This article establishes overlay districts, which apply additional standards to the development and design requirements of land in the city. These district standards exist as overlays to the existing underlying zoning districts, and, as such, the provisions for the overlay districts do not replace, but shall serve to supplement the underlying district provisions. The city has the following overlay zoning district(s):

Table 5.1 Overlay Zoning Districts

(a)

Flood hazard overlay district (FH). The purpose of the flood hazard overlay district provisions are to prevent:

(1)

The loss of life and property;

(2)

The creation of health and safety hazards;

(3)

The disruption of commerce and governmental services;

(4)

The extraordinary and unnecessary expenditure of public funds for flood protection and relief; and

(5)

The impairment of the tax base by:

a.

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

b.

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;

c.

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

d.

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

For the purposes of this division, the following terms shall have the meaning ascribed to them, unless the context clearly requires otherwise:

100-year flood means the flood having a one percent chance of being equaled or exceeded in any given year. It does not imply that no greater flood is likely to occur, nor that such a flood will not happen more often than once every 100 years.

Base flood, for the purposes of this division, means the 100-year flood. The flood having a one percent chance of being equaled or exceeded in any given year.

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

Basement means any area of the building having its floor surface sub-grade (below ground level) on any side.

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

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

Encroachment, for the purposes of this division, means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Existing construction means structures for which the start of construction commenced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures" and "pre-FIRM."

Existing structure. See existing construction.

Federal Emergency Management Agency (FEMA) means an independent agency of the United States government that provides a single point of accountability for all federal emergency preparedness and mitigation and response activities.

Fill means the placing of any material which results in increasing the natural ground surface elevation.

Flood or flooding means:

(1)

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

a.

The overflow of inland or tidal waters;

b.

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

c.

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

(2)

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

Flood hazard district means the land located within the base flood area which includes the floodway and the approximated floodplain district.

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

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

Floodplain or flood-prone area means any land susceptible to being inundated by water from any source.

Floodproofing means a combination of design modifications that results in a building or structure that is subject to flooding, including the attendant utility and sanitary facilities, being watertight with walls substantially impermeable to the passage of water.

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

Floodway fringe. The floodway fringe encompasses the portion of the floodplain that could be completely obstructed without increasing the base flood elevation by more than one foot at any point.

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

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

Historic structure means any structure that is:

(1)

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

(2)

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

(3)

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

(4)

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

a.

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

b.

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

Hydrological and hydraulic engineering analysis means analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the state department of conservation and recreation (DCR) and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

Letters of map change (LOMC) means an official FEMA determination, by letter, that amends or revises an effective FIRM or FIS. Letters of map change include:

(1)

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 FIRM and establishes that a land as defined by metes and bounds, or structure is not located in a special flood hazard area.

(2)

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 on fill (LOMR-F) is a determination that a 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. To qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

(3)

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 FIRM or FIS.

Lowest adjacent grade means the lowest natural elevation of the ground surface next to the walls of a structure.

Lowest floor means the floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access, or limited storage provided that such enclosure is not built to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.

Manufactured home means 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.

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

New construction, for the purposes of determining insurance rates, means structures for which the "start of construction" commenced on or after February 2, 1989, and includes any subsequent improvements to such structures. For floodplain management or development 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 the city and includes any subsequent improvements to such structures.

Post-FIRM structures means a structure for which construction or substantial improvement occurred on or after February 2, 1989.

Pre-FIRM structures means a structure for which construction or substantial improvement occurred on or before February 2, 1989.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

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

(3)

Designed to be self-propelled or towable; and

(4)

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

Repetitive loss structure means a building covered by a contract for flood insurance that has incurred flood-related damages on two occasions in a ten-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.

Severe repetitive loss structure means a structure that:

(1)

Is covered under a contract for flood insurance made available under the NFIP; and

(2)

Has incurred flood related damage:

a.

For which four or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding $5,000.00, and with the cumulative amount of such claims payments exceeding $20,000.00; or

b.

For which at least two separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure.

Shallow flooding area means 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.

Special flood hazard area (SFHA) means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in section 90-316 of article V.

Start of construction means 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 date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

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

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

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

(1)

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

(2)

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

Violation means the failure of a structure or other development to be fully compliant with the city's floodplain management regulations in this division. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 60.3(d)(3) of the National Flood Insurance Program regulations, is presumed to be in violation until such time as that documentation is provided.

Watercourse means 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.

Zone, A means those areas for which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated.

Zone, AE. means a flood hazard zone with two categories defined below as:

(1)

Category 1 areas shall be those areas for which one percent annual chance flood elevations have been provided and the floodway has been delineated.

(2)

Category 2 areas 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.

Zone, X. means those areas of two-tenths percent annual chance flood or areas of one percent annual chance flood with average depths of less than one foot or with drainage areas less than one square mile.

This division is adopted pursuant to the authority granted to localities by Code of Virginia, § 15.2-2280, as amended, and may be referred to as the city flood hazard overlay district, flood hazard overlay, floodplain overlay, or floodplain regulations.

These provisions shall apply to all lands within the jurisdiction of the city and identified as special flood hazard areas (SFHAs) identified by the city or shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to the city by the Federal Emergency Management Agency (FEMA).

(a)

No land shall hereafter be developed, and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this division, and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance.

(b)

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

(c)

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

(a)

This division supersedes any locally adopted flooding regulations currently in effect in flood-prone districts. Any regulations, however, shall remain in full force and effect to the extent that its provisions are more restrictive.

(b)

These regulations are not intended to repeal or abrogate any existing ordinances including zoning and/or subdivision ordinances or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.

(a)

Any person who fails to comply with any of the requirements or provisions of this division, or directions of the administrator, or any other authorized employee of the city, shall be subject to the penalties pursuant to the Code of Virginia, and as outlined in the VA Uniform Statewide Building Code (USBC) for building code violations, and article II, division 4, enforcement, of this ordinance for violations and associated penalties.

(b)

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this division.

(c)

The imposition of a fine or penalty for any violation of, or noncompliance with, this division shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time.

(d)

Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this division may be declared by the city to be a public nuisance and abatable as such.

(e)

Flood insurance may be withheld from structures constructed in violation of this division.

The city shall appoint a designee to administer and implement the regulations of this division, referred to herein as the administrator. The administrator may:

(1)

Administer the duties and responsibilities herein.

(2)

Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

(3)

Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.

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

(1)

Review applications for permits to determine whether proposed activities will be located in a SFHA.

(2)

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

(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.

(4)

Review applications to determine whether all 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 (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, including any change to the 100-year frequency floodplain of free flowing non-tidal waters of the state.

(5)

Verify that an applicant proposing to alter a watercourse has notified adjacent local governments, the Department of Conservation and Recreation Division of Dam Safety and Floodplain Management (DCR), the Virginia Department of Environmental Quality (DEQ) and the US Army Corp of Engineers (USACE) and has submitted copies of such notifications to FEMA.

(6)

Approve applications and issue permits to develop in SFHA if the provisions of this division have been met or disapprove applications if the provisions of this division have not been met.

(7)

Inspect, or cause to be inspected, prospective buildings, structures, and other prospective development for which permits have been issued to determine compliance with this division or to determine if noncompliance has occurred or violations have been committed.

(8)

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

(9)

Submit to FEMA, or require to be submitted to FEMA, at the applicant's expense, data, and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the city, within six months after such data and information becomes available if the analysis indicates changes in base flood elevations.

(10)

Maintain and permanently keep records that are necessary for the administration of these regulations, including:

a.

Copies of FISs, FIRMS (including historic studies and maps and current effective studies and maps), and letters of map change (LOMC); 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, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

(11)

Enforce the provisions of these regulations, investigate violations, issue notices of violation, and require permit holders to take corrective action.

(12)

Advise the board of zoning appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.

(13)

Administer the requirements related to proposed work on existing buildings:

a.

Make determinations as to whether buildings and structures that are in SFHA that are damaged by any cause have been substantially damaged.

b.

Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct the structure. Prohibit the repair of a substantially damaged building without a permit, except for temporary emergency protective measures necessary to secure a property or to stabilize a building or structure to prevent additional damage.

(14)

Undertake, as determined appropriate by the administrator due to the circumstances, other actions, which may include but are not limited to: issuing press releases, 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 SFHAs and assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under National Flood Insurance Program (NFIP) flood insurance policies.

(15)

Notify FEMA when the corporate boundaries of the city have been modified and:

a.

Provide 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; and

b.

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, 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 DCR and FEMA.

(16)

Upon the 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.

(17)

It is the duty of the administrator to consider 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 city, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying).

Records of actions associated with administering this division shall be kept on file and maintained by the administrator or their designee.

The administrator shall make interpretations, where needed, as to the exact location of SFHA, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:

(1)

Where field surveyed topography indicates that adjacent ground elevations:

a.

Are below the base flood elevation in riverine SFHAs, even in areas not delineated as a SFHA on a FIRM, the area shall be considered as a SFHA and subject to the requirements of these regulations; or

b.

Are above the base flood elevation, the area shall be regulated as a SFHA unless the applicant obtains a LOMC that removes the area from the SFHA.

(2)

In FEMA-identified SFHAs 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.

(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.

(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.

(5)

If a preliminary FIRM and/or a preliminary FIS has been provided by FEMA:

a.

Upon the issuance of a letter of final determination (LOFD) by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.

b.

Prior to the issuance of a LOFD by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to section 90-316 as defined by this division and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

c.

Prior to issuance of a LOFD 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.

(a)

The county flood hazard overlay 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 NFIP. The city 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 SFHAs with 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 DCR Division of Dam Safety and Floodplain Management and FEMA.

(b)

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 community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.

(c)

To ensure that all FIRMs accurately represent the community's boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed, or relinquished floodplain management regulatory authority must be included with the notification.

The delineation of the flood hazard overlay district may be revised by the city council 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 FEMA. An approved letter of map revision (LOMR) serves as record of this change.

Initial interpretations of the boundaries of the flood hazard overlay district shall be made by the administrator or designee. Should a dispute arise concerning the boundaries of any of the districts, the BZA shall make the necessary determination in accordance with article III, permits and applications, of this ordinance. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the BZA and to submit his own technical evidence if they so desire.

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

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 (CLOMR) or a LOMR. Examples include:

(1)

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

(2)

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

(3)

Alteration or relocation of a stream (including but not limited to installing culverts and bridges) 44 CFR 65.3 and 65.6(a)(12).

(a)

Basis of flood hazard zones.

(1)

The various flood hazard zones shall include special flood hazard areas (SFHA). The basis for the delineation of these zones shall be the FIS and FIRM for the city and incorporated areas prepared by FEMA, Federal Insurance Administration, dated July 7, 2009, and any subsequent revisions or amendments thereto.

(2)

The city 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 approximated study methodologies.

(3)

The boundaries of the SFHA and flood hazard zones are established as shown on the FIRM, which is declared to be a part of this division and shall be kept on file at the city planning and zoning department.

(b)

Description of flood hazard zones. The flood hazard zones described below shall constitute the flood hazard overlay district. It shall be an overlay to the existing underlying zoning districts as shown on the official zoning ordinance map, and as such, the provisions for the flood hazard overlay district shall serve as a supplement to the underlying district provisions.

(1)

Floodway areas. Those areas in an AE zone(s) and delineated, for purposes of this division, using the criterion that certain areas within the floodplain must be capable of carrying the water of the one percent annual chance flood without increasing the water surface elevation of that flood more than one foot at any point. These areas included in this flood hazard overlay district are specifically defined in table 2 of the city FIS and shown on the accompanying FIRM.

(2)

AE Zone. A flood hazard zone with two categories:

a.

Category 1 areas shall be those areas for which one percent annual chance flood elevations have been provided and the floodway has been delineated.

b.

Category 2 areas 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.

(3)

A Zone. Those areas for which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated.

(4)

X Zone. Other flood districts shall be those areas identified as zone X on the FIRM. This zone includes areas of two-tenths percent annual chance flood or areas of one percent annual chance flood with average depths of less than one foot or with drainage areas less than one square mile.

In the flood hazard overlay district, the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:

Table 5.2 Permitted Uses in Flood Hazard Zones

(a)

Development in floodway areas.

(1)

Within any designated floodway areas, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

a.

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 administrator.

b.

If subsection (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of sections 9-320 and 90-321.

(2)

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies—with the city's endorsement—for a conditional letter of map revision (CLOMR) and receives the approval of FEMA.

(b)

Development in AE zones.

(1)

Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within AE zones, 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 city.

(2)

Development activities 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 city's endorsement—for a conditional letter of map revision (CLOMR) and receives the approval of FEMA.

(c)

Development in A zones.

(1)

Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within A zones, 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 city.

(2)

Development activities 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 city's endorsement—for a conditional letter of map revision (CLOMR) and receives the approval of FEMA.

(3)

For these areas, the base flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available (44 CFR 60.3(b)).

(4)

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 and/or activity shall determine this base flood elevation, in the following manner:

a.

The elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.

b.

Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the administrator.

c.

The administrator reserves the right to require a hydrologic and hydraulic analysis for any development in this zone.

d.

When such base flood elevation data is utilized, the lowest floor shall be 24 inches above the base flood elevation.

(a)

Permit requirement.

(1)

All uses, activities and, development occurring within the flood hazard overlay district shall be undertaken only upon the issuance of a permit.

a.

Prior to the issuance of any such permit, the 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.

b.

Such development shall be undertaken only in strict compliance with the provisions of this division and with all other applicable codes and ordinances, as amended, such as the VA USBC and this ordinance.

(2)

Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways or any watercourse, drainage ditch or any other drainage facility or system.

a.

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 U.S. Army Corps of Engineers, the Virginia Marine Resources Commission, and the Virginia State Water Control Board.

b.

Further notification of the proposal shall be given to all adjacent jurisdictions, the Division of Dam Safety and Flood Plain Management at the Department of Conservation and Recreation and the Federal Emergency Management Agency.

(b)

Site plans and permit applications.

(1)

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

a.

The elevation of the base flood at the site;

b.

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

c.

For structures to be floodproofed (non-residential only), the elevation to which the structure will be floodproofed.

d.

Topographic information showing existing and proposed ground elevations.

(c)

Standards for subdivision proposals. All subdivision proposals shall:

(1)

Any subdivision proposal or other proposed development (including proposals for manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is less, in an area where BFE data is not available, or the SFHA has not been delineated, shall include data using detailed methodologies, including a hydraulic and hydrologic analysis, comparable to those contained in a FIS. Once identified, those areas shall be subject to the requirements of this division.

(2)

Have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; and

(3)

Have adequate drainage provided to reduce exposure to flood hazards.

In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with section 90-316 above, the following provisions shall apply:

(1)

General standards. The following shall apply to all permits:

a.

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

b.

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for anchoring to resist wind forces.

c.

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

d.

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

e.

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

f.

New construction and replacement of any utilities and facilities shall follow the provisions of section 90-321 of this article.

(2)

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in zones AE and A, shall have the lowest floor, including basement, elevated to or above the base flood level plus 24 inches.

(3)

Nonresidential construction.

a.

New construction or substantial improvement of any commercial, industrial, or nonresidential building shall have the lowest floor, including basement, elevated to or above the base flood level plus 24 inches.

b.

Non-residential buildings located in all A and AE zones may be floodproofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the base flood elevation 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 to which such structures are floodproofed, shall be maintained by the administrator.

(4)

Space below the lowest floor.

a.

In zones A and AE, fully enclosed areas of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

1.

Not be designed or used for human habitation, but shall 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; and

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 either be certified by a professional engineer or architect or meet the following minimum design criteria:

(i)

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

(ii)

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

(iii)

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

(iv)

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

(v)

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

(vi)

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.

(5)

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

a.

Not be used for human habitation;

b.

Be limited to no more than 200 square feet in total floor area;

c.

Be useable only for parking of vehicles or limited storage;

d.

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

e.

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

f.

Be anchored to prevent floatation;

g.

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

h.

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

1.

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 have flood openings on exterior walls.

2.

The total net area of all flood openings shall be at least one 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.

3.

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

4.

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

i.

A signed declaration of land restriction (non-conversion agreement) shall be recorded on the property deed.

(6)

Recreation vehicles. All recreational vehicles placed on sites must either:

a.

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

b.

Meet all the requirements of subsection (1) above.

(a)

Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants, including all pumping stations and collector systems, shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.

(b)

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

(c)

Drainage facilities. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal systems. The city council may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

(d)

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

(e)

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

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:

(1)

The administrator has determined that:

a.

Change is not a substantial repair or substantial improvement;

b.

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

c.

No new square footage is being built in the floodway;

d.

The change complies with this ordinance and the VA USBC; and

e.

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

(2)

The changes are required to comply with a citation for a health or safety violation.

(3)

The structure is a historic structure and the change required would impair the historic nature of the structure.

(a)

General.

(1)

A request for a variance to the requirements of this flood hazard overlay district may be made in accordance with article III, permits and applications, of this ordinance.

(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.

(b)

Limitations.

(1)

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.

(2)

No variance shall be granted for an accessory structure exceeding 200 square feet.

(c)

Basis for variances. Variances shall be issued only:

(1)

Upon a showing of good and sufficient cause;

(2)

After the board of zoning appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and

(3)

After the board of zoning appeals has determined that the granting of such variance will not result in a(n):

a.

Unacceptable or prohibited increase(es) in flood heights;

b.

Additional threats to public safety;

c.

Extraordinary public expense;

d.

Creation of nuisances;

e.

Cause for fraud or victimization of the public; and/or

f.

A conflict with local laws or ordinances.

(d)

Additional factors. In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in article III, permits and applications, of this ordinance, and consider the following additional factors:

(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 district that will cause any increase in the one percent chance flood elevation;

(2)

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

(3)

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

(4)

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

(5)

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

(6)

The requirements of the facility for a waterfront location;

(7)

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

(8)

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

(9)

The relationship of the proposed use to the comprehensive plan and this division;

(10)

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

(11)

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

(12)

The historic nature of a structure.

a.

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; and

(13)

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

(e)

Notification and record.

(1)

The BZA shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the base flood elevation will:

a.

Increase the risks of life and property; and

b.

Will result in increased premium rates for flood insurance.

(2)

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 Emergency Management Agency (FEMA).