Specific words, terms and phrases, used in this article, shall have the meanings ascribed to them in article II, section 86-22, definitions, general terms.

(Ord. of 10-11-2011(3), § 2)

This article shall apply to all lands within the jurisdiction of the town and identified as being in the 100-year floodplain by the Federal Emergency Management Agency.

(Ord. of 10-11-2011(3), § 2)

(a)

Generally. The purpose of this article is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

(1)

Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies.

(2)

Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.

(3)

Requiring all those uses, activities and developments that do occur in floodprone areas to be protected and/or floodproofed against flooding and flood damage.

(4)

Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

(Ord. of 10-11-2011(3), § 2)

(a)

No land shall 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 article and any other applicable articles and regulations which apply to uses within the jurisdiction of this article.

(b)

This article shall not create liability on the part of the town or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made under this article.

(Ord. of 10-11-2011(3), § 2)

This article supersedes any other provisions of this Code in effect in floodprone areas. However, any other provisions of this Code shall remain in full force and effect to the extent that those provisions are more restrictive than those contained in this article.

(Ord. of 10-11-2011(3), § 2)

(a)

In reviewing applications for special use permits and variances, the town council and the board of zoning appeals, as applicable, shall consider all relevant factors and procedures specified in other sections of this chapter and the following factors:

(1)

The danger to life and property due to increased flood heights or velocities caused by encroachments. No special use permit or variance shall be granted for any proposed use, development, or activity within the floodway district that will cause any increase in flood levels during the 100-year flood which increase would violate the intent of this article as stated in section 86-823.

(2)

The danger that materials may be swept onto other lands or downstream to 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 use to the community.

(6)

The requirements of the facility for a waterfront location.

(7)

The availability of alternative locations not subject to flooding for 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 area.

(10)

The safety of access to the property in time of flood of ordinary and emergency vehicles.

(11)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

(12)

The repair or rehabilitation of historic structures 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 article:

a.

The town council or board of zoning appeals, as applicable, may refer any application and accompanying documents pertaining to any request for a special use permit or variance to any 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 protection and other related matters.

b.

Special use permits and/or variances shall only be issued after the town council or board of zoning appeals, as applicable, has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, and will not create nuisances, cause fraud or victimization of the public, or conflict with local laws or ordinances.

c.

Special use permits and/or variances shall only be issued after the town council or board of zoning appeals, as applicable, has determined that the special use permit and/or variance will be the minimum relief from hardship.

d.

The town council or board of zoning appeals, as applicable, shall notify the applicant for a special use permit and/or variance, in writing, that the issuance of a special use permit and/or variance to construct a structure below the 100-year flood elevation increases risks to life and property, and will result in increased premium rates for flood insurance.

e.

A record of the notification described in subsection (d) of this section, as well as all variance actions, including justification for their issuance, shall be maintained and any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Emergency Management Agency.

(Ord. of 10-11-2011(3), § 2)

(a)

Generally. A structure or use of a structure or premises which lawfully existed before the enactment of the provisions of this article, but which is not in conformity with the provisions of this article may be continued, subject to the following conditions:

(1)

Existing structures and/or uses located 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 practice that the proposed expansion would not result in any increase in the 100-year flood elevation.

(2)

Any modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use located in any floodplain district to an extent or amount of less than 50 percent of its market value shall be elevated and/or floodproofed to the greatest extent possible.

(3)

The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use regardless of its location in a floodplain district to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with the provisions of the Virginia Uniform Statewide Building Code.

(4)

Uses of adjuncts which are, or become, nuisances shall not be permitted to continue.

(Ord. of 10-11-2011(3), § 2)

The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the floodplain districts, or that land uses permitted within such districts will be free from flooding or flood damages.

(Ord. of 10-11-2011(3), § 2)

(a)

Basis of districts. The various floodplain districts shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these districts shall be the flood insurance study for the town, prepared by the Federal Emergency Management Agency, dated August 2008, as amended.

(1)

The floodway district is delineated for purposes of this article using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100-year 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 flood insurance study referenced in this subsection and shown on the accompanying flood boundary and floodway map or flood insurance rate map.

(2)

The flood-fringe district shall be that area of the 100-year floodplain not included in the floodway district. The basis for the outermost boundary of this district shall be the 100-year flood elevations contained in the flood profiles of the flood insurance study referenced in this subsection, and as shown on the accompanying flood boundary and floodway map or flood insurance rate map.

(b)

Overlay concept.

(1)

The floodplain districts described in subsection (a) above shall be overlays to the existing underlying districts shown on the zoning map and the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

(2)

Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

(3)

If any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable.

(Ord. of 10-11-2011(3), § 2)

The boundaries of the floodplain districts are established as shown on the flood boundary and floodway map and/or flood insurance rate map which is declared to be a part of this article and which shall be kept on file at the town offices. The various floodplain districts shall include special flood hazard areas. The basis for the delineation of these districts shall be the flood insurance study (FIS) and the flood insurance rate maps for the town prepared by the Federal Emergency Management Agency, dated August 28, 2008, as amended.

(Ord. of 10-11-2011(3), § 2)

The delineation of any of the floodplain districts may be revised by the town council where natural or manmade changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency or individual documents the notification for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.

(Ord. of 10-11-2011(3), § 2)

Initial interpretations of the boundaries of the floodplain districts shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his or her case to the board and to submit his or her own technical evidence if he or she so desires.

(Ord. of 10-11-2011(3), § 2)

(a)

Permit requirement. All uses, activities, and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code and the subdivision provisions of chapter 66 of this Code. Prior to the issuance of any such permit, the zoning administrator shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

(b)

Alteration or relocation of watercourse. Prior to any proposed alteration or relocation of any channels or floodways of any watercourse, streams, etc., within this jurisdiction, the applicant shall obtain all necessary permits from the U.S. Army Corps of Engineers and the Virginia Marine Resources Commission, and certification from the State Water Control Board as necessary (a joint permit application is available from any one of these organizations). Further, notification of the proposal shall be given to all affected adjacent municipalities, the Division of Soil and Water Conservation at the Virginia Department of Conservation and Recreation, and the Federal Emergency Management Agency.

(c)

Site plans and permit applications. All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information:

(1)

For structures that have been elevated, the elevation of the lowest floor, including the basement.

(2)

For structures that have been floodproofed (nonresidential only), the elevation to which the structure has been floodproofed.

(3)

The elevation of the 100-year flood.

(4)

Topographic information showing existing and proposed elevations.

(d)

Manufactured homes.

(1)

Manufactured homes that are placed or substantially improved onsite:

a.

Outside of a manufactured home park or subdivision;

b.

In a new manufactured home park or subdivision;

c.

In an expansion to an existing manufactured home park or subdivision; or

d.

In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movement.

(2)

Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of subsection (d)(1) of this section shall be elevated so that either:

a.

The lowest floor of the manufactured home is at or above the base flood elevation; or

b.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

(e)

Recreational vehicles. Recreational vehicles placed on sites shall either:

(1)

Be on the site for fewer than 180 consecutive days; and

(2)

Be fully licensed and ready for highway use; or

(3)

Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in subsection (d) of this section.

(Ord. of 10-11-2011(3), § 2)

(a)

Generally. In the floodway district, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year flood elevation.

(b)

Permitted uses. In the floodway district, the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance, and provided that they do not require structures, fill, or storage of materials and equipment:

(1)

Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

(2)

Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas.

(3)

Accessory residential uses such as yard areas, gardens, play areas, and pervious loading areas.

(4)

Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.

(c)

Uses permitted by special use permit. The following uses and activities may be permitted by special use permit, provided that they are in compliance with provisions of the underlying district and are not prohibited by this article or any other ordinance:

(1)

Structures except for manufactured homes accessory to the uses and activities in subsection (b) of this section.

(2)

Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses.

(3)

Water-related uses and activities such as marinas, docks, wharves, piers, etc.

(4)

Extraction of sand, gravel, and other materials (where no increase in level of flooding or velocity is caused thereby).

(5)

Temporary uses such as circuses, carnivals, and similar activities.

(6)

Storage of materials and equipment, provided that they are not buoyant, flammable or explosive, and are not subject to damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning.

(7)

Other similar uses and activities provided that they cause no increase in flood heights and/or velocities. All uses, activities, and structural developments shall be conducted in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.

(Ord. of 10-11-2011(3), § 2)

In the flood fringe and approximated floodplain districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.

(Ord. of 10-11-2011(3), § 2)