(a)

Districts established. For the purposes of this chapter, the area within the incorporated town, as it exists at the time of the enactment of this chapter, is hereby divided into classes of districts, which are established as follows:

(1)

R-1 low density residential.

(2)

R-2 medium density residential.

(3)

R-3 high density residential.

(4)

R-4 mobile homes.

(5)

B-1 downtown commercial.

(6)

B-2 transitional commercial.

(7)

B-3 highway commercial.

(8)

Floodplain overlay district.

(b)

Zoning map.

(1)

The locations and boundaries of districts established in the town shall be shown on a map titled "Zoning Map, Town of Farmville, Virginia." The same map may be amended subsequent to the adoption thereof. The zoning map, as well as all notations, dimensions, designations, references and other data shown thereon, is made a part of these regulations to the same extent as if the information set forth on such map were fully described and incorporated herein. A certified official copy of the zoning map, with all map amendments indicated thereon, shall be on file in the office of the zoning administrator.

(2)

The preparation and adoption of the zoning map and any amendments thereto, shall follow the standards set forth in the Code of Virginia, § 15.2-2285.

(c)

Determination of uncertain boundaries. Where uncertainty exists as to the boundaries of the districts established in this article and as shown on the zoning map, the following rules shall apply:

(1)

In a case where a boundary line is located within a street or alley or a navigable or non-navigable stream, it shall be deemed to be in the center of the street or alley right-of-way or stream.

(2)

In a case where a boundary line approximately follows a lot line or the town corporate line and is not more than ten (10) feet in distance therefrom, such lot line or town corporate line shall be the boundary.

(3)

In a case of unsubdivided property or where a zoning line divides a lot, the location of any such line shall be controlled by the dimension stated on the zoning map.

(d)

Conformance with chapter. No building or structure shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or structure be used, occupied, designed or arranged to be used for any purpose or in any manner not in conformance with the regulations of this chapter.

(e)

Uses not specifically listed prohibited. For the purposes of this chapter, permitted uses are listed for the various districts in table 1. Unless the contrary is clear from the context of the lists or other regulations of this chapter, uses not specifically listed are prohibited.

(f)

Site plan required. Before a zoning permit shall be issued or construction begun on any permitted use in a commercial district, or a permit issued for a new use, detailed site plan indicating compliance with the substantive provisions of this chapter and in sufficient detail to show the operations and processes shall be submitted to the zoning administrator for study as outlined in section 29-13. The administrator may refer these plans to the planning commission and/or town council for their recommendations. Modification of the plans may be required.

(Ord. No. 196, 6-10-2020)

(a)

Zoning use matrix. Permitted uses shall be permitted in accordance with table 1. Table 1 provides all use types and all zoning districts where the use type is permitted ("B") or permitted with approval of a conditional use permit ("C") in accordance with the requirements of article II. Additional standards for specific uses shall apply as provided in section 29-35.

Table 1: Zoning Use Matrix

(b)

Dimensional standards for base zoning districts. Dimensional standards within each zoning district shall apply as provided in table 2.

Table 2: Dimension Standards for Base Zoning Districts

(c)

Widening of streets and highways. Whenever there shall be plans in existence, approved by either the state department of highways and transportation or by the governing body, for the widening of any street or highway, the zoning administrator may require additional front yard setback for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

(d)

Corner Lots.

(1)

Of the two (2) sides of a corner lot in any residential district, the front shall be deemed to be the shortest of the two (2) sides fronting on streets.

(2)

On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two and one-half (2½) and ten (10) feet above the center lines of such corner lots and a line joining points along such street lines fifty (50) feet from the point of the intersection.

(e)

R-1 low density residential; purpose and intent. Low density residential district, R-1, encompasses low-density single-family residential areas, both existing and planned. This district should provide a suitable environment for families who desire quiet spacious homesites with the amenities of suburban living, without fear of encroachment of dissimilar uses.

(f)

R-2 medium density residential; purpose and intent. Medium density residential district, R-2, encompasses medium-density residential areas, both existing and planned, as well as certain compatible public and semipublic land uses. This district should provide a suitable environment for a mix of housing types located in closer proximity to shopping and employment centers.

(g)

R-3 high density residential; purpose and intent. High density Residential district, R-3, encompasses high-density residential areas, both existing and planned, as well as certain compatible public, semipublic, and very limited commercial land uses. This district should provide a suitable environment for persons desiring the amenities of apartment living and the convenience of being closest to shopping and employment centers and other community facilities.

(h)

R-4 mobile homes; purpose and intent. Mobile home residential district, R-4, is intended to accommodate mobile home parks exclusively. This district is based on the premise that the demand for mobile homes can best be supplied by the designation of one (1) to three (3) mobile home parks. The district should provide an attractive and harmonious environment for mobile home dwellings with all the amenities normally found in a substantial residential neighborhood.

(i)

B-1 downtown commercial; purpose and intent. Downtown commercial district, B-1, is intended to encompass the existing major downtown retailing center. This district should provide a framework for a mixed-use downtown core where the amenities and services of a traditional downtown can be provided.

(j)

B-2 Transitional commercial; purpose and intent. Transitional commercial district, B-2, is intended to encompass the expanding major downtown center and to provide for its orderly expansion. Business district B-2 should provide a framework for the perpetuation of a strong nucleus for the business community in which each business can enhance other businesses and where all the amenities and services of downtown can be provided. Business district B-2 is intended to accommodate shopping facilities which can supply the needs of families living in the immediate area. At the same time, business district B-2 is intended to be relatively free of the nuisance effects which businesses can render on adjacent residential areas.

(k)

B-3 highway commercial; purpose and intent. Highway commercial district, B-3, is intended to accommodate general business areas, highway-oriented commercial uses, and wholesaling operations which by nature or space requirements do not lend themselves to being concentrated within a centralized shopping area. This district recognizes the demand for a variety of commercial land uses which might not be compatible with the land uses in many areas of town.

(Ord. No. 196, 6-10-2020; Ord. No. 205, § 1, 7-14-2021; Ord. No. 231, § 1, 7-10-2024)

(a)

Applicability of height regulations. Notwithstanding the maximum height regulations set forth in this chapter, the following uses, structures, or similar appurtenances or mechanical structures attached to a building and not intended for human occupancy and containing no signs or other advertising may have a height of up to fifty (50) feet in residential districts and seventy-five (75) feet in non-residential districts:

(1)

Belfries;

(2)

Chimneys and flues;

(3)

Fire, bulkhead, and parapet walls extending no more than four (4) feet above the height limit applicable to the building;

(4)

Ornamental towers, spires, minarets, domes, and cupolas;

(5)

Roof-mounted mechanical equipment such as heating, air conditioning, cooling towers, ventilating shafts, elevator penthouses, solar collector panels, and similar equipment for the operation and maintenance of the building when not exceeding twenty-five (25) percent of the roof area;

(6)

Public monuments;

(7)

Tanks;

(8)

Water towers and standpipes; and

(9)

Windmills.

(b)

Height of parapet walls. Parapet walls may exceed the height limit applicable in a district by not more than four (4) feet.

(c)

Height of flagpoles.

(1)

The maximum height to which flagpoles may be erected in any residential zoning district is twenty (20) feet from grade.

(2)

The maximum height to which flagpoles may be erected in any non-residential zoning district is forty (40) feet from grade.

(3)

Flagpole toppers, finials, caps, or other ornaments may extend an additional one foot in height above the maximum.

(d)

Height of accessory structures. No accessory structure shall exceed the height of the main building on the lot, nor shall any accessory structure exceed fifteen (15) feet in height when located within any portion of a side or rear yard setback that would be required for a main building on the lot.

(e)

Local government exemption. Prince Edward County, Cumberland County, and the Town of Farmville are exempt from the provisions of this section.

(Ord. No. 216, § 1, 12-14-2022)

(a)

Floodplain overlay district.

(1)

Statutory authorization, purpose, and intent. Va. Code § 15.2-2283 specifies that zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public and of further accomplishing the objectives of § 15.2-2200 which encourages localities to improve the public health, safety, convenience, and welfare of their citizens. To these ends, flood ordinances shall be designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flood.

In accordance with these directed provisions, this ordinance is specifically adopted pursuant to the authority granted to localities by Va. Code § 15.2-2280.

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

a.

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.

b.

Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding.

c.

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.

d.

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

(2)

Applicability. These provisions shall apply to all lands within the jurisdiction of town and identified as being in the one-hundred-year floodplain by the Federal Emergency Management Agency (FEMA).

(3)

Compliance and liability.

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

b.

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

c.

Records of actions associated with administering this section shall be kept on file and maintained by the zoning administrator or other appointed official.

d.

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

(4)

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

(5)

Penalty for violations. Any person who fails to comply with any of the requirements or provisions of this district or directions of the zoning administrator or any authorized employee of the town shall be guilty of a misdemeanor of the first class and subject to the penalties as outlined in the administration chapter of this chapter and the fee schedule as amended by town council.

(b)

Designation of the floodplain administrator.

(1)

The floodplain administrator is hereby appointed to administer and implement these regulations and is referred to herein as the floodplain administrator. The floodplain administrator may:

a.

Do the work themselves. In the absence of a designated floodplain administrator, the duties are conducted by the Farmville chief executive officer.

b.

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

c.

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 C.F.R. Section 9.22.

(2)

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

a.

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

b.

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

c.

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.

d.

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.

e.

Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEQ, USACE), and have submitted copies of such notifications to FEMA.

f.

Advise applicants for new construction or substantial improvement of structures that are located within an area of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act that Federal flood insurance is not available on such structures; areas subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier Resource System Areas (CBRS) or Otherwise Protected Areas (OPA).

g.

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.

h.

Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed.

i.

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

j.

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 Farmville, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations.

k.

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

1.

Flood insurance studies, flood insurance rate maps (including historic studies and maps and current effective studies and maps), and letters of map change; and

2.

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.

l.

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

m.

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.

n.

Administer the requirements related to proposed work on existing buildings:

1.

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.

2.

Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct. 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.

o.

Undertake, as determined appropriate by the floodplain 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 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.

p.

Notify the Federal Emergency Management Agency when the corporate boundaries of Farmville have been modified and:

1.

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

2.

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 Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

q.

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.

r.

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

(c)

Description of districts.

(1)

Basis of districts. The various floodplain districts shall include areas subject to inundation by waters of the one-hundred-year-flood. The basis for the delineation of these districts shall be the flood insurance study (FIS) and the flood insurance rate maps (FIRM) for the town prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated April 19, 2023, and any subsequent revisions or amendments thereto.

The boundaries of the Special Flood Hazard Area (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 Farmville offices.

a.

The floodway district is in an AE zone and is delineated, for purposes of this article, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this district are specifically defined in the above-referenced flood insurance study and shown on the accompanying flood boundary and floodway map or flood insurance rate map.

The following provisions shall apply within the floodway district of an AE zone:

1.

Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic 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. 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.

2.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies - with Farmville's endorsement—for a Conditional Letter of Map Revision (CLOMR), and receives the approval of the Federal Emergency Management Agency.

3.

If section 29-23.a.c.1.a.1 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section 29-23.a.i.1.

4.

The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile 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.

b.

The special floodplain district shall be those areas identified as an AE zone on the maps accompanying the flood insurance study for which one hundred-year flood elevations have been provided.

c.

The approximated floodplain district shall be those areas identified as an A zone on the maps accompanying the flood insurance study. In these zones, no detailed flood profiles or elevations are provided, but the one hundred-year floodplain has been approximated. For these areas, the one-hundred-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one-hundred-year flood elevation cannot be determined for this area, using other sources of data, such as the United States Army Corps of Engineers Floodplain Information Reports, United States Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development, and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, and computations shall be submitted in sufficient detail to allow a thorough review by the town.

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 two (2) feet.

During the permitting process, the floodplain administrator shall obtain:

1.

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

2.

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

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 proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser.

d.

The shallow flooding district shall be those areas identified as zone AO or AH on the maps accompanying the flood insurance study.

(d)

Overlay concept.

(1)

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

(2)

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

(3)

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

(e)

District boundaries.

(1)

The boundaries of the special flood hazard area and floodplain districts are established as shown on the flood boundary and floodway map and/or flood insurance rate map, which is declared to be a part of this article and shall be kept on file at the town offices.

(f)

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

(g)

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

(h)

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

(i)

General provisions.

(1)

Permit requirement. All uses, activities, and development occurring within any floodplain 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 section and with all other applicable codes and ordinances, as amended, including, but not limited to, the Virginia Uniform Statewide Building Code (VA USBC) and the town subdivision regulations. Prior to the issuance of any such permit, the floodplain administrator in consultation with the zoning 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 floodways of any watercourse, drainage ditch, or any other drainage facility or system.

The following provisions 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 anchoring requirements for resisting wind forces.

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

In addition to provisions a.—h. above, in all special flood hazard areas, the additional provisions shall apply:

i.

Prior to any proposed alteration or relocation of any channel or of any watercourse 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 one (1) 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 other required agencies, and the Federal Emergency Management Agency.

j.

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

k.

In a regulatory floodway any encroachment which would cause any increase

(j)

Specific standards.

(1)

In the one hundred-year-floodplain areas where base flood elevations have been provided in the flood insurance study or generated according to the floodplain ordinance, the following provisions shall apply:

a.

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated to or above the base flood level plus two (2) feet.

b.

Nonresidential construction. 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 two (2) feet. Buildings located in all A, 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 base flood elevation plus two (2) 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.

c.

Elevated buildings. Enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

1.

Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage 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, in zones A, AO, and AE, 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:

A.

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

B.

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

C.

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

D.

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

E.

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

F.

Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

d.

Accessory structures.

1.

Accessory structures in the SFHA will comply with the elevation requirements and other requirements of section 29-23.a.i.b or, if not elevated or dry floodproofed, shall:

A.

Not be used for human habitation;

B.

Be limited to no more than six hundred (600) 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 floodwaters;

F.

Be anchored to prevent flotation;

G.

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

H.

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

i.

There shall be a minimum of two (2) flood openings on different sides of each enclosed area; if a building has more than one (1) enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls.

ii.

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

iii.

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

iv.

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

(k)

Standards for manufactured homes and recreational vehicles.

(1)

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

(2)

All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision in which a manufactured home has not incurred substantial damage as the result of a flood shall elevated so that either:

a.

The lowest floor of the manufactured home is elevated no lower than two (2) foot above the base flood elevation; or

b.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade;

c.

And be securely anchored to the adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(3)

All recreational vehicles placed on sites must either:

a.

Be on the site for fewer than one hundred eighty (180) consecutive days;

b.

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

c.

Meet all the requirements for manufactured homes in accordance with this section.

(l)

Standards for the special floodplain district. The following provisions shall apply within the special floodplain district:

(1)

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 zone AE on the flood rate insurance map, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point within the town.

(2)

Development activities in zones A, AE, and AH, on the town flood insurance rate map which increase the water surface elevation of the base flood by more than one (1) foot may be allowed, provided that the applicant first applies, with the town's endorsement, for a conditional flood insurance rate map revision, and receives the approval of the Federal Emergency Management Agency.

(m)

Standards for approximated floodplain. The following provisions shall apply with the approximate floodplain district:

(1)

The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one hundred-year floodplain boundary has been approximated. Such areas are shown as zone A on the maps accompanying the flood insurance study. For these areas, the one hundred-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one hundred-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U. S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator and manager.

(2)

When such base flood elevation data is utilized, the lowest floor shall be two (2) feet above the base flood elevation.

(n)

During the permitting process, the applicant shall provide:

(1)

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

(2)

If the structure has been floodproofed in accordance with the requirements of this article, the elevation to which the structure has been floodproofed.

(o)

Standards for subdivision proposals.

(1)

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

(2)

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

(3)

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

(4)

Base flood elevations for subdivision proposals or other developments greater than fifty (50) lots or five (5) acres shall be required with any preliminary plat pursuant to section 29-63(b).

(p)

Variance factors. In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in section 29-13 of this chapter and consider the following additional factors:

(1)

The showing of good and sufficient cause.

(2)

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 hundred-year flood elevation.

(3)

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

(4)

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

(5)

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

(6)

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

(7)

The requirements of the facility for a waterfront location.

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(14)

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

(15)

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

(q)

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

(1)

Increases the risks to life and property; and

(2)

Will result in increased premium rates for flood insurance.

(r)

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 that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(s)

Existing structures in floodplain. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:

(1)

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

(2)

Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain areas to an extent or amount of less than fifty (50) percent of its market value shall conform to the Virginia Uniform Statewide Building Code.

(3)

The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with this article and shall require the entire structure to conform to the Virginia Uniform Statewide Building Code.

(t)

Glossary. See chapter 29, article VII.

(Ord. No. 196, 6-10-2020; Ord. No. 220, 3-8-2023)

(a)

Intent of district. The intent of the Robert Russa Moton Museum Gateway Overlay District is to preserve and protect an area of important historic, architectural, archaeological, or cultural interest within the town. In addition, the purpose of the district is to carry out comprehensive plan policies for protecting the historic character of the town, specifically, the areas adjacent to and nearby the Robert Russa Moton Museum, which is an historical and international center of civil rights.

The district fosters the goal of protecting individual historic landmarks, not only for their own value as community resources, but also because of their contribution to the town's unique character; to encourage the protective maintenance of nearby structures; to protect, enhance and perpetuate such buildings, structures, and landscape features which represent elements of the town's cultural, social, economic, political and architectural history; to stabilize and improve property values; to foster civic pride in the town's past; to protect and enhance the town's attractions to tourists and visitors; to promote quality infill development; to support and stimulate business and strengthen the economy of the town; and to promote the use of districts and historic resources for the education, pleasure, and welfare of the citizens of the town.

(b)

Application of the district.

(1)

Designation of the Moton Museum Overlay District, and any subsequent amendments thereto, shall be in accordance with section 29-14(a) of the Town Code.

(2)

Regulations of the underlying zoning district shall apply.

(3)

In the event of conflicting regulations, the more stringent regulation shall apply.

(c)

The planning commission/town council may adopt design guidelines to assist the town manager in reviewing applications and to assist applicants in undertaking work properly.

(d)

Procedures for reviewing work in the overlay district shall be as follows:

(1)

Applications for work in the overlay district requiring a certificate of appropriateness shall be made to the zoning administrator on forms provided. A processing fee may be charged for an application.

(2)

Applications for a certificate of appropriateness shall not require a public hearing. However, the town manager shall give, or require the applicant to give, all adjoining property owners written notice of the request for a certificate of appropriateness, and an opportunity to respond to the request within twenty-one (21) days of the date of the notice.

(3)

The town manager, after consulting with the zoning administrator, shall consider an application and make a decision within thirty (30) days of submission.

(4)

Following the town manager's decision, the applicant shall be provided with a written statement of their findings and any applicable conditions for undertaking the proposed work.

(5)

If the town manager disapproves an application, the applicant shall be notified in writing of the findings, reasoning, and any recommendations made by them. An amended application may be filed within ninety (90) calendar days of the town manager's decision.

(6)

A certificate of appropriateness shall be valid for one (1) year from the date of action by the town manager. If work has not commenced within one (1) year, then the certificate of appropriateness shall be null and void, and a new certificate shall be required.

(7)

The town manager may refer any development proposal to the planning commission for review and approval in accordance with the provisions of this section.

(e)

Certificate of appropriateness required for work.

(1)

A certificate of appropriateness shall be required from the town manager for all work undertaken in the overlay district, except for ordinary maintenance.

(2)

A certificate of appropriateness shall be required prior to issuing a building or zoning permit.

(3)

Ordinary maintenance shall not require a certificate of appropriateness.

a.

The term "ordinary maintenance, "for the purposes of this section, means exterior work that is undertaken on a frequent and routine basis to maintain the functional and structural integrity of an existing building, structure, or architectural or appurtenant features.

b.

Furthermore, the term "ordinary maintenance" means repair work that maintains, and does not change, the architectural material, design, style, size and scale, arrangement, detailing or texture of the feature.

(4)

No building or structure, including signs, shall be erected, reconstructed, altered, rehabilitated, or restored within any such district unless the town manager finds that the work is in conformance with the design requirements adopted for the district and is architecturally compatible with the historic building, structure, and/or the existing scale and character of the district and issues a certificate of appropriateness. This includes work on walls, fences, signs, exterior light fixtures, and aboveground utility structures, among others.

(5)

No historic landmark, building or structure within the district shall be razed, demolished, or moved until approved and a certificate of appropriateness is issued.

(f)

Standards for review.

(1)

In reviewing an application for a certificate of appropriateness, the town manager shall consider the following:

a.

The appropriateness of the proposed alteration or construction on the character defining features of the building, structure, landscape, or district. This includes consideration of the overlay district design requirements, site context; building scale, mass, and orientation; relationship to other buildings or elements; and the suitability of a material, design, style, arrangement, scale, detailing, and texture.

b.

The consistency of the work with supplemental design guidelines that have been adopted by the planning commission.

c.

The applicability of adopted Secretary of the Interior standards for the treatment of historic properties with state and national designations, including guidelines for preservation, rehabilitation, restoration, reconstruction, and historic landscapes.

(2)

In reviewing a certificate of appropriateness application for a proposed alteration, expansion, construction, demolition or moving ("activity") of a building or structure, the town manager shall consider the following:

a.

The historic significance of the individual building;

b.

The contribution of the individual building to the overlay district;

c.

The effect of the activity regarding the building on the overlay district;

d.

The structural condition of the building;

e.

The proposed new use and development of the property as it pertains to intent of the district and in accordance with adopted design guidelines.

(g)

Appeals.

(1)

Any applicant for a certificate of appropriateness or property owner with standing aggrieved by a decision of the town manager regarding a certificate of appropriateness may appeal the decision to the town council. After consultation with the town manager, the council may uphold the decision of the town manager, modify, or overturn the decision and issue a certificate of appropriateness.

(2)

Any person aggrieved by the decision of the planning commission may appeal the decision to the town council within thirty (30) calendar days.

(3)

A decision of the town council may be appealed to the circuit court if filed within thirty (30) days via a certified petition. The court may affirm the decision, or it may reverse or modify the decision if it finds that the decision is contrary to law or is arbitrary and capricious.

(h)

District design regulations. An application for new development shall be submitted to the zoning administrator and established fee paid prior to seeking a zoning permit and shall include the following information:

(1)

Site development plan drawn to scale showing setbacks, dimensions, and height of proposed addition or new building, and any parking areas;

(2)

Detailed elevation views of proposed addition or new building or structure drawn to scale showing architectural features including location, detailing, and exterior materials for porches, windows, doors, and roof (including pitch);

(3)

Preliminary landscape plan showing location of areas to be landscaped and existing trees to be removed or retained;

(4)

Utility plan showing locations of water, sewer, electricity, gas, etc., to serve the new building or structure.

(i)

Residential building and site design. To encourage compatible construction of new buildings or structures and additions in the Moton Museum Gateway Overlay District, the following design requirements shall apply to non-multi-family residential buildings:

(1)

New building location, mass and scale.

a.

Design new buildings to fit in with the surrounding building and development patterns;

b.

Position and orient buildings so that they face the primary street and are set back consistent with other buildings on the street;

c.

Size buildings that that they are similar in height, form, and scale to existing houses on the street;

d.

The maximum overall height of new construction shall be limited to thirty-five (35) feet in height.

e.

Use exterior materials, architectural features, and colors that are complementary to those found in the neighborhood, particularly those of the Robert Russa Moton Museum.

(2)

Addition location, mass, and scale.

a.

Make the addition subordinate to the main structure;

b.

Use similar, compatible architectural details and materials;

c.

Maintain the scale of the addition so that it does not overwhelm or compete with the main building (a good rule of thumb is to limit the addition to approximately one-third (⅓) the size of the original structure);

d.

Set the addition back from the face of the existing building to distinguish it from the main building wall;

e.

Place an addition to the side or rear.

(3)

Roofs.

a.

Use roof forms that reflect the existing roof patterns and pitch in the neighborhood;

b.

Use similar exterior materials or ones that are compatible with existing roofing materials in the neighborhood;

c.

Position any roof feature toward the rear of the building so that it is not visible from the street (e.g., skylight, chimney, solar panel, vents). Exceptions may be made for the orientation of solar panels in order to maximize their efficiency.

(4)

Porches and entrances.

a.

Include a primary, visible entrance that is centrally located on the front of the building;

b.

Include a front porch on the new building that is similar in design and scale to other front porches on the street;

c.

Provide proper porch roof pitch to ensure proper drainage and ensure that roofing material is appropriate for the pitch;

d.

Install porch elements properly, especially railings and lattice under-pinning;

e.

Porch elements shall have a finished appearance. Unpainted or unstained lumber shall be prohibited;

f.

Do not enclose a front porch for added interior living space.

(5)

Windows and doors.

a.

Include appropriately detailed and sized windows and doors similar to those found on other buildings on the street;

b.

Include windows on all exterior walls;

c.

Locate windows symmetrically on a building wall;

d.

Position doors so that they are clearly visible from the street and centered within a focused entrance;

e.

Ensure that windows and doors have sufficient trim to provide visible dimension and framing of the opening.

(6)

Parking.

a.

Minimize driveway and parking pavement, especially in the front yard,"

b.

Locate parking to the side or rear of the main building, if possible.

(7)

Accessory structures.

a.

Locate a garage, deck, or patio to the rear of the house where they are not visible from the street;

b.

Use covered risers on all stairs;

c.

Fence elements shall have a finished appearance. Unpainted or unstained lumber shall be prohibited.

(j)

Commercial building and site design. To encourage compatible construction of new sites and buildings or structures and additions in the Moton Museum Gateway Overlay District, the following design requirements shall apply to all other buildings, including multi-family buildings:

(1)

Exterior veneer. Buildings shall be clad primarily in red brick veneer similar in size, color, and bond that match the museum building.

(2)

Contemporary or modern materials. Use of materials with modern appearances including but not limited to concrete masonry units, cinder block, stucco, exterior insulation, and finish systems, corrugated or sheet metal, reflective glass, vinyl, and PVC shall be prohibited as primary building and façade materials. Use of such materials shall be limited to no more than ten (10) percent of the façade or for architectural accents and features.

(3)

Height. Overall height shall be limited to forty (40) feet in height.

(4)

Orientation. Building facades and entrances shall be oriented toward the primary means of vehicular access.

(5)

Building bulk and mass. The treatment of buildings shall include vertical architectural treatment at least every twenty-five (25) feet to break down the scale of the building into smaller components.

(6)

Visible architectural details. Architectural details shall continue on all facades visible from the public right-of-way.

(7)

Scale and proportion. New commercial construction shall feature balanced ratios of height to width and the ratio of mass (building) to void (openings). The scale and mass of a proposed project shall relate to the Moton Museum, nearby buildings, and the streetscape. New construction shall incorporate high-quality architectural design and provides gradual transitions to surrounding land uses using design features, such as setbacks, height step downs, and landscaping.

(8)

Landscape islands. Parking lot landscape islands at least nine (9) feet in width are required at the ends of all rows of parking. Easements shall avoid islands to the greatest extent possible.

(9)

Signs. Signs shall comply with the regulations for the site 's underlying zoning district.

(10)

Outside storage of goods. Outside storage of goods shall be completely screened from the view of the corridor roadway, as approved on the site plan. Outside display of goods are allowed as long as the goods are brought inside at the close of business each day.

(11)

Utilities. Utility lines, including electric, cable and telephone, to serve the development project shall be installed underground. All utility pad fixtures, meter boxes, access boxes, junctions, pedestals, and similar appurtenances shall be shown on the site Plan and shall be screened and integrated with the architectural elements of the site.

(12)

Fences. Fences exceeding four (4) feet in height shall be located in the side and rear yards only. Chain-link fences, including those with slats, are prohibited.

(13)

Mechanical equipment. Mechanical equipment shall be screened from the public view and designed to be perceived as an integral part of the building.

(14)

Dumpster screening. Dumpsters shall be screened from public view with enclosures similar in appearance to the primary building. Gates shall be opaque and not sag.

(Ord. No. 213, § 1, 11-9-2022)