(a)

Purpose. In accordance with the general purpose of this article as stated in section 50-5, and the legislative authority for zoning provided for in Code of Virginia, § 15.2-2280, the purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce, institutional 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 flood-prone districts to be protected and/or flood-proofed against flooding and flood damage.

(4)

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

(b)

Applicability. These provisions shall apply to all lands within the jurisdiction of the City of Bristol and identified as being in the special flood hazard area (SFHA) by the Federal Insurance Administration.

(c)

Compliance and liability.

(1)

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 division.

(2)

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 manmade or natural causes, such as ice jams and bridge openings restricted by debris. This division does not imply that districts outside the floodplain district, or that land uses permitted within such district will be free from flooding or flood damages.

(3)

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

(4)

Any person who fails to comply with any provisions of this division shall be subject to penalties, corrections, and remedies. The VA USBC addresses building code violations and associated penalties. Violations and associated penalties of this article are addressed in division 17.

(d)

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

(e)

Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter 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.

(f)

Administration. The zoning administrator is responsible for administering the provisions of this division and serves as the community floodplain administrator with duties including, but not limited to, the following:

(1)

Review applications for permits to determine whether proposed activities will be located in the special flood hazard area (SFHA).

(2)

Approve permits for new construction and substantial improvements that meet the requirements of these regulations.

(3)

Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

(4)

Review applications to determine that all necessary permits have been obtained, and in particular permits from state agencies for construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water.

(5)

Review elevation certificates and require incomplete or deficient certificates to be corrected.

(6)

Submit to the Federal Emergency Management Authority (FEMA), or require applicants to submit to FEMA, data and information necessary to maintain flood insurance rate maps, including hydrologic and hydraulic engineering analysis prepared by or for the city, within six months after such data and information becomes available if the analyses indicated changes in base flood elevation (BFE).

(7)

Maintain and permanently keep records that are necessary for the administration of these regulations, including flood insurance studies, flood insurance rate maps, letters of map changes, documentation supporting issuance and denial of permits, elevation certificates, variances, and records of enforcement action.

(8)

Prepare staff reports and recommendations to the board of zoning appeals for each application for a variance.

(Ord. No. 20-4, 11-24-20)

(a)

Description of districts.

(1)

Basis of districts. The various floodplain districts shall include areas subject to inundation by waters of the base flood. The basis for the delineation of these districts shall be the flood insurance study (FIS) and flood insurance rate map (FIRM) for the City of Bristol prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated February 4, 2004, and any subsequent revisions or amendments thereto.

a.

The floodway district is delineated, for purposes of this article, using the criterion that certain area within the floodplain must be capable of carrying the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in Table 3 of the above-referenced flood insurance study and shown on the accompanying FIRM.

b.

The flood-fringe district shall be that area of the SFHA not included in the floodway district. The basis for the outermost boundary of the district shall be the base flood elevation (BFE) contained in the flood profiles of the above-referenced flood insurance study and as shown on the accompanying FIRM. The AE zone shown on the FIRM comprises both floodway and flood-fringe districts, although there may be flood-fringe districts without floodway.

c.

The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a SFHA boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the flood insurance study. For these areas, the BFE and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific BFE cannot be determined for this area using other sources of data, such as the U. S. Army Corps of Engineers (USACE) Floodplain Information Reports, U. S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for any proposed use, development and/or activity that exceeds either five acres or five lots 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 city.

d.

The city reserves the right to require that base flood elevation be provided for development in flood-prone areas within 50 feet of any main drainage channel or stream that is not included in the flood insurance study. The BFE shall be determined by the same methods indicated in subsection c. of this subsection.

(2)

Overlay concept.

a.

The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official zoning map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

b.

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 districts shall apply.

c.

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.

(b)

Official zoning map. The boundaries of the floodplain districts are established as shown on the FIRM which is declared to be a part of this article and which shall be kept on file at the City of Bristol offices.

(c)

District boundary changes. The delineation of any of the floodplain districts may be revised by the city where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the USACE 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.

(d)

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

(Ord. No. 20-4, 11-24-20)

(a)

General provisions.

(1)

Permit requirement. All uses, activities, and development occurring within any floodplain district shall be undertaken only upon the issuance of the necessary permit(s). Such development shall be undertaken only in strict compliance with the provisions of the division and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code and the City of Bristol Subdivision Ordinance. 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.

(2)

Alteration or relocation of watercourse. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within the city a permit shall be obtained from the USACE, the Virginia Department of Environmental Quality (DEQ), and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Virginia Department of Conservation and Recreation (Division Dam Safety and Floodplain Management), and other appropriate agencies (such as the DEQ and the USACE) and copies of such notifications shall be submitted to FEMA.

(3)

Drainage facilities. Storm drainage facilities shall be designed to convey the flow of storm water runoff in a safe and efficient manner. The system shall insure 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.

(4)

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

a.

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

b.

For structures to be flood-proofed, the elevation to which the structure will be flood-proofed.

c.

The elevation of the base flood at the site.

d.

Topographic information showing existing and proposed ground elevations.

(5)

Construction requirements. The building official shall review all permit applications for new construction or substantial improvements to determine if the proposed building site(s) will be reasonably safe from flooding. If a proposed site is located in the SFHA (i.e. AE zone) all new construction or substantial improvements shall:

a.

Be designed or modified and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b.

Be constructed with materials resistant to flood damage.

c.

Be constructed by methods and practices that minimize flood damages.

d.

Be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

e.

For new or replacement water and sanitary sewer system projects, be designed to minimize or eliminate infiltration of flood waters into the system.

f.

For any on-site waste disposal systems, be located and constructed to avoid impairment or contamination.

(6)

Recreational vehicles are considered 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. Any such vehicle placed on a site must 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.

(7)

Certification. For all new or substantially improved structures located in the SFHA, the applicant shall furnish the following information to the building official, as determined by a professional engineer, architect, or other qualified professional:

a.

The as-built elevation (in relation to NGVD, 1988) of the lowest floor (including basement) and include whether or not such structures contain a basement.

b.

If the structure has been flood-proofed, the as-built elevation to which the structure was flood-proofed.

c.

Any certification of flood-proofing.

(8)

Manufactured homes. All manufactured homes to be placed or substantially improved within the SFHA shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot above the base flood elevation; and be securely anchored to resist floatation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

(9)

New construction and substantial improvements. Fully enclosed areas below the lowest floor that are subject to flooding are permitted provided they meet the following requirements:

a.

The enclosed area is unfinished or flood resistant, usable solely for the parking of vehicles, building access or storage,

b.

The area is not a basement,

c.

The area shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers and other coverings or devices provided that they permit automatic entry and exit of floodwater.

(10)

Subdivisions.

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;

c.

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

(11)

Accessory structures. Accessory structures in the SFHA shall comply with all applicable requirements of this division. If not elevated to one foot above BFE or dry flood-proofed, the structure shall meet the following requirements:

a.

Shall not be used for human habitation;

b.

Shall be limited to no more than 600 square feet in total floor area;

c.

Shall be used only for parking of vehicles or limited storage, and any electrical or mechanical equipment elevated above the BFE;

d.

Shall be constructed with flood damage-resistant materials below the BFE, and be anchored to prevent flotation, collapse, and lateral movement;

e.

Shall meet the design requirements in section 50-53(9)c. regarding openings to allow entry and exit of floodwaters.

(b)

Floodway district. In the floodway district no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the BFE. If any such development is allowed, it must also meet the requirements of the flood fringe district in (c).

(c)

Flood-fringe and approximated floodplain districts. In the flood-fringe and approximated floodplain districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying area provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the flood-proofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. In the flood-fringe district, the elevation of the lowest floor of approved residential structures shall be one foot above the base flood elevation Non-residential structures must have the lowest floor elevated or flood-proofed to one foot above the base flood elevation or more.

Within the approximated floodplain district, all new subdivision proposals and other proposed developments shall include within such proposals base flood elevation data. The applicant shall also delineate a floodway area based on the requirement that all existing and future development does not increase the BFE more than one foot at any one point. Within the floodway area delineated by the applicant, the provisions of subsection (b) shall apply.

Non-residential buildings located in the flood-fringe district may be floodproofed in lieu of being elevated, provided that all areas of building components below the elevation corresponding to the BFE plus one 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 area satisfied. Such certification include the specific elevation (in relation to mean seal level) to which such structures are floodproofed, shall be maintained by the zoning administrator.

For any flood-fringe district without a designated floodway, new development shall not be permitted unless it is demonstrated that the cumulative effect of all past and projected development will not increase the BFE by more than one foot.

(Ord. No. 20-4, 11-24-20)

Variances shall be issued only upon: (i) a showing of good and sufficient cause, (ii) after the board of zoning appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) after the board of zoning appeals has determined that the granting of such variance will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional 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.

While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the board of zoning appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this section.

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(1)

In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors:

a.

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway district that will cause any increase in the BFE.

b.

The danger that materials may be swept on to other lands or downstream to the injury of others.

c.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

d.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

e.

The importance of the services provided by the proposed facility to the community.

f.

The requirements of the facility for a waterfront location.

g.

The availability of alternative locations not subject to flooding for the proposed use.

h.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

i.

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

j.

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

k.

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

l.

Such other factors which are relevant to the purposes of this division.

(2)

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 evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.

(3)

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.

(4)

Variances shall be issued only after the board of zoning appeals has determined that variance will be the minimum required to provide relief from any hardship to the applicant.

(5)

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 BFE: (a) increases the risks to life and property, and (b) will result in increased premium rates for flood insurance.

(6)

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.

(Ord. No. 20-4, 11-24-20)

(a)

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 in the floodway district shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the base flood elevation.

(2)

Any modifications, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of less than 50 percent of its market value, elevation and/or flood-proofing should be considered 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 locations 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 division and the Virginia Uniform Statewide Building Code.

(Ord. No. 20-4, 11-24-20)