee. Should a dispute arise concerning the boundaries of any of the districts, the Board of Zoning Appeals shall make the necessary determination in accordance with Article II, Administration. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board of Zoning Appeals and to submit his own technical evidence if he so desires
Section 5-7-14 Letters of map revision.
[1-3-2023 by Ord. No. 2023.01.03]
When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a Conditional Letter of Map Revision (CLOMR) or a LOMR. Examples include:
(1)
Any development that causes a rise in the base flood elevations within the floodway.
(2)
Any development occurring in Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation.
(3)
Alteration or relocation of a stream (including but not limited to installing culverts and bridges), 44 CFR 65.3 and 65.6(a)(12).
Section 5-7-15 Establishment of flood hazard zones.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Basis of flood hazard zones. The various flood hazard zones shall include special flood hazard areas (SFHA). The basis for the delineation of these zones shall be the FIS and the FIRM for Washington County, Virginia, and incorporated areas prepared by FEMA, Federal Insurance Administration, dated September 29, 2010, and any subsequent revisions or amendments thereto. The Town of Abingdon may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks, or approximated study methodologies. The boundaries of the SFHA and flood hazard zones are established as shown on the FIRM which is declared to be a part of this division and which shall be kept on file at the Abingdon Planning Department offices. The flood hazard zones described below shall constitute the Flood Hazard Overlay District. It shall be an overlay to the existing underlying zoning districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the Flood Hazard Overlay District shall serve as a supplement to the underlying district provisions.
(1)
The AE Zone shall have two categories, defined below:
a.
Category 1 areas on the FIRM accompanying the FIS are delineated for purposes of this division using the criteria that certain areas within the floodplain must be capable of carrying the water of the base flood without increasing the water surface elevation of that flood more than one foot at any point. These areas included in this district are specifically defined in Table 3 of the above-referenced FIS and shown on the accompanying FIRM on file with the Abingdon Planning Department. Category 1 areas shall be those areas for which 1% annual chance flood elevations have been provided and the floodway has been delineated.
b.
Category 2 areas on the FIRM accompanying the FIS shall be those areas for which 1% annual chance flood elevations have been provided and the floodway has not been delineated.
(2)
The AH Zone shall be those areas on the FIRM accompanying the FIS with a 1% annual chance of shallow flooding, usually in the form of a pond, with an average depth ranging from one foot to three feet. These areas have a 26% chance of flooding over the life of a thirty-year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones; for the purposes of elevation and construction standards of Section 5-7-15, the AH Zone shall be considered a Category 2 area.
(3)
The A Zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the 1% annual chance floodplain boundary has been approximated. For these areas, the base flood elevations and floodway information from federal, state, and other acceptable sources shall be used when available [44 CFR 60.3(b)].
a.
Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks) that exceed 15 lots or five acres, whichever is the lesser.
(4)
The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding identified as AO on the FIRM.
(5)
Other flood districts shall be those areas identified as Zone X on the maps accompanying the flood insurance study. This zone includes areas of 0.2% annual chance flood or areas of 1% annual chance flood with average depths of less than one foot or with drainage areas less than one square mile.
(b)
The applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Town of Abingdon.
Section 5-7-16 District provisions.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Permit requirement. All uses, activities and development occurring within the Flood Hazard Overlay shall be undertaken only upon the issuance of a special use permit. Such development shall be undertaken only in strict compliance with the provisions of this division and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC is available online, public libraries and at the office of the building official at the Abingdon Town Hall) and Article X, Subdivision, of this chapter of the Town Code of Abingdon.[1] Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways or any watercourse, drainage ditch or any other drainage facility or system.
[1]
Editor's Note: See Code of Virginia, § 36-97 et seq.
(b)
Site plans and permit applications. All applications for development within any flood hazard district and all permits issued for the flood hazard districts shall incorporate the following information:
(1)
The elevation of the base flood at the site;
(2)
The elevation of the lowest floor (in relation to mean sea level), including the basement, of all new and substantially improved structures;
(3)
For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed;
(4)
Topographic information showing existing and proposed ground elevations.
(c)
General standards. The following shall apply to all permits:
(1)
New construction and substantial improvements shall be built according to this chapter and the VA USBC, and anchored to prevent flotation, collapse, or lateral movement of the structure.
(2)
Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces.
(3)
New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(4)
New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(5)
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(6)
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(7)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(8)
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(9)
In addition to Subsection (c)(1) through (8) above, in all SFHAs, the additional provisions shall apply:
a.
Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Army Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and the Federal Emergency Management Agency.
b.
The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.
(d)
Table 5.7.16 defines the permissible uses in the Flood Hazard Overlay, provided that they are in compliance with the provisions of the underlying district and provided that the development will not increase base flood elevations:
Table 5.7.16 Flood Hazard Zones and Permitted Uses | ||
|---|---|---|
Flood Hazard Zone | Description | Permitted Uses (All structures must apply for an obtain approval of a special use permit in all Flood Hazard Zones) |
AE and AH | Category 1: areas for which 1% annual chance flood have been provided and the floodway has been delineated. Category 2: areas for which 1% annual chance flood elevations have been provided and the floodway has not been delineated. | Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting; public and private recreational uses and activities; open accessory residential uses such as yard areas, gardens, play areas and previous loading areas, but not storage or other accessory structures |
A | Areas for which no detailed flood profiles or elevations are provided, but the 1% annual chance floodplain boundary has been approximated. | All uses permitted in the AE District as well as accessory structures, except for manufactured homes, accessory to the uses and activities permitted in the AE District; utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar, related uses Temporary uses such as circuses, carnivals, and similar activities Other similar uses and activities, provided that they cause no increase in flood heights or velocities, subject to the regulations found in all other applicable codes and ordinances |
AO | Areas of shallow flooding as determined by the FIRM. | All uses permitted in the underlying zoning district as listed in Article VI, Use Permissions, subject to all other applicable codes and ordinances |
X | Areas of 0.2% annual flood and areas of 1% annual chance flood with average depths of less than one foot or with drainage areas less than one square mile. | All uses permitted in the underlying zoning district as listed in Article VI, Use Permissions, subject to all other applicable codes and ordinances |
Section 5-7-17 Elevation and construction standards.
[1-3-2023 by Ord. No. 2023.01.03; amended 8-6-2024 by Ord. No. 2024.08.06]
In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with Section 5-7-15(b), the following provisions shall apply:
(1)
In general:
a.
Within any Zone AE Category 1 area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.
1.
Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies (with the Town of Abingdon's endorsement) for a Conditional Letter of Map Revision (CLOMR) and receives the approval of FEMA.
2.
If Subsection (1)al above is satisfied, all new construction and substantial improvements shall comply will all applicable flood hazard reduction provisions of Section 5-7-17.
b.
Within any Zone AE Category 2 area, or Zone A area, until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones AE or AH on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the Town.
c.
Development activities in Zones A, AE or AH on the Town of Abingdon's FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies (with the Town's endorsement) for a CLOMR, and receives the approval of FEMA.
(2)
Residential construction:
a.
New construction or substantial improvement of any residential structure (including manufactured homes) in Zones AE, AH, and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus 12 inches.
b.
The placement of any manufactured home (mobile home) within any Flood Hazard Zone is specifically prohibited, except as a replacement for a manufactured home on an individual lot or parcel or in an existing manufactured home park or subdivision. A replacement manufactured home may be placed provided all the requirements specified below are met:
1.
In Zones A, AE, AH, and AO, all manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction, including:
ii.
Shall be anchored to prevent flotation, collapse, or lateral movement of the structure. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces; and
iii.
Shall have the lowest floor elevated to one foot above the base flood elevation.
(3)
Nonresidential construction:
a.
New construction or substantial improvement of any commercial, industrial, or nonresidential building shall have the lowest floor, including basement, elevated to or above the base flood level plus 12 inches.
b.
Nonresidential buildings located in all A, AE and AH Zones may be floodproofed in lieu of being elevated, provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are watertight with walls substantially impermeable to the passage of water and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the Administrator.
(4)
Space below the lowest floor:
a.
In Zones A, AE, AH, and AO, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:
1.
Not be designed or used for human habitation, but shall be used solely for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator).
2.
Be constructed entirely of flood resistant materials below the regulatory flood protection elevation;
3.
Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:
i.
Provide a minimum of two openings on different sides of each enclosed area subject to flooding.
ii.
The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.
iii.
If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.
iv.
The bottom of all required openings shall be no higher than one foot above the adjacent grade.
v.
Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.
vi.
Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.
(5)
Accessory structures.
a.
Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of Section 5-7-17(3) or, if not elevated or dry floodproofed, shall:
1.
Not be used for human habitation;
2.
Be limited to no more than 600 square feet in total floor area;
3.
Be usable only for parking of vehicles or limited storage;
4.
Be constructed with flood-damage-resistant materials below the base flood elevation;
5.
Be constructed and placed to offer the minimum resistance to the flow of floodwater;
6.
Be anchored to prevent flotation;
7.
Have electrical service and mechanical equipment elevated to or above the base flood elevation;
8.
Shall be provided with flood openings which shall meet the following criteria:
i.
There shall be a minimum of two flood openings on different sides of each enclosed area; if a building has more than one enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls.
ii.
The total net area of all flood openings shall be at least one square inch for each square foot of enclosed area (non-engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an Evaluation Report issued by the ICC Evaluation Service, Inc.
iii.
The bottom of each flood opening shall be one foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening.
iv.
Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area.
(6)
Recreational vehicles.
a.
All recreational vehicles place on sites must either:
1.
Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or
2.
Meet all the requirements of Section 5-7-17(2)(b).
Section 5-7-18 Existing structures in the floodplain.
[1-3-2023 by Ord. No. 2023.01.03]
A structure or use of a structure or premises which lawfully existed before the enactment of this chapter, but which is not in conformity with this chapter may be continued subject to the following conditions:
(1)
Exiting structures and/or uses in the floodway district shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation.
(2)
Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any flood hazard district to an extent or amount of less than 50% of its market value (determined by an independent licensed appraiser and as based upon percentage determination of a registered design professional, at the burden of the applicant) shall conform to the VA USBC.[1]
[1]
Editor's Note: See Code of Virginia, § 36-97 et seq.
(3)
The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a flood hazard district to an extent or amount of 50% or more of its market value (determined by an independent licensed appraiser and as based upon percentage determination of a registered design professional, at the burden of the applicant) shall be undertaken only in full compliance with this division and shall require the entire structure to conform to the VA USBC.
Section 5-7-19 Procedures for Considering Variances in the Flood Hazard Districts.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Variances shall be issued only upon:
(1)
A showing of good and sufficient cause;
(2)
After the Board of Zoning Appeals has determined that failure to grant the variances would result in exceptional hardship to the applicant; and
(3)
(b)
All actions by any agent, commission or board of the Town, including but not limited to variances, shall consider all pertinent facts found in other sections of this chapter, and especially:
(1)
The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within the Flood Hazard Overlay Zones that will cause any increase in the base flood elevation.
(2)
The danger that materials may be swept on to other lands or downstream or the injury of others.
(3)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(4)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed facility to the community.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding for the proposed use.
(8)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the Town and surrounding area.
(10)
The safety of access by ordinary and emergency vehicles to the property in time of flood.
(11)
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
(12)
The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(13)
Such other factors which are relevant to the purposes of this division.
(d)
The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to an engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.
(e)
Variances shall be issued only after the Board of Zoning Appeals has made its determination in accordance with Section 5-7-19(a) through (b) above, and as set forth in Article III, Division 10, Appeals, of this chapter of the Town Code of Abingdon, Virginia.
(f)
Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief.
(g)
The Board of Zoning Appeals shall notify the applicant for a variance, in writing and signed by the Administrator with regard to the applicant's petition. If the requested variance is authorized and the applicant is thereby allowed to construct a structure below the base flood elevation, said Board of Zoning Appeals shall include in such written communication official notification that such construction below the base flood elevation:
(h)
Should the decision of the Board of Zoning Appeals uphold the prior decision of the Administrator, an additional appeal is available, subject to the requirements of the Code of Virginia.
(i)
A record shall be maintained of the above-referenced notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance and Mitigation Administration.