8A-1-1 Establishment of District:

A Floodplain Overlay District (FP) is hereby established and shall apply to all areas of special flood hazards within the County of Culpeper, Virginia. The provisions of the Floodplain Overlay District take precedence over any other zoning district, zoning article, or ordinance to the extent that the provisions of this section are inconsistent with such other provisions of the County Code of Ordinances. This Ordinance is adopted pursuant to the authority granted to localities by Va. Code § 15.2-2280.

8A-1-2 Purpose:

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

8A-1-2.1 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.

8A-1-2.2 Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding.

8A-1-2.3 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.

8A-1-2.4 Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

8A-1-3 Applicability:

These provisions shall apply to all publicly and privately owned lands within the jurisdiction of Culpeper County and identified as Special Flood Hazard Areas (ref) identified by the County or as shown on the Flood Insurance Rate Map (FIRM) or as may be included in the Flood Insurance Study (FIS) provided to Culpeper County by the Federal Emergency Management Agency (FEMA).

8A-1-4 Compliance and Liability:

8A-1-4.1 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 ordinance and any other applicable ordinances and regulations which apply to uses and structures within the jurisdiction of this ordinance.

8A-1-4.2 The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. 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 ordinance does not imply that districts outside the Floodplain Overlay District, or that land uses permitted within such district will be free from flooding or flood damages.

8A-1-4.3 This ordinance shall not create liability on the part of Culpeper County or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

8A-1-4.4 Records of actions associated with administering this ordinance shall be kept, maintained, and available for public inspection by the County for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on a FHBM or FIRM in accordance with the Code of Federal Regulations, 44 CFR 59.22(a)(9)(iii) (as amended or its successor regulation), including but not limited to, any certificates of floodproofing, and information on the elevation (in relation to mean sea level) of the level of the lowest floor (including basement) of all new or substantially improved structures, and include whether or not such structures contain a basement, and if the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed in perpetuity.

(Ord. of 2-2-2021)

8A-2-1 Permitted uses:

In the Floodplain Overlay District, the following uses, activities, and attendant structures are permitted provided they are in compliance with all of the provisions of this Ordinance and Article 8A, and the underlying zoning district provisions, and are not prohibited under this Article 8A or by any other ordinance within the County Code of Ordinances.

(All uses, activities, and developments shall be undertaken in strict compliance with the Floodproofing provisions contained in this and all other applicable codes and ordinances including, but not limited to, the Culpeper County Subdivision and Zoning Ordinances and Building Regulations, and the Virginia Uniform Statewide Building Code.)

8A-2-1.1 Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, aquaculture, forestry, sod farming, etc.

8A-2-1.2 Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching, and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas.

8A-2-1.3 Accessory residential uses such as yard areas, gardens, play areas and pervious loading areas.

8A-2-1.4 Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, pervious airport landing strips, etc.

8A-2-1.5 Structures, except for residential uses, including but not limited to dwelling units, accessory to the uses and activities stated above in this Section 8A-2-1.

8A-2-2 Special Uses:

The following uses and activities may be permitted by special use permit provided they are in compliance with all of the provisions of this Ordinance and Article 8A, and the underlying zoning district provisions, and are not prohibited under this Article 8A or by any other ordinance within the County Code of Ordinances; and, they satisfy the applicable standards contained in Article 17 of the Zoning Ordinance.

(All uses, activities, and developments shall be undertaken in strict compliance with the Floodproofing provisions contained in this and all other applicable codes and ordinances including, but not limited to, the Culpeper County Subdivision Ordinance, Zoning Ordinance and Building Regulations and the Virginia Uniform Statewide Building Code.)

8A-2-2.1 Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses.

8A-2-2.2 Water related uses and activities such as marinas, docks, wharves, piers, etc.

8A-2-2.3 Extraction of sand, gravel and other materials; dredging, filling, grading and channel improvements.

8A-2-2.4 Storage of materials and equipment provided they are either securely anchored or easily removable from the floodplain with minimal warning.

8A-2-2.5 Other uses and activities allowed in the applicable underlying zoning district provided (i) they cause no increase in flood heights and/or velocities as provided for in section 8A-5 and (ii) subject to securing a conditional use permit as provided for in Article 17, if required in the applicable underling zoning district.

8A-2-3 Use Limitations:

The following are absolute use limitations and are barred in the Floodplain Overlay District.

8A-2-3.1 The placement of any dwelling unit in a floodplain is prohibited.

8A-2-3.2 The location of any septic drain field within of a floodplain is prohibited

8A-2-3.3 The placement of any structure in a floodway is prohibited.

(Ord. of 2-2-2021)

8A-3-1 Designation of the Floodplain Administrator

The Planning and Zoning Director for Culpeper County is hereby designated to serve as the Floodplain Administrator. The Floodplain Administrator is hereby appointed to administer and implement these regulations. The Floodplain Administrator may delegate administrative acts and responsibilities, and ministerial duties, as set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees and agents, as may be appropriate in aid of his/her administration and enforcement of this Article. The Floodplain Administrator may enter into written agreements or contracts with another locality or qualified private entity to administer specific provisions of this Article 8A, as may be reasonable and appropriate. Administration of any part of Article 8A by another entity shall not relieve the County of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program, as set forth in the Code of Federal Regulations at 33 CFR 59.22 (as amended or its successor regulation). In the absence of a designated Floodplain Administrator, the County Administrator shall serve as the Floodplain Administrator.

8A-3-2 Duties and Responsibilities of the Floodplain Administrator

The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

8A-3-2.1 Review applications for permits to determine whether proposed activities will be located in the Special Flood Hazard Area (SFHA).

8A-3-2.2 Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

8A-3-2.3 Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.

8A-3-2.4 Review applications to determine whether necessary permits have been obtained from the Federal, State, or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (bridges, culverts, structures, etc.), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the one percent annual chance floodplain of free-flowing non-tidal waters of the State.

Verify that applicants proposing an alteration of watercourse have notified potentially affected adjacent localities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies, such as the Virginia Department of Environmental Quality and the United States Army Corps of Engineers, obtain copies of the notifications, and submit copies of such notifications to FEMA.

8A-3-2.5 Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.

8A-3-2.6 Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance or non-compliance with these regulations, so as to be able to determine whether violations of the provisions of this Article 8A have been committed and/or exist.

8A-3-2.7 Review Elevation Certificates and require incomplete or deficient certificates to be corrected.

8A-3-2.8 Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for Culpeper County, within six months after such data and information becomes available if the analyses indicate changes in the base flood elevations.

8A-3-2.9 Maintain and permanently keep records that are necessary for the administration of these regulations which may include but not limited to the following:

A.

Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps) and Letters of Map Change; and

B.

Documentation supporting issuance and denial of permits, Elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, inspection records, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

8A-3-2.10 Make determinations as to compliance, non-compliance, and violations under Article 8A. Enforce the provisions of these regulations and Article 8A, investigate violations, issues notices of violations and stop work orders, were appropriate, and require permit holders and others, as may be authorized under law, to take corrective action.

8A-3-2.11 Advise the Board of Zoning Appeals regarding the intent of these regulations and for each application for a variance. Prepare staff reports and recommendations for the Board of Zoning Appeals.

8A-3-2.12 Administer the requirements related to proposed work on existing buildings:

A.

Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.

B.

Make reasonable efforts to notify owners of substantially damaged structures, and the need for such owners to obtain permits to repair, rehabilitate, or reconstruct structures, as authorized by law and consistent with this Article 8A. Prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.

8A-3-2.13 Undertake other lawful mandatory and discretionary actions consistent with the pertinent federal and state law, which may include but are not limited to: issuing press releases and/or public service announcements and other public information materials related to permit requests and repair of damaged structures; coordinating with other Federal, State, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for Increased Cost of Compliance coverage under NFIP flood insurance policies.

8A-3-2.14 Notify the Federal Management Agency when the corporate boundaries of the County have been modified; providing a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation.

8A-3-2.15 Prepare amendments to these regulations to adopt the FIRM and other lawful requirements, and submit the prepared amendments to the Board of Supervisors for consideration and adoption, if the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations. The adoption of amendments necessitated by and/or attendant to annexation, shall take place at the same time as, or prior to the date of annexation. Copies of amendments and amended regulations and provisions of this Article 8A shall be provided to the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

8A-3-2.16 Upon request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

8A-3-2.17 It is the duty of the Floodplain Administrator to take into account flood, mudslide and flood related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of the County, whether or not those hazards have been specifically delineated geographically (e.g., via mapping or surveying).

(Ord. of 2-2-2021)

8A-4-1 Basis of Districts

The various special flood hazard districts shall include the SFHAs. The basis for the delineation of these districts shall be the FIS and the FIRM for Culpeper County, Virginia and Unincorporated Areas prepared by the Federal Emergency Management Agency, dated February 26, 2021 and any subsequent or amendments thereto.

The County may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks or approximate study methodologies.

The boundaries of the SFHA Districts are established as shown on the FIRM which is declared to be a part of this ordinance and which shall be kept on file at the county's Department of Development offices.

8A-4-1.1 The Floodway District is in an AE zone and is delineated, for purposes of this ordinance, using the criterion that certain areas within the floodplain must be capable of carrying the waters on the one percent annual chance flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this District are specifically defined in the above referenced FIS and shown on the accompanying FIRM.

The following provisions shall apply within the Floodway District of an AE zone [44 CFR 60.3(d)]:

A.

Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it is demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not result in any increase of the water surface elevation of the base flood at any point within the County. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.

B.

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

8A-4-1.2 The AE, or AH Zones on the FIRM accompanying the FIS shall be those areas for which one-percent annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone [44CFR 60.3(c)] where FEMA has provided base flood elevations.

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, AE, AH on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the County.

Development activities in Zones A1-30, AE, or AH on the county's FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies, with the county's endorsement, for a Conditional Letter of Map Revision, and receives the approval of FEMA.

8A-4-1.3 The A Zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply [44 CFR 60.3(b)]:

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

The Floodplain Administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus eighteen (18) inches.

During the permitting process, the Floodplain Administrator shall obtain:

A.

The elevation of the lowest floor (in relation to mean sea level), including the basement, of all new and substantially improved structures; and,

B.

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.

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other development proposals (including manufactured homes and subdivisions) that exceed fifty lots or five acres, whichever is the lesser.

8A-4-2 Overlay Concept

The Floodplain Overlay District described above shall be overlays to the existing underlying zoning district areas as shown on the Official Zoning Ordinance Map, and as such, the provisions for the Floodplain Overlay District shall serve as a supplement to the underlying zoning district provisions.

Any conflict between the provisions or requirements of the Floodplain Overlay District and those of any underlying zoning district, the more restrictive provisions and/or those pertaining to the Floodplain Overlay District shall apply.

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

8A-4-3 Official Zoning Map

The boundaries of the Floodplain Overlay District are established as shown on the Flood Insurance Rate Map which is declared to be a part of this ordinance and which shall be kept on file at the Culpeper County offices.

8A-4-4 District Boundary Changes

The delineation of any of the Floodplain Overlay District may be revised by the Culpeper County Board of Supervisors where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. A completed LOMR is a record of this approval.

8A-4-5 Interpretation of District Boundaries

The Floodplain Administrator shall make initial interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. Should a dispute arise concerning the boundaries of the Districts, the Board of Zoning Appeals shall make the necessary determination. The following shall apply to the use and interpretation of FIRMs and data:

8A-4-5.1 Where field surveyed topography indicates that adjacent ground elevations:

A.

Area below the base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations.

B.

Area above the base flood elevation, the area shall be regulated as a special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the SFHA.

8A-4-5.2 In FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a Federal, State, or other source shall be reviewed and reasonably used.

8A-4-5.3 Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.

8A-4-5.4 Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.

8A-4-5.5 If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has been provided by FEMA:

A.

Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purpose of administering these regulations.

B.

Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

C.

Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

8A-4-6 Jurisdictional Boundary Changes

The County floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, the governing body shall prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22 (a) (9) (v) all NFIP participating communities must notify the Federal Insurance Administration and optionally the State Coordinating Office in writing whenever the boundaries of the County have been modified by annexation or the County has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.

In order that all Flood Insurance Rate Maps accurately represent the County's boundaries, a copy of a map of the County suitable for reproduction, clearly delineating the new corporate limits or new area for which the County has assumed or relinquished floodplain management regulatory authority must be included with the notification.

8A-4-7 Submitting Model Backed Technical Data

The County's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the County shall notify FEMA of the changes by submitting technical or scientific data. The County may submit data via a LOMR. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based on current data.

8A-4-8 Letters of Map Revision

When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a Conditional Letter of Map Revision and then a Letter of Map Revision.

Examples may include but are not limited to:

A.

Any development that causes a rise in the base flood elevations within the floodway.

B.

Any development occurring in Zones A1-30 and AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation.

C.

Alteration or relocation of a stream (including but not limited to installing culverts and bridges).

(Ord. of 2-2-2021)

8A-5-1 General

8A-5-1.1 Permit Requirement. All uses, activities, and development occurring within the Floodplain Overlay District, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this ordinance and with all other applicable codes and ordinances, including but not limited to the Virginia Uniform Statewide Building Code and the Culpeper County Subdivision Regulations. Prior to the issuance of any such permit, the Floodplain Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. 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.

8A-5-1.2 Alteration or Relocation of Watercourse. Prior to any proposed alteration or relocation of any channels or any watercourse, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and the Federal Emergency Management Agency. This provision does not apply to the removal of weather-related, wildlife-related, or other unanticipated obstructions from a channel or watercourse to return flow to the natural bed of the channel or waterway, nor does it apply to the reinforcement of a channel or watercourse bank to address an unanticipated compromise/breach, and reinforce flow within the natural bed of the channel or waterway.

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

8A-5-1.3 Site Plans and Permit Applications. All applications for development in the Floodplain Overlay District and all 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 floodproofed (non-residential only), the elevation to which the structure will be floodproofed.

C.

The elevation of the Base Flood at the site.

D.

Topographic information showing existing and proposed ground elevations.

8A-5-1.4 General Standards.

A.

New construction or Substantial improvements shall be built according to this ordinance and the Virginia Uniform Statewide Building Code, and anchored to prevent flotation, collapse or lateral movement of the structure.

B.

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

C.

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

D.

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding.

E.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

F.

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

G.

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

8A-5-1.5 Elevation and Construction Standards.

In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional, the following provisions shall apply:

A.

Residential Construction. New construction or substantial improvement of any residential structure (including manufactured homes) in Zones A1-30, AE, AH and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus eighteen (18) inches.

B.

Non-Residential Construction.

1.

New Construction or substantial improvement of any commercial, industrial, or non- residential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus eighteen (18) inches.

2.

Non-residential buildings located in all A1-30, AE, and AH zones may be floodproofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus two feet are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the Floodplain Administrator.

C.

Space Below the Lowest Floor. In zones A, AE, AH, AO A1-A30, fully enclosed areas of new construction or substantially improved structures, which are below the regulatory protection elevation shall:

1.

Not be designed or used for human habitation, but shall be used solely for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator).

2.

Be constructed entirely of flood resistant materials below the regulatory flood protection elevation;

3.

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must be either certified by a professional engineer or architect or meet the following criteria:

a.

Provide a minimum of two 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 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.

Accessory Structures. Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of this Article, if not elevated or dry floodproofed, shall:

1.

Not be used for human habitation or as a dwelling unit;

2.

Be usable only for parking of vehicles or limited storage;

3.

Be constructed with flood damage-resistant materials below the base flood elevation;

5.

Be constructed and placed to offer the minimum resistance to the flow of floodwaters;

5.

Be anchored to prevent flotation;

6.

Have electrical service and mechanical equipment elevated to or above the base flood elevation;

7.

Shall be provided with flood openings which shall meet the following criteria:

a.

There shall be a minimum of two flood openings on different sides of each enclosed area; if a building has more than one enclosure below the lowest floor, each such enclosure shall flood openings on exterior walls.

b.

The total net area of all flood openings shall be at least 1 square inch for each square foot of enclosed area (non-engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an Evaluation Report issued by the ICC Evaluation Service, Inc.

c.

The bottom of each flood opening shall be 1 foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening.

d.

Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area.

E.

Standards for Manufactured Homes and Recreational Vehicles.

1.

In zones A and AE, all manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction, including the elevation and anchoring requirements found in this Article.

2.

Recreational Vehicles - Recreational vehicles placed on sites shall either;

a.

Be on the site for fewer than 180 consecutive days, be fully licensed and read for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions, or

b.

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

(Editor's Note: There are no AH and AO zones in the County, so they are not discussed herein this section)

8A-5-1.6 Standards for Subdivision Proposals

A.

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

B.

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

C.

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

D.

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a Flood Insurance Study for subdivision proposals and other proposed developments (including manufactured home parks and subdivisions) that exceed fifty lots or five acres, whichever is the lesser.

(Ord. of 2-2-2021)

Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved unless one of the following exceptions is established before the change is made:

8A-6-1 The Floodplain Administrator has determined that:

A.

Change is not a substantial repair or substantial improvement; and

B.

No new square footage is being built in the floodplain that is not compliant; and

C.

No new square footage is being built in the floodway; and

D.

The change complies with this ordinance and the Virginia Uniform Statewide Building Code; and

E.

The change, when added to all the changes made during a rolling 5-year period does not constitute 50% of the structure's value.

8A-6-2 The changes are required to comply with a citation for a health or safety violation.

8A-6-3 The structure is a historic structure and the change required would impair the historic nature of the structure. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

(Ord. of 2-2-2021)

8A-7-1 Factors to be Considered

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 acre, deviations from that limitation may occur. However, as the lot size increases beyond one acre, the technical justification required for issuing a variance increased, Variances may be issued by the Board of Zoning Appeals for new construction and substantial improvements to be erected on a lot of one 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.

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:

8A-7-1.1 The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway that will cause any increase in the one percent (1%) chance flood elevation.

8A-7-1.2 The danger that materials may be swept on to other lands or downstream to the injury of others.

8A-7-1.3 The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

8A-7-1.4 The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

8A-7-1.5 The importance of the services provided by the proposed facility to the locality.

8A-7-1.6 The requirements of the facility for a waterfront location.

8A-7-1.7 The availability of alternative locations not subject to flooding for the proposed use.

8A-7-1.8 The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

8A-7-1.9 The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

8A-7-1.10 The safety of access by ordinary and emergency vehicles to the property in time of flood.

8A-7-1.11 The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

8A-7-1.12 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.

8A-7-1.13 Such other factors which are relevant to the purposes of this ordinance.

8A-7-2 Referral

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.

8A-7-3 Determinations

Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such 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.

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 exceptional hardship to the applicant.

8A-7-4 Notification

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 percent (1%) chance flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance.

8A-7-5 Records to be Kept

A record shall be maintained of the above notification as well as all variance action, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(Ord. of 2-2-2021)

8A-8-1 Abrogation and Greater Restrictions:

When in conflict, the provisions of this Article 8A generally supersede any ordinance in effect under other chapters of the County Code of Ordinances, including those in effect under other articles of the Zoning Ordinance (Appendix A) or the Building Regulations (Chapter 6) in the Culpeper County Code currently in effect in flood-prone districts, except as provided herein this section. Any ordinance in effect under other articles of the Zoning Ordinance (Appendix A) in the Culpeper County Code shall remain in full force and effect, but in the event of conflict with the provisions of this Article 8A, the more restrictive provision shall prevail. These regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes and regulations. In the event of a conflict between the provisions of this Article 8A and any other Culpeper County ordinance, the more restrictive shall govern.

8A-8-2 Severability:

If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance and Article 8A shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this Ordinance and Article 8A. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this Ordinance and Article 8A are hereby declared to be severable.

8A-8-3 Violations:

Any person who fails to comply with any of the requirements or provisions of this Ordinance and Article 8A shall be in violation of the Culpeper County Code of Ordinances, and specifically the Zoning Ordinance (Appendix A) and guilty of a zoning violation, and subject to the appropriate civil or criminal action and penalties as are provided for in the County Code of Ordinances, in the Zoning Ordinance (Appendix A), herein this Article 8A and including but not limited to Article 23, and/or under the laws of the Commonwealth of Virginia. Enforcement actions may be instituted by the County and/or by the Floodplain Administrator consistent with the provisions of this Ordinance and Article 8A.

In addition to the above penalties, the authority to institute all other civil actions as are permitted under state and federal law are hereby reserved, including an action in equity and/or seeking injunctive relief for meaningful and proper enforcement of this Article 8A, which is a part of the Zoning Ordinance (Appendix A). The imposition of a fine or penalty for any violation of, or noncompliance with, this Article 8A does not excuse the violation, or noncompliance - or permit any noncompliance to continue; and all such persons shall be required to correct or remedy such violation within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with or violation of this Article 8A may be declared by the Floodplain Administrator to be a public nuisance and abatable as such. Flood insurance may be withheld by federal and/or state authorities, as permitted under state and federal law, from structures constructed and used in violation of this Article 8A.

(Editor's Note: The Uniform Statewide Building Code, as incorporated into the Code of Virginia and adopted within the Culpeper County Code of Ordinances, addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the Zoning Ordinance are generally addressed in Article 23 of the Zoning Ordinance.)

(Ord. of 2-2-2021)

8A-9-1 Appurtenant or Accessory Structure

A non-residential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure.

8A-9-2 Base Flood

The flood having a one percent chance of being equaled or exceeded in any given year.

8A-9-3 Base Flood Elevation (BFE)

The water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in a given year. The water surface elevation of the base flood in relation to the datum specified on the Flood Insurance Rate Map. For purposes of this ordinance, the base flood is the 1% annual chance.

8A-9-4 Basement

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

8A-9-5 Board of Zoning Appeals

The Board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator and/or Floodplain Administrator in the interpretation of this Ordinance and Article 8A.

8A-9-6 Development

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, temporary structures, mining, dredging, filling, grading, paving, excavation or drilling operations other land-disturbing activities, permanent or temporary storage of equipment or materials.

8A-9-7 Dwelling unit

A unit of residence for one or more persons.

8A-9-8 Elevated building

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

8A-9-9 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.

8A-9-10 Existing Construction or Structures

For the purposes of the insurance program, structures for which the "start of construction" commenced before July 17, 1978.

8A-9-11 Existing manufactured home park or subdivision

Means 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 constructions 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 the community.

8A-9-12 Expansion to an existing manufactured home park or subdivision

Means 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).

8A-9-13 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 waters; or

b.

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

c.

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.

2.

The collapse of 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 a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph 1(a) of this definition.

8A-9-14 Flood Insurance Rate Map (FIRM)

An official map of the locality, on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the locality. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

8A-9-15 Flood Insurance Study (FIS)

A report by FEMA that examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

8A-9-16 Floodplain or flood-prone area

Any land area susceptible to being inundated by water from any source.

8A-9-17 Floodproofing

Any combination of structural and non-structural 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.

8A-9-18 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 one foot at any point within the locality.

8A-9-19 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.

8A-9-20 Functionally dependent use

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.

8A-9-21 Highest adjacent grade

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

8A-9-22 Historic Structure: Any structure that is:

A.

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;

B.

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

C.

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;

D

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary in states without approved programs.

8A-9-23 Hydrologic and Hydraulic Engineering Analysis

Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevation, floodway information and boundaries, and flood profiles.

8A-9-24 Letters of Map Change (LOMC)

A letter of map change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

A.

Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a land as defined by metes and bounds or structure is not located in a special flood hazard area.

B.

Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, floodplain, and floodway delineations, and planimetric features. A Letter of Map Revision Based of Fill (LOMR-F), is a determination that structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the locality's floodplain management regulations.

C.

Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study.

8A-9-25 Lowest adjacent grade

The lowest natural elevation of the ground surface next to the walls of a structure.

8A-9-26 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 non-elevation design requirements of the Code of Federal Regulations at 44 CFR 60.3.

8A-9-27 Manufactured home

A structure, transportable in one 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 180 consecutive days.

8A-9-28 Manufactured home park or subdivision

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

8A-9-29 Mean Sea Level

For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on a community's FIRM are referenced.

8A-9-30 New Construction

For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after July 17, 1978, and includes and subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a locality and includes any subsequent improvements to such structures. Such structure is also referred to as "post-FIRM".

8A-9-31 New manufactured home park or subdivision

Means 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 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.

8A-9-32 Post FIRM structures

A structure for which construction or substantial improvement occurred after July 17, 1978.

8A-9-33 Pre-FIRM structures

A structure for which construction or substantial improvement occurred on or before July 17, 1978.

8A-9-34 Recreational Vehicle

A vehicle which is:

A.

Built on a single chassis;

B.

Four hundred (400) square feet or less when measured at the largest horizontal projection;

C.

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

D.

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

8A-9-35 Repetitive Loss Structure

A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions in a 10-year period, in which the cost of the repair, on the average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

8A-9-36 Severe repetitive loss structure

A structure that: (a) is covered under a contract for flood insurance made available under the NFIP; and (b) has incurred flood related damage (i) for which 4 or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000; or (ii) for which at least 2 separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure.

8A-9-37 Shallow flooding area

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

8A-9-38 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 this Article.

8A-9-39 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 180 days of the permit. The actual start means either the first placement of permanent construction or a structure on a site, such as pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent Construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

8A-9-40 Structure

For floodplain 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.

8A-9-41 Substantial Damage

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. It also means flood-related damages sustained by a structure on two occasions in a 10-year period, in which the cost of the repair on the average, equals or exceeds 25 percent of the market value of the structure at the time of each such flood event.

8A-9-42 Substantial Improvement

1.

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement.

The term does not, however, include either:

A.

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

B.

Any alteration of a "historic structure", provided that the alteration will not preclude the structures continued designation as a "historic structure". Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

8A-9-43 Violation

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

8A-9-44 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.

8A-9-45 Wherein the word "locality" is found or used in this Article 8A, it may be interchangeably interpreted as the word "community", as may be found or used in the related federal and state law and regulations.

(Ord. of 2-2-2021)

All references herein Article 8A to the Code of Federal Regulations shall apply and are adopted and incorporated mutatis mutandis.

(Ord. of 2-2-2021)