(a)

Title. This article shall be known as the floodplain management ordinance and shall be permitted to be cited as such and may be referred to as "this article" or the floodplain district regulations.

(b)

Purpose. The ordinance from which this section was derived is adopted pursuant to the authority granted to localities by Code of Virginia, § 15.2-2280. The purpose of this article is to prevent the loss of life and property, 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, 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 districts subject to flooding.

(3)

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

(4)

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

(c)

Applicability. 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 Insurance Administration or being floodprone as stipulated in this article.

(d)

Compliance. 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 article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.

(e)

Abrogation and greater restrictions. This article supersedes any ordinance currently in effect in floodprone areas. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive.

(f)

Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this article. The remaining portions of this article shall remain in full force and effect; and for this purpose, the provisions of this article are hereby declared to be severable.

(Ord. of 6-26-2000, § 20-2200; Ord. of 1-10-2011)

(a)

Degree of protection. 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 area, or that land uses permitted within such area will be free from flooding or flood damages.

(b)

Flood data. The town shall obtain, review and reasonably utilize any base flood elevation and floodway data available from any federal, state or other source as criteria for requiring that new construction, substantial improvement or other development in a floodplain district meets the requirements of this chapter.

(c)

Liability. 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 6-26-2000, § 20-2202)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Base flood/100-year flood means a flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE) means the Federal Emergency Management Agency designated 100-year water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the community's flood insurance rate map. For the purposes of the ordinance from which this section was derived, the 100-year flood or one percent annual chance flood.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Board of appeals means the board of zoning appeals of the town.

Design flood elevation (DFE) means the Federal Emergency Management Agency designated 100-year water surface elevation plus one foot. This is due to the town requiring a minimal one foot freeboard.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Elevated building means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).

Flood means a general and temporary inundation of normally dry land areas.

(1)

A general or temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters; or

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

c.

Mudflows which are proximately caused by flooding as defined in subsection (1)b. of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2)

The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)a. of this definition.

Flood insurance rate map (FIRM) means an official map of a community, on which the administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

Flood insurance study (FIS) means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

Floodplain means a relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. The town requires a minimal freeboard of one foot.

Highest adjacent grade the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1)

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

(2)

Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article.

Manufactured home (mobile home) means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet in length, or when erected on-site is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. A manufactured home includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

Manufactured home park or subdivision, existing, means a parcel or contiguous parcels of land divided into two or more lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the paving of concrete pads) is completed before the effective date of the ordinance from which this article is derived.

New construction means structures for which the "start of construction" commenced on or after July 17, 1978 and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

One hundred-year flood means a flood that, on the average, is likely to occur once every 100 years (i.e., that has one percent chance of occurring each year, although the flood may occur in any year.)

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

Special flood hazard area means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in the floodplain ordinance.

Start of construction includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure of a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structure part of a building whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Violation means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in the floodplain ordinance is presumed to be in violation until such time as that documentation is provided.

(Ord. of 6-26-2000, § 20-2204; Ord. of 1-10-2011)

Cross reference— Definitions generally, § 1-2.

The boundaries of the floodplain areas are established as shown on the most recent flood insurance rate map which is declared to be apart of this chapter and which shall be kept on file at the office of the zoning administrator.

(Ord. of 6-26-2000, § 20-2206)

(a)

Description of flood areas. The various floodplain areas shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these areas shall be the flood insurance study (FIS) and the flood insurance rate maps (FIRM) for Town of Bluefield, Virginia, Tazewell County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, revised August 2, 1994 February 18, 2011, as amended, and its accompanying flood insurance rate map. The identified flood areas shall consist of the following three specific areas:

(1)

The floodway area is delineated, for purposes of this chapter, using the criterion that certain areas 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. The areas included in the floodway area are specifically defined in the flood insurance study and shown on the accompanying flood boundary and floodway map or flood insurance rate map.

(2)

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

(3)

The approximated floodplain area shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as Zone A on the maps or flood insurance rate map accompanying the above-referenced flood insurance study. For these areas, the 100-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then 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 zoning administrator or agent.

(b)

District boundary changes. The delineation of the floodplain areas may be revised by the town council where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

(c)

Interpretation of the district boundary. Initial interpretations of the boundaries of the floodplain areas shall be made by the zoning administrator. Should a dispute arise concerning the boundaries, the town council 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 case to the town council and to submit his own technical evidence if he so desires.

(d)

Submitting technical data. A community'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, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.

(Ord. of 6-26-2000, § 20-2208; Ord. of 1-10-2011)

Freeboard is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. The town requires a minimal freeboard of one foot.

(Ord. of 6-26-2000, § 20-2210)

(a)

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

(1)

Existing structures in the floodway area 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 modifications, 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 area, 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 this article and the Virginia Uniform Statewide Building Code.

(4)

Existing structures and/or uses located in the floodplain district shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.

(5)

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

(b)

Manufactured homes. All manufactured homes to be placed or substantially improved within any floodplain district, including inside existing manufactured home parks, shall be elevated on a permanent foundation so that the lowest floor of the manufactured home is at least to or above the design flood elevation and be securely anchored to an adequately anchored foundation system.

(c)

Residential structures. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated to or above the design flood level.

(d)

Nonresidential structure. Where a nonresidential structure is intended to be made watertight below the base flood level, a registered professional engineer or architect shall develop and/or review structural design specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting this provision and a record of such certificate which indicates the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained in the office of the zoning administrator.

(e)

Minimum criteria. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. In addition, they shall not be designed or used for human habitation, but shall only be used 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). Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must exceed the following minimum criteria:

(1)

A minimal of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

(2)

Bottom of all openings shall be no higher than one foot above grade;

(3)

Openings may be equipped with screens, louvers or other covering devices, provided that they permit the automatic entry and exit of floodwaters.

(f)

Flood elevation certificates. The town shall obtain and maintain on file the elevation of the lowest floor (including basements) of any new or substantially improved structures in all special flood hazard areas.

(Ord. of 6-26-2000, § 20-2212; Ord. of 1-10-2011)

(a)

Generally. All uses, activities, and development occurring within any floodplain area shall be undertaken only upon the issuance of a special 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. 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 floodway of any watercourse, drainage ditch, or any other drainage facility or system.

(b)

Specific provisions for permitted activities. In the floodplain district, no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all the appropriate local and/or state authorities as required in this section.

(1)

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

a.

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

b.

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;

c.

Accessory residential uses such as yard areas, gardens, play areas, and pervious parking and loading areas, airport landing strips, etc.

(2)

Activities permitted by conditional use. The following activities may be permitted by conditional use provided they are in compliance with the provisions of this article and are not prohibited by any other ordinance:

a.

Structures except for manufactured homes, accessory to the uses and activities in subsection (b)(1) of this section;

b.

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;

c.

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

d.

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

e.

Temporary uses such as circuses, carnival and similar activities;

f.

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

g.

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

All uses, activities and development which meets the provisions of and is permitted under the terms of this article 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. The placement of any manufactured home, except in an existing manufactured home park or subdivision, within the floodplain district is specifically prohibited.

(c)

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

(1)

For structures to be elevated, the elevation of the lowest floor (including basement);

(2)

For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed;

(3)

The elevation of the 100-year flood; and

(4)

Topographic information showing existing and proposed ground elevations.

(d)

Alteration or relocation of watercourse. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within the town a permit shall be obtained from the U.S. Corps of Engineers, the state department of environmental quality, and the state marine resources commission (a joint permit application is available from any of these organizations). Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the division of soil and water conservation of the state department of conservation and recreation, and the Federal Insurance Administration.

(e)

Design criteria for utilities and facilities.

(1)

Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plans, (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the component during conditions of flooding.

(2)

On-site waste disposal systems. All on-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(3)

Reserved.

(4)

Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system, and be located and constructed to minimize or eliminate flood damages.

(5)

Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

(6)

Utilities. All utilities such as gas lines, electrical and telephone systems being placed in floodprone areas should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood occurrence. Electrical, heating, ventilation plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(7)

Streets and sidewalks. Streets and sidewalks shall be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights.

(8)

Recreational vehicles. Recreational vehicles placed on sites shall either:

(a)

Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use; or

(b)

Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes as contained in the Virginia Uniform Statewide Building Code.

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.

(f)

Floodway encroachment and utilization. In the floodway area, 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 base flood elevation.

(Ord. of 6-26-2000, § 20-2214; Ord. of 1-10-2011)

The following provisions shall apply with the approximate floodplain district:

The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the flood insurance study. For these areas, the 100-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation. For development proposed in the approximate floodplain, the applicant must use technical methods that correctly reflect currently accepted technical concepts, such as point on boundary, high water marks, or hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the (title of community floodplain administrator).

The (title of community floodplain administrator) reserves the right to require a hydrologic and hydraulic analyses for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood elevation. During the permitting process, the (title of community floodplain administrator) shall obtain:

(1)

The elevation of the lowest floor (including the basement) of all new and substantially improved structures; and

(2)

If the structure has been flood-proofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been flood-proofed.

Standards for the Special Floodplain District

The following provisions shall apply within the special floodplain district:

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 A1-30 and AE on the flood insurance rate map, 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 of Bluefield.

Development activities in Zones A1-30, AE, and AH, on the Town of Bluefield's flood insurance rate map 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 of Bluefield's endorsement—for a conditional flood insurance rate map revision, and receives the approval of the Federal Emergency Management Agency.

Standards for Subdivision Proposals

(a)

All subdivision proposals shall be consistent with the need to minimize flood damage;

(b)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; and

(c)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(Ord. of 6-26-2000, § 20-2216; Ord. of 1-10-2011)

(a)

Whenever any person is aggrieved by a decision of the zoning administrator with respect to the provisions of this article, it is the right of that person to appeal to the board of zoning appeals for a special exception/variance. Such appeal must be filed, in writing within 30 days after the determination by the zoning administrator. Upon receipt of such an appeal, the chair of the board of zoning appeals shall set a time and place for the purpose of hearing the appeal, which shall be not less than ten nor more than 30 days from the date of the receipt of the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties at which time they may appear and be heard. The determination by the board of zoning appeals shall be final in all cases.

(b)

In passing upon applications for special exceptions/variances, the board of zoning appeals shall satisfy the following factors:

(1)

The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception/variance shall be granted for any proposed use, development, or activity within any floodway area that will cause any increase in the 100-year flood elevation.

(2)

The danger that materials may be swept on to 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 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 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 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.

(c)

The board of zoning appeals may refer, with approval of town council, any application and accompanying documentation pertaining to any request for a special exception/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 flood protection and other related matters.

(d)

Special exceptions/variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in:

(1)

Unacceptable or prohibited increases in flood heights;

(2)

Additional threats to public safety;

(3)

Extraordinary public expense; and will not

(4)

Create nuisances;

(5)

Cause fraud or victimization of the public; or

(6)

Conflict with local laws or ordinances.

(e)

Special exceptions/variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in:

(1)

Unacceptable or prohibited increases in flood heights;

(2)

Additional threats to public safety;

(3)

Extraordinary public expense; and will not

(4)

Create nuisances;

(5)

Cause fraud or victimization of the public; or

(6)

Conflict with local laws or ordinances.

(f)

Special exceptions/variances shall only be issued after the board of zoning appeals has determined that the special exception/variance will be the minimum relief to any hardship.

(g)

The board of zoning appeals shall notify the applicant for a special exception/variance, in writing, that the issuance of a special exception/variance to construct a structure below the 100-year flood elevation:

(1)

Increases the risks to life and property; and

(2)

Will result in increased premium rates for flood insurance.

(h)

A record shall be maintained of the notification in subsection (g) of this section as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(Ord. of 6-26-2000, § 20-2218)

(a)

Any person who fails to comply with any or all of the requirements or provisions of this article or direction of the zoning administrator or any other authorized employee of the town shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-15.

(b)

Each day during which any violation of this article continues shall constitute a separate offense. In addition to the penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of or noncompliance with this article 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 or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the town council to be a public nuisance and abatable as such.

(Ord. of 6-26-2000, § 20-2220)