This article is adopted pursuant to the authority granted to localities by Code of Virginia § 15.2-2280.

The purpose of these provisions is to prevent the loss of life and property, the creation of public 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 areas subject to flooding.

(3)

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

(4)

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

(Res. No. 10-10-19, 10-26-10)

These provisions of the flood hazard overlay district shall apply to all lands within the jurisdiction of Botetourt County and identified as being in the 100-year floodplain as delineated by the Federal Emergency Management Agency, Federal Insurance Administration Study, dated December 17, 2010, as amended.

(Res. No. 10-10-19, 10-26-10)

The flood hazard district is an overlay district, and thus the underlying provisions of each base district shall continue to apply except as otherwise provided for herein. The uses permitted in the underlying zoning district shall be permitted in the flood hazard overlay district, except as restricted or prohibited by the provisions of this section. (See section 25-414.)

(Res. No. 10-10-19, 10-26-10)

The uses identified as being allowed by a special exception permit in the underlying zoning district, shall be allowed in the flood hazard overlay district, except as restricted or prohibited by the provisions of this section, and only by a special exception permit as provided herein. (See section 25-414.)

(Res. No. 10-10-19, 10-26-10)

(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. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This division 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.

(c)

This division shall not create liability on the part of Botetourt County or any officer or employee thereof for any flood damages that result from reliance on this division or any administrative decision lawfully made thereunder.

(Res. No. 10-10-19, 10-26-10)

This division supersedes any ordinance regulations currently in effect in flood-prone areas. However, any underlying ordinance and all districts established in this chapter shall remain in full force and effect to the extent that its provisions are more restrictive than this division.

(Res. No. 10-10-19, 10-26-10)

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.

(Res. No. 10-10-19, 10-26-10)

(a)

Any person who fails to comply with any of the requirements or provisions of this division or directions of the zoning administrator or any other authorized employee of Botetourt County shall be guilty of a misdemeanor of the first class and subject to the penalties therefore.

(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 to permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this division may be declared by the Botetourt County Board of Supervisors to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this division.

(Res. No. 10-10-19, 10-26-10)

(a)

The various floodplain sub-districts shall include areas subject to inundation by waters of the one hundred-year flood. The basis for the delineation of these districts shall be the Flood Insurance Study and the Flood Insurance Rate Map (FIRM) for Botetourt County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated December 17, 2010, as amended.

(b)

Floodway sub-district is delineated, for purposes of this division, using the criterion that certain areas within the floodplain must be capable of carrying the waters of a one hundred-year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this sub-district are specifically shown on the flood boundary and floodway map and/or flood insurance rate map.

(c)

The flood-fringe sub-district shall be that area of the one hundred-year floodplain not included in the floodway sub-district. The basis for the outermost boundary of this district shall be the one hundred-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 and/or flood insurance rate map.

(d)

The approximated floodplain sub-district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one hundred-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 one hundred-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available.

(e)

The floodplain sub-districts described above all shall be overlays to the existing underlying districts shown on the official zoning ordinance map, in accord with section 25-402, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

(f)

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

(g)

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

(Res. No. 10-10-19, 10-26-10)

The boundaries of the floodplain district are established as shown on the flood boundary and floodway and/or flood insurance rate maps which are declared to be a part of this division and which shall be kept on file at the Botetourt County Planning office.

(Res. No. 10-10-19, 10-26-10)

The delineation of any of the floodplain districts may be revised by the Botetourt County Board of Supervisors as it may deem appropriate and at its sole discretion, where natural or man-made changes have occurred and/or where more detailed studies have been conducted by the U.S. Army Corps of Engineers or other qualified agency, or if an individual documents the appropriateness of such change, and where, prior to any such change, approval is obtained from the Federal Insurance Administration.

(Res. No. 10-10-19, 10-26-10)

A community's base flood elevations may increase or decrease resulting from the physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the Federal Insurance Administration of the changes by submitting technical or scientific data. Such 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.

(Res. No. 10-10-19, 10-26-10)

Initial interpretations of the boundaries of the floodplain districts shall be made by the zoning administrator. Appeals of the zoning administrator's determination may be made as provided for herein.

(Res. No. 10-10-19, 10-26-10)

(a)

All uses, activities, and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit by the county. Such development shall be undertaken only in strict compliance with the provisions of this division and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code and the Botetourt County Subdivision Regulations. 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)

Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit from the U.S. Corps of Engineers, the Virginia Marine Resources Commission, and certification from the Virginia Department of Environmental Quality is 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 jurisdictions, the department of conservation and recreation, and the Federal Insurance Administration.

(c)

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

(1)

The elevation of the lowest floor (including basement).

(2)

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

(3)

Topographic information showing existing and proposed ground elevations.

(4)

The elevation of the one hundred-year flood.

(5)

Records of actions associated with administering this ordinance shall be kept on file and maintained by the zoning administrator.

(d)

All manufactured homes to be placed or substantially improved within the floodplain district shall be placed on a permanent foundation and elevated and anchored in accordance with the Virginia Uniform Statewide Building Code.

(Res. No. 10-10-19, 10-26-10)

(a)

Encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification such as hydrologic and hydraulic analyses (with supporting technical data) is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood. 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.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the developer or applicant first applies — with the Botetourt County's endorsement — for a conditional flood insurance rate map and floodway revision, and receives the approval of the Federal Emergency Management Agency.

(b)

The placement of any manufactured home (mobile home), except in an existing manufactured home (mobile home) park or subdivision, within the floodway sub-district is specifically prohibited. A replacement manufactured home (mobile home) may be placed on a lot in an existing manufactured home (mobile home) park or subdivision provided the anchoring, elevation, and encroachment standards are met.

(c)

In the floodway sub-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, horseback riding and hiking trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas.

(3)

Accessory residential uses (but not habitable structures), such as yard areas, gardens, play areas, and loading areas.

(4)

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

(5)

In the floodway sub-district, no use, structure, fill, deposit, obstruction or storage of materials or equipment will be permitted which, acting alone or in combination with existing or future uses, will result in affecting the capacity of the floodway or unduly increasing flood limits. Such limits will be those established by the federal insurance administration.

(Res. No. 10-10-19, 10-26-10)

(a)

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 county.

Development activities in zones A1-30, and AE, on the county'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 developer or applicant first applies — with the county's endorsement— for a conditional flood insurance rate map revision, and receives the approval of the Federal Emergency Management Agency.

(1)

The following provisions shall apply with the approximate floodplain district:

a.

The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one hundred-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 one hundred-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. It is recommended that the applicant refer to FEMA Publication 265, "Managing Floodplain Development in Approximate Zone A Areas, A Guide for Obtaining and Developing Base (100-Year) Flood Elevations."

b.

Where the specific one hundred-year flood elevation cannot be determined for this area using other sources of data, such as the U. S. Army Corp of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., an applicant for a proposed use, development and/or activity greater than fifty (50) lots or five (5) acres, whichever is lesser, 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 zoning administrator.

The zoning administrator reserves the right to require hydrologic and hydraulic analyses for any development.

When such base flood elevation data is utilized, the lowest floor shall be elevated one (1) foot above the base flood elevation. During the permitting process, the zoning 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.

(Res. No. 10-10-19, 10-26-10; Res. No. 11-10-10, 10-25-11)

In all special flood hazard areas the following provisions shall apply:

(a)

New construction and substantial improvements shall be according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure.

(b)

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movements. 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 requirements for resisting wind forces.

(c)

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(d)

New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(e)

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.

(f)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(g)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(h)

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

(i)

Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this ordinance shall meet the requirements of "new construction" as contained in this article.

(j)

Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this article, shall be undertaken only if said nonconformity is not furthered, extended, or replaced.

(k)

The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

(l)

All new or replacement utilities and facilities shall be designed and constructed in conformance with the county's regulations for subdivision, stormwater management, erosion and sediment control and other such regulations.

(m)

All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites. The Botetourt County Board of Supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage and facility plans shall be consistent with local and regional drainage plans and with all other applicable ordinances.

(n)

All utilities, such as gas lines, electrical and telephone systems being placed in flood-prone areas should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flooding occurrence.

(o)

Streets and sidewalks should 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.

(p)

All new structures shall be constructed so that the lowest habitable elevation is at least one (1) foot above the base flood elevation.

(Res. No. 10-10-19, 10-26-10)

In all special flood hazard areas where base flood elevations have been provided in the flood insurance study or generated according to article III, section 25-415 the following provisions shall apply:

(a)

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation.

(b)

Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to no lower than one (1) foot above the base flood elevation. Buildings located in all A and AE 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 (1) foot are water tight 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.

(c)

Elevated buildings. 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 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 doors) 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, in zones A and AE measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwater. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

a.

Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding.

b.

The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding.

c.

If a building has more than one (1) enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

d.

The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade.

e.

Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

f.

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.

(d)

Manufactured homes. All manufactured homes placed or substantially improved on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood must meet all the requirements for new construction, including the elevation and anchoring requirements in section 25-416(a) and (b) and section 25-416.1(a).

(e)

Recreational vehicles. All recreational vehicles placed on sites must either be on the site for fewer than one hundred eighty (180) consecutive days; 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 devises and has no permanently attached additions); or, meet all requirements for manufactured homes in section 25-416 and section 25-416.1(d).

(Res. No. 10-10-19, 10-26-10)

The owner or developer of any proposed subdivision or any site plan, any part of which is located within a flood hazard district, shall include the following information on the subdivision plat or site plan required by this chapter and/or by chapter 21 of this Code (subdivision ordinance):

(1)

Name of engineer, surveyor or other qualified person responsible for providing the information required in this section.

(2)

The location of the proposed subdivision with respect to the county's flood-prone areas, proposed lots and sites, fills, flood or erosion protection facilities and areas subject to special deed restrictions. In addition, all subdivisions shall show the limits of the floodplain and if construction or fills within the one hundred-year floodplain are required, shall include base flood elevations, and shall delineate the floodway area based on the requirement that the proposed development not increase the one hundred-year flood elevation more than one (1) foot at any one point and no fill or construction will be placed in the floodway. The engineering principle of "equal reduction of conveyance" shall be used to make the determination of increased flood heights and velocities.

(3)

Where the subdivision and other new development lies partially or completely in the flood-prone areas, the plan map shall include detailed information giving the location and elevation of proposed roads, public utilities and building sites. All such maps shall also show contours, at intervals of two (2), four (4), or five (5) feet, depending upon the slope of the land, and identify accurately the boundaries of the flood-prone areas.

(4)

Location of water and sewer systems (including on-site systems).

(Res. No. 10-10-19, 10-26-10)

(a)

Any owner or partial owner of real estate or his agent, and any real estate broker or his agent, who sells or contracts to sell real estate subject to a floodplain regulation, without first notifying, in writing, the buyer or his agent that such real estate is subject to floodplain regulations, shall be subject to the penalties set forth in subsection (c) below.

(b)

Floodplain regulations referred to in subsection (a) of this section include this chapter, subdivision regulations and building codes which impose restrictions specifically related to flooding on the whole or a portion of the land.

(c)

The penalties for a violation of subsection (a) of this section may, at the discretion of the court, include:

(1)

Rescission of the contract at the option of the buyer;

(2)

Payment to the buyer of damages he may have suffered, whether the buyer rescinds the contract or not; or

(3)

A fine of not more than two thousand dollars ($2,000.00).

(Res. No. 10-10-19, 10-26-10)

(a)

No development which increases flood heights and produces hazardous velocities shall be permitted in the floodway sub-district.

(b)

In the floodway sub-district, no use, structure, fill, deposit, obstruction or storage of materials or equipment will be permitted which, acting alone or in combination with existing or future uses, will result in affecting the capacity of the floodway or unduly increasing flood limits. Such limits will be those established by the federal insurance administration.

(c)

No new residential or commercial uses shall be permitted in the floodway sub-district.

(Res. No. 10-10-19, 10-26-10)

(a)

Any agent, commission or board of the county, in taking action on special exceptions, rezoning, special uses, variances and amendments to this chapter, shall consider, in addition to all pertinent provisions of other sections of this chapter, the following:

(1)

The danger of 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 floodway district that will cause any increase in flood levels during the one hundred-year flood.

(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 of ordinance and emergency vehicles to the property in time of flood.

(11)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters 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.

(b)

The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluation of the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.

(c)

Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in: a) increases in flood heights, b) additional unreasonable threats to public safety, c) extraordinary public expense, and will not d) create nuisances, e) cause fraud or victimization of the public, or f) conflict with local laws or ordinances.

(d)

Variances shall be issued only upon a showing of good and sufficient cause after the board of zoning appeals has determined that variance will be the minimum required to provide relief from any hardship to the applicant.

(e)

The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one hundred-year flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance.

(f)

A record shall be maintained of the above notification 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.

(Res. No. 10-10-19, 10-26-10)

A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, 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 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 floodplain district to an extent or amount of less than fifty (50) percent of its market value, shall be elevated and/or floodproofed in full compliance with this ordinance and the Virginia Uniform Statewide Building Code.

(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 fifty (50) percent or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the Virginia Uniform Statewide Building Code.

(4)

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

(Res. No. 10-10-19, 10-26-10)

For the purpose of this flood damage prevention overlay ordinance, the following words and phrases shall have the meanings respectfully ascribed to them by this section. Any word, term or phrase used in this overlay ordinance not defined below shall have the meaning ascribed to the word in section 25-601 of the zoning ordinance or if not defined there then in the most recent edition of Webster's unabridged Dictionary, unless in the opinion of the zoning administrator established customs or practices of the County of Botetourt justify a different or additional meaning:

Base flood*. The flood having a one (1) percent chance of being equaled or exceeded in any given year.

Base flood elevation*. The Federal Emergency Management Agency designated one hundred-year water surface elevation.

Basement*. Any area of the building having its floor sub-grade (below ground level) on all sides.

Board of zoning appeals*. The board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this article.

Development*. Any man-made 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*. A nonbasement 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).

Encroachment*. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Existing manufactured home park or subdivision*. A manufactured home park or subdivision for which the construction of facilities for servicing the lots 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 pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision*. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Fill. The placing, storage or dumping of any material, such as (by way of illustration, but not limitation) earth, clay, sand, concrete, rubble, or waste of any kind, upon the surface of the ground, which results in increasing the natural ground surface elevation.

Flood or flooding*.

(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.

(2)

The collapse or subsidence 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 paragraph (1)a. of this definition.

(3)

Mudflows which are proximately caused by flooding as defined in paragraph (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.

Flood insurance rate map (FIRM)*. An official map of a community on which both the special hazard areas and the risk premium zones applicable to the community are delineated.

Flood insurance study (FIS). 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 or flood-prone area*. Any land area susceptible to being inundated by water from any source.

Floodproofing. any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway*. 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 a designated height.

Freeboard* A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed.

Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure*. Any structure that is:

(1)

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

(2)

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

(3)

Individually listed on 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*. 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 Federal Code 44 CFR § 60.3.

Manufactured home*. A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.

Manufactured home park or subdivision*. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Manufactured home park or subdivision, new*. A manufactured home park or subdivision for which the construction of facilities for servicing the lots 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 pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

New construction*. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial flood insurance rate map on or after June 15, 1978, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which 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.

Recreational vehicle*. A vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred (400) 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.

Shallow flooding area*. A special flood hazard area with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Special flood hazard area*. The land in the floodplain subject to a one (1) percent or greater chance of being flooded in any given year as determined in section 25-416 of this article.

Start of construction*. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of 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 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 the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure*. For flood plain management purposes a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. Structure for insurance coverage purposes means a walled and roofed building, other than a gas or liquid storage tank that is principally above and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

Subdistrict. One of several defined areas of a flood hazard overlay district that have different probabilities for flooding.

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

Substantial improvement*. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term 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 assure 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*. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certificates, or other evidence of compliance required by this chapter is presumed to be in violation until such time as all documentation is provided and approved by the appropriate county official(s).

Watercourse*. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

* Denotes definitions to be used only for the purpose of this flood damage prevention overlay ordinance, the words and phrases shall have the meanings respectfully ascribed to them by this section.

The Gateway Crossing Overlay District is established to provide additional standards for development and redevelopment in the Gateway Crossing area to create a walkable, mixed-use district that is an economic hub and an attractive gateway for the county by:

(1)

Maintaining rural areas of the county by encouraging growth in the Gateway Crossing area, in accordance with the Comprehensive Plan and the Gateway Crossing Area Plan, adopted November 2016;

(2)

Encouraging efficient use of land and public services;

(3)

Creating a walkable, human-scaled sense of place through the compact placement and configuration of buildings, streets, and open spaces;

(4)

Encouraging the development of a bike and pedestrian-friendly community by building a network of streets, providing sidewalks and trails, and creating building facades that promote and support an active pedestrian environment.

(5)

Creating a network of connected streets to provide an alternative to Route 220 for local travel within the Gateway Crossing Overlay area and to reduce the number of access points needed on state highways;

(6)

Encouraging higher density development in areas surrounding the Exit 150 interchange of Interstate 81 (I-81), where services and infrastructure are available to support it;

(7)

Encouraging the construction of housing near employment opportunities and community services;

(8)

Encouraging a mix of land uses that offers opportunity for people to work, shop, and use services near their homes;

(9)

Enabling and encouraging implementation of the Gateway Crossing Area Plan and the Comprehensive Plan, and;

(10)

Creating opportunities for selective integration of large footprint commercial and/or employment centers in locations that are compatible with the scale and mix of uses.

(Res. of 9-27-22, § x.1)

The requirements of the Gateway Crossing Overlay District apply to all parcels within the Gateway Crossing Overlay District as shown on the official zoning map.

(Res. of 9-27-22, § x.2)

The Gateway Crossing Overlay District shall be comprised of three (3) subdistricts, each with unique development standards. The subdistricts comprising the Gateway Crossing Overlay District are:

(1)

Gateway Crossing Residential Subdistrict. This subdistrict is established in the portion of the Gateway Crossing Overlay District west of I-81 as depicted on the official zoning map. It is characterized by the following land use design principles, as identified in the Gateway Crossing Small Area Plan:

a.

A combination of mixed density residential uses, including detached single-family homes, duplexes, as well as apartments and townhomes as specified in the High Density Residential R-4 Zoning use district.

b.

A walkable community design and complementary, neighborhood-scale commercial uses.

(2)

Gateway Crossing Community Business Subdistrict. This subdistrict is established in the portion of the Gateway Crossing Overlay District both northwest of I-81 and along U.S. Route 220 approaching the Daleville Town Center Urban Development Area (UDA) as depicted on the official zoning map. It is characterized by the following land use design principles, as identified in the Gateway Crossing Small Area Plan:

a.

A range of uses, which may include a mix of small-scale retail shops, offices, civic spaces, neighborhood parks, mixed-use dwellings, or other uses to meet local needs, as listed for the subdistrict.

b.

More than fifty (50) percent of the developed space dedicated for business, commercial, or office uses.

c.

High density residential uses, as specified in the High Density Residential R-4 Zoning Use District.

(3)

Gateway Crossing Interstate Business Subdistrict. This subdistrict is established in the portion of the Gateway Crossing Overlay District east of I-81 as depicted on the official zoning map. It is characterized by the following land use design principles, as identified in the Gateway Crossing Small Area Plan:

a.

A combination of service-oriented commercial uses, including hospitality, lodging, retail, and office designed to be compatible with the goals of a walkable district with a mixture of uses.

b.

At least seventy (70) percent of the developed space should be for business, commercial, or office uses.

(Res. of 9-27-22, § x.3)

The standards of the Gateway Crossing Overlay District shall apply in addition to the standards of the underlying base zoning district. If there is a conflict between the Gateway Crossing Overlay District requirements and other requirements of the zoning ordinance, the subdivision ordinance, or other applicable county regulations, the Gateway Crossing Overlay District requirements shall govern as the standards, unless they conflict with state or federal regulations.

(Res. of 9-27-22, § x.4)

Any permitted or special exception use shall continue to be allowed per the underlying zoning use district, unless otherwise prohibited below. Additional permitted or special exception uses allowed within each subdistrict are listed below.

(1)

Gateway Crossing Residential Subdistrict.

a.

Uses permitted by-right.

1.

Commercial uses, as allowed by right in the Business B-1 Zoning Use District, not exceeding a gross floor area of two thousand (2,000) square feet.

2.

Dwelling, single family detached.

3.

Dwelling, duplex.

4.

Dwelling zero lot line.

5.

Dwelling, single family attached, up to six (6) dwelling units per net acre.

6.

Dwelling, multi-family, up to eight (8) dwellings units per acre.

7.

Dwelling, mixed use.

8.

Civic uses.

9.

Farmers market.

10.

Greenways and trails.

11.

Brewpub.

12.

Commuter parks and ride lots.

13.

Home occupation, subject to the standards of section 25-435.

b.

Uses permitted by special exception.

1.

Dwelling, single family attached, up to fourteen (14) dwelling units per net acre.

2.

Dwelling, multi-family, up to twenty-six (26) dwelling units per acre.

c.

Uses prohibited in the Gateway Crossing Residential Subdistrict.

1.

Drive-through facilities.

2.

Convenience stores.

(2)

Gateway Crossing Community Business Subdistrict.

a.

Uses permitted by-right.

1.

Commercial uses, as allowed by-right in the Business B-2 Zoning Use District.

2.

Dwelling, mixed use.

3.

Dwelling, multi-family, up to eight (8.0) dwelling units per acre.

4.

Dwelling, single family attached, up to six (6.0) dwelling units per net acre.

5.

Civic uses.

6.

Farmers market.

7.

Greenways and trails.

8.

Brewpub.

9.

Microbrewery.

10.

Commuter park and ride lots.

11.

Home occupation, subject to standards of section 25-435.

b.

Uses permitted by special exception.

1.

Dwelling, single family attached, up to fourteen (14) dwelling units per net acre.

2.

Dwelling, multi-family, up to twenty-six (26) dwelling units per acre.

3.

Commercial uses, as allowed by special exception in the Business B-2 Zoning Use District.

c.

Prohibited uses.

1.

Upholstery shops.

2.

Service stations.

3.

Vehicle repair, light.

4.

Flea markets.

5.

Animal hospital with exterior runs.

(3)

Gateway Crossing Interstate Business Subdistrict.

a.

Uses permitted by-right.

1.

Commercial uses, as allowed by-right in the Business B-2 Zoning Use District.

2.

Conference center.

3.

Theatre, indoor.

4.

Restaurants, including full-service, limited-service, and/or drive-in establishments.

5.

Hospitals.

6.

Farmers market.

7.

Greenways and trails.

8.

Brewpub.

9.

Microbrewery.

10.

Dwelling, mixed use.

b.

Uses permitted by special exception.

1.

Dwelling, single family attached, up to fourteen (14) dwelling units per net acre.

2.

Dwelling, multi-family, up to twenty-six (26) dwelling units per acre.

3.

Commercial uses, as allowed by special exception in the Business B-2 Zoning Use District.

4.

Retail sales, large format.

c.

Prohibited.

1.

Trailer, recreational vehicles, modular homes and mobile home sales, and rental, including towing service and auto salvage or junk operations.

2.

Plumbing supplies storage.

3.

Minor manufacture of musical instruments, toys, novelties and rubber and metal stamps.

(Res. of 9-27-22, § x.5)

(1)

Residential use requirements. The following requirements shall apply to the specified subdistricts within the Gateway Crossing Overlay District.

a.

Gateway Crossing Residential Subdistrict.

1.

The residential lot, building and use limitation requirements in the Medium Density Residential R-3 Zoning Use District shall apply to all single-family detached, zero lot line and duplex dwelling units.

2.

The residential lot, building, and use limitation requirements in High Density Residential District R-4 Zoning Use District shall apply to all other residential uses.

3.

Dwelling, mixed use shall comply with non-residential setback requirements as set forth below in subpart (2), non-residential use requirements.

b.

Gateway Crossing Community Business Subdistrict.

1.

The residential lot, building, and use limitation requirements in the High Density Residential District R-4 Zoning Use District shall apply.

2.

Dwelling, mixed use shall comply with non-residential setback requirements as set forth below in subpart (2), non-residential use requirements.

c.

Gateway Crossing Interstate Business Subdistrict.

1.

The residential lot, building, and use limitation requirements in the High Density Residential District R-4 Zoning Use District shall apply.

2.

Dwelling, mixed use shall comply with non-residential setback requirements as set forth below in subpart (2), non-residential use requirements.

(2)

Non-residential use requirements. The following requirements shall apply to the development of non-residential uses in all subdistricts in the Gateway Crossing Overlay District, except as specified herein.

a.

Minimum front building setback. If either of the following standards are met, the minimum front building setback shall be twenty-five (25) feet; if neither of these standards are met, the minimum building setback shall be eighty (80) feet, plus the distance covered by impervious surfaces:

1.

Parking and drives are located entirely in the side or rear yards, or;

2.

In addition to parking area landscaping and screening requirements, a row of evergreen shrubs shall be planted between parking areas and the front property lines. Planted evergreen shrubs shall have a minimum height of twenty-four (24) inches at the time of planting, have a minimum mature height of thirty-six (36) inches and be spaced such that the shrubs will touch at maturity.

b.

Minimum side and rear building setbacks. The following side and rear yard building setbacks for commercial uses shall apply to the subdistricts within the Gateway Crossing Overlay District as specified:

c.

Entrance. For any new principal building with an exterior façade facing a public right-of-way, and constructed after the effective date of this Ordinance, there shall be a pedestrian entryway opening installed onto at least one (1) adjoining public right-of-way. Corner entrances adjacent to a right-of-way are considered to meet this requirement. Pedestrian access from the adjoining public sidewalk, street right-of-way or driveway to the principal structure shall be paved. Pavement surfaces shall consist of asphalt, concrete, brick, or pervious paving surfaces, as approved by the county.

d.

Windows and doors. Where there is a building façade facing a park or street, the façade shall contain transparent windows or door openings covering a minimum of twenty (20) percent to a maximum of seventy (70) percent of the wall area on all floors of the building.

(3)

The following shall apply to all uses in the Gateway Crossing Overlay District.

a.

Maximum height of buildings and structures.

1.

Gateway Crossing Residential Subdistrict and Gateway Crossing Community Business Subdistricts. Forty-five (45) feet, up to sixty (60) feet by SEP.

2.

Gateway Crossing Interstate Business Subdistrict. Up to sixty (60) feet.

b.

Maximum densities. There shall be no floor area ratio (FAR) requirement in the Gateway Crossing Overlay District.

c.

Maximum impervious surface requirements. There shall be no maximum impervious surface requirements in the Gateway Crossing Overlay District.

(Res. of 9-27-22, § x.6)

The following standards for sidewalks shall apply within the Gateway Crossing Overlay District. These standards are intended to meet the walkability and multimodal vision for the Gateway Crossing Area Plan.

(1)

Sidewalk requirements.

a.

Sidewalks shall be installed along a property's frontage on any public street or road for all new development to achieve connectivity to adjoining sites. Required sidewalks shall be a minimum of five (5) feet in width.

1.

Where the construction of a required sidewalk is not feasible due to topography, an administrative waiver may be granted under the sole discretion of the Zoning Administrator. In any such case the Zoning Administrator may attach conditions to any waiver or modification to ensure that the results will be in accordance with the purpose and intent of this section and other relevant sections of this chapter.

b.

Sidewalks constructed within the VDOT maintained right-of-way shall be constructed per VDOT Road and Bridge Standards to be accepted into the state maintenance system.

c.

For renovations and/or expansions of existing structures, sidewalks are required only if there is an addition exceeding fifteen (15) percent of the Gross Floor Area (GFA) of the existing structure.

(Res. of 9-27-22, § x.7)

All vehicular entrances onto streets and roads in the Gateway Crossing Overlay District must comply with the VDOT commercial entrance permit requirements. Except where explicitly prohibited by the terms of the VDOT entrance permit, all lots fronting on a state road in the Gateway Crossing Overlay District shall have no more than one (1) entrance per street or road.

(Res. of 9-27-22, § x.8)

The parking requirements of sections 25-471 through 25-475 shall apply except as modified herein.

(1)

Minimum parking requirement. The parking requirements of section 25-473, required off-street parking and loading spaces, shall apply to all developments in the Gateway Crossing Overlay District, except as specified herein.

a.

The required number of off-street parking spaces may be reduced by ten (10) percent.

b.

The required number of off-street parking spaces for restaurants may be reduced to one (1) space per one hundred (100) square feet of GFA.

c.

On-street parking, immediately adjacent to the parcel and where permitted, may count towards the parking requirement.

(2)

Off-street parking. No greater than two (2) rows of off-street parking, and no more than one (1) drive-aisle (one- or two-way) shall be provided in the front yard of a lot, except for single- and two-family dwellings.

(3)

Drive-through facilities.

a.

Drive-through facilities are prohibited between the building and the public right-of-way, except where a drive-through facility is on a lot adjacent to four (4) public rights-of-way.

b.

Drive through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked or otherwise distinctly delineated.

c.

Stacking spaces shall be provided as follows:

1.

Restaurant: Six (6) stacking spaces measured from the order board, or from the pickup window if no order board exists.

2.

All other uses: Three (3) stacking spaces

3.

Each stacking space shall have minimum dimensions of ten (10) feet in width by twenty (20) feet in length.

(4)

Bicycle parking requirements.

a.

Whenever a use requires ten (10) or more parking spaces, permanent anchored bicycle racks shall be provided within two hundred (200) feet of the primary public entrance.

b.

When required, a minimum of one (1) bicycle rack with capacity for two (2) bicycles shall be provided. The total required bicycle capacity of all racks shall equal at least five (5) percent of all required off-street vehicle parking as established in section 25-473, required off-street parking and loading spaces.

(Res. of 9-27-22, § x.9)

The requirements of article IV, division 4, landscaping, buffering, and screening. shall apply to all developments in the Gateway Crossing Overlay District.

(Res. of 9-27-22, § x.10)

All signs requiring a permit in accordance with article IV, division 2, signs must comply with the signage requirements of that division except that there shall be no square footage maximums per lot as stated in subsection 25-462(a).

(Res. of 9-27-22, § x.11)

Brewpub: A restaurant that sells beer or cider brewed on the premises in accordance with the requirements of the Virginia Alcoholic Beverage Control Authority.

Commuter park and ride lots: Parking lots with public transport connections that allow commuters to leave their vehicles and transfer to a bus, rail system, or carpool for the remainder of the journey.

Farmers market: A building, structure or place used by a group of farmers or producers to conduct an open air sale of locally or regionally produced agricultural, horticultural, or aquacultural produce, such as vegetables, fruit, herbs, grains, mushrooms, flowers, potted or bedding plants, honey, meat, dairy, eggs, fish, or shellfish, directly to the public on a regular basis. Handcrafted products (such as wooden furniture or textiles), value added products (such as jam, beeswax candles) or other handmade food products (such as baked goods and prepared foods) may be sold, but the total sum of vendors of these goods may not comprise the majority of the vendors. All products offered for sale are to be grown, raised or produced, at least in part, by the vendors; the resale of products is not permitted. For purposes of this definition, value added items shall include items that are derived from or contain a main ingredient from the agricultural or horticultural produce on sale at the farmers market. The following uses are not included in the definition of a "farmers market:" 1) a roadside stand; 2) special outdoor events as regulated by this ordinance; 3) flea markets as defined in this ordinance; 4) yards sales as regulated by this ordinance; and 5) auctions.

Greenways and trails: Any natural or landscaped corridor for pedestrian or bicycle passage, managed for conservation, recreation, and/or alternative transportation.

Microbrewery: A facility for the production and packaging of beer or cider for distribution, retail, or wholesale, on or off premise, with a capacity of not more than fifteen thousand (15,000) barrels per year. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district.

Service station: Any building, structure, or land used primarily for the dispersal, sale, or offering for sale of automotive fuels, oils, automobiles and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement or rebuilding, body and fender repair, or painting.

Upholstery shop: A business that repairs and replaces upholstery to household and office furnishings; does not include motor vehicle upholstering or repair.

(Res. of 9-27-22, § x.12)