(A)

Buildings or structures shall be started, reconstructed, or enlarged only after a zoning permit has been obtained from the administrator or his designated agent.

(B)

Each application for a zoning permit shall be accompanied by a site plan which complies with the provisions of Article 23: Site Development Plans of this chapter. In the case of any building, structure or use which is exempt from the provisions of Article 23, a sketch plan shall be submitted. Each such sketch plan shall show the property in such detail as the administrator may deem necessary to ensure compliance with this chapter. Except as may otherwise be required in a particular case, such sketch shall show the size and shape of the parcel of land on which the proposed building, structure or use is to be established, the nature of the proposed use of the building or land, and the size, shape and location of such building, structure or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land, including all setbacks and required yards as prescribed by this chapter and by all applicable deed restrictions known to the applicant. The sketch plan shall also include any other information which the administrator may deem necessary for construction of the application. If the proposed building, structure or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the administrator.

(C)

Activity for which a zoning permit was issued must commence within twenty-four (24) months or such permit shall expire and be of no further effect.

(Ord. 12-16-15)

Editor's note— Section 22-17-2 is inserted by the Editor as a reserved section to correct the omission of this section number in the Code.

Land or buildings may be used or occupied only after a certificate of occupancy has been issued by the Administrator or his designated agent. Such a permit shall state that the building, or the proposed activity, or the use of the land, complies with the provisions of this chapter. A similar certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use. The permit shall be issued within ten (10) days after the erection or structural alteration of such building or part has conformed with the provisions of this chapter.

(A)

When permitted by this chapter, special use permits may be authorized by the governing body upon the governing body's finding that the proposed use will not be detrimental to the character and development of the adjacent area.

(B)

The governing body may place conditions on the issuance of a special use permit.

(C)

All applications for a special use permit shall require notice and public hearing pursuant to section 15.2-2204 of the Code of Virginia. In addition to the notice required by section 15.2-2204, the applicant shall cause a sign to be erected on the property which is the subject of any proposed amendment. Such sign shall be of a type approved by the Zoning Administrator and shall be posted on the subject property at the nearest public road or at its point of access to the nearest public road. A rezoning application and, when required, a special use permit, may be applied for simultaneously and the required public hearing and the required notice and the rezoning request and special use permit request may be held jointly.

(Ord. 2-18-15)

(D)

In the governing body's consideration of a special use permit application, the governing body shall consider the following guidelines:

(1)

The proposed use shall not tend to change the character and established pattern of the area or community in which it proposes to locate.

(2)

The proposed use shall be compatible with the uses permitted by right in that zoning district and shall not adversely affect the use and/or value of neighboring property.

(3)

The applicant shall also submit with the application a current survey of the subject property and a sketch plan of all proposed improvements.

(E)

Applications for a special use permit shall be accompanied by a filing fee as determined by a fee schedule adopted by the governing body.

(F)

Any special use permit issued pursuant to this article may, after notice and hearing as provided in subsection (C) hereof, be revoked by the governing body upon a finding that (1) the use for which such permit was granted has been abandoned; or (2) that the holder of such permit has substantially breached the conditions of such permit. For purposes of this section, a special use permit may be deemed abandoned by the governing body if the approved use has not been initiated within two (2) years from the date of approval.

(G)

In the event that any parcel which is subject to a special use permit issued pursuant to this article shall be rezoned to any other district, the effect of such rezoning on such permit shall be as follows:

(1)

If such use shall be a use by right in such other district, such permit shall be deemed to be repealed and the use shall be deemed a use by right;

(2)

If such use shall be a use by special use permit only, such permit shall remain in full force and effect, subject to the provisions of this chapter;

(3)

If such use shall not be a permitted use, such permit shall be deemed to have been repealed, and the use permitted thereby shall be deemed to be a non-conforming use in accordance with Article 16 of this chapter.

If in any district established under this chapter, a use is not specifically permitted and an application is made by a property owner to the Administrator for such use, the Administrator shall refer the application to the Planning Commission. Thereafter, the said application shall be treated as a resolution of the Planning Commission in accordance with Section 22-20-1(C) of this chapter.

Whenever there shall be plans in existence for a project in the Secondary or Primary Six Year Plan that has been approved by the Virginia Department of Transportation and the governing body for the widening of any street or highway, the Administrator may require additional front yard setbacks 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.

(Ord. 12-16-15)

The following schedule of fees shall be applicable for zoning submittals and shall supersede any schedule of fees heretofore adopted:

•  Mailing Costs - $20.00 per Adjacent Property Owner (APO) after 1st 15 APO's, Certified Mail

••  Available on-line for free

(Ord. 2-21-18; Ord. 4-18-18; Ord. 5-16-18; Ord. of 09-18-2024 (1), § 1)

This section is adopted pursuant to the authority granted to localities by Code of Va., §§ 15.2-2280 and 15.2-984.

(Ord. 6-17-15; Ord. of 05-19-2021 (1))

*Editor's note—Section 22-17-8. and all subsections (22-17-8.1 through 22-22-17-8.9, inclusive) were repealed and Section 22-17-8A, including subsections thereof, was adopted by 12-19-07 Ordinance.

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 flood-proofed against flooding and flood damage; and,

(D)

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

(Ord. 12-19-07; Ord. 6-17-15)

These provisions shall apply to all privately and publicly held lands within the jurisdiction of Fluvanna County and identified as areas of special flood hazard according to the flood insurance rate map (FIRM) that is provided to Fluvanna by the Federal Emergency Management Agency (FEMA).

(Ord. 12-19-07; Ord. 5-7-08; Ord. 6-17-15)

For purposes of this Section 22-17-8A., the following terms shall be defined as follows:

(A)

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

(B)

Base flood elevation. The FEMA designated one hundred (100) year water surface elevation. The water surface elevation of the Base flood in relation to the datum specified on the Fluvanna County FIRM. For purposes of this ordinance, the base flood is the one percent (1%) annual chance of flood.

(Ord. 6-17-15)

(C)

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

(D)

Board of Zoning Appeals. The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this ordinance.

(E)

Repealed.

(Ord. 5-7-08)

(F)

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

(G)

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

(H)

Existing construction. For the purposes of the insurance program, structures for which the "start of construction" commenced before August 15, 1978. "Existing construction" may also be referred to as "existing structures" or "pre-FIRM."

(Ord. 6-17-15)

(I)

Flood or flooding.

(1)

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

(a)

The overflow of inland or tidal waters; or,

(b)

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

(c)

Mudflows which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(Ord. 6-17-15)

(2)

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

(Ord. 6-17-15)

(J)

Flood Insurance Rate Map (FIRM). An official map of a community, on which FEMA has delineated both the special hazard areas 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).

(Ord. 6-17-15)

(K)

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

(Ord. 6-17-15)

(L)

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

(M)

Flood-proofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

(Ord. 6-17-15)

(N)

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

(Ord. 6-17-15)

(O)

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

(P)

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

(Ord. 6-17-15)

(Q)

Historic structure. Any structure that is

(1)

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

(2)

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

(3)

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

(4)

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

(a)

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

(b)

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

(R)

Repealed.

(Ord. 5-7-08)

(S)

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

(Ord. 6-17-15)

(T)

Letters of Map Change (LOMC). A Letter of Map change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS). LOMC include:

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.

Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, flood-plain 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. In order to qualify for this determination, the fill must have been permitted and placed in accordance with Fluvanna County's floodplain management regulations.

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.

(Ord. 6-17-15)

(U)

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

(Ord. 6-17-15)

(V)

Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44CFR §60.3.

(W)

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

(X)

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

(Ord. 6-17-15)

(Y)

Mean Sea Level. An elevation point that represents the average height of the ocean's surface (such as the halfway point between the mean high tide and the mean low tide) which is used as a standard in reckoning land elevation.

(Ord. 6-17-15)

(Z)

New construction. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after August 15, 1978, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Such structure is also referred to as "post-FIRM."

(Ord. 6-17-15)

(AA)

Post-FIRM structures. A structure for which construction or substantial improvement occurred on or after August 15, 1978.

(Ord. 6-17-15)

(BB)

Pre-FIRM structures. A structure for which construction or substantial improvement occurred before August 15, 1978.

(Ord. 6-17-15)

(CC)

Recreational vehicle. A vehicle which is:

(1)

Built on a single chassis;

(2)

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

(3)

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

(4)

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

(DD)

Repetitive Loss Structure. A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions in a ten (10) year period, in which the cost of the repair, on the average, equaled or exceeded twenty-five percent (25%) 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.

(Ord. 6-17-15)

(EE)

Severe Repetitive Loss Structure. A structure that:

(a)

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

(b)

Has incurred flood related damage:

a)

For which four (4) 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 (2) separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure.

(Ord. 6-17-15)

(FF)

Special flood hazard area. The land in the floodplain subject to a one percent (1%) or greater chance of being flooded in any given year as determined in Article 17, Section 22-17-8A. of this ordinance.

(Ord. 6-17-15)

(GG)

Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(HH)

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

(Ord. 6-17-15)

(II)

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

(JJ)

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

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

(Ord. 6-17-15)

(KK)

Violation. the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 22-17-8A. of this ordinance is presumed to be in violation until such time as that documentation is provided.

(Ord. 6-17-15)

(LL)

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

(Ord. 12-19-07; Ord. 5-7-08; Ord. 6-17-15)

(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 ordinance 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 ordinance 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 ordinance 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 ordinance shall be kept on file and maintained by the Zoning Administrator in his duties as Floodplain Administrator.

(Ord. 6-17-15)

(D)

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

(Ord. 12-19-07; Ord. 6-17-15)

Any person who fails to comply with any of the requirements or provisions of this article or directions of the Director of Planning or any authorized employee of Fluvanna County shall be guilty of the appropriate violation and subject to the penalties therefore.

The VA USBC addresses building code violations and the associated penalties in Sections 104, 115. Violations and associated penalties of the Fluvanna County Zoning Ordinance are addressed in Article 19, Section 22-19.

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article 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. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

(Ord. 6-17-15)

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

(Ord. 12-19-07)

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

(Ord. 12-19-07)

(Ord. 6-17-15)

(A)

Basis of Districts. The various special flood hazard districts shall include special flood hazard areas (SFHAs). The basis for the delineation of these districts shall be the Flood Insurance Study (FIS) and the Flood Insurance Rate Maps (FIRM) for Fluvanna County, Virginia and Incorporated Areas prepared by the Federal Emergency Management Agency, dated as of May 16, 2008, as amended or revised.

(Ord. 5-7-08)

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

(1)

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

The following provisions shall apply within the Floodway District of an AE Zone:

(a)

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 analyses 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.

(b)

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

If Section 22-17-8A.7.1(A)(1)(a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 22-17-8A.12., 22-17-8A.13., 22-17-8A.14., and 22-17-8A.19..

(c)

The following uses are prohibited in the Floodway District:

1.

Dwellings, and

2.

Manufactured homes, mobile homes or trailers.

(d)

The following uses may be permitted within the Floodway District in accordance with the requirements of this section and as specifically provided in the underlying zoning district:

1.

General farming, agriculture, dairying and forestry.

2.

Parks and playground.

3.

Preserves and conservation areas.

4.

Small boat docks (with repair).

5.

Off-street parking as required by this ordinance.

6.

Accessory uses, as defined by this ordinance.

(e)

The following uses shall be permitted only by special use permit approved by the governing body pursuant to Article 17 of this chapter:

1.

Lodges, hunting clubs, boating clubs, camping facilities, and golf clubs.

2.

Public utilities: Poles, lines, transformers, pipes, meters and related or similar facilities; public water and sewer transmission lines, treatment facilities, and pumping facilities; electrical power transmission lines and substation; oil and gas transmission lines and substation; oil and gas transmission pipelines and pumping stations; microwave transmission and relay towers and substations; unmanned telephone exchange centers.

3.

Extraction of sand, gravel and other material (except no increase in level of flooding or velocity is caused thereby).

(Ord. 12-19-07; Ord. 5-7-08)

(2)

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

Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones A1-30 and AE or AH on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within Fluvanna County.

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

* The requirement in 63.3(c)(10) only applies along rivers, streams, and other watercourses where FEMA has provided base flood elevations. The requirement does not apply along lakes, bays and estuaries, and the ocean coast.

(3)

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

The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one hundred (100)-year floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U. S. Army Corps of Engineers Floodplain Information Reports, U. S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted non-detailed technical concepts, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.

The Floodplain Administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to no lower than three feet above the highest adjacent grade or one foot above the base flood level, whichever is higher.

(Ord. 5-7-08)

During the permitting process, the Floodplain Administrator shall obtain:

a)

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

b)

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

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

(4)

The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding identified as AO on the FIRM. For these areas, the following provisions shall apply [44 CFR 60.3(c)]:

a)

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade.

b)

All new construction and substantial improvements of non-residential structures shall

i.

have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or,

ii.

together with attendant utility and sanitary facilities be completely flood-proofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c)

Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

(Ord. 12-19-07; Ord. 5-7-08; Ord. 6-17-15)

(A)

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

(B)

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.

(C)

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

(Ord. 12-19-07)

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 ordinance and which shall be kept on file at the Fluvanna County offices.

(Ord. 12-19-07)

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

(Ord. 12-19-07; Ord. 6-17-15)

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.

(Ord. 12-19-07; Ord. 5-7-08)

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 Code, including, without limitation, this chapter and Chapter 19: Subdivisions, and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC). Prior to the issuance of any such permit, the Floodplain Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. No use, activity, and/or development will be permitted which would adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

(A)

Site Plans and Permit Applications.

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

(1)

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

(2)

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

(3)

The elevation of the one hundred (100)-year flood (base flood) at the site.

(Ord. 12-19-07)

(4)

Topographic information showing existing and proposed ground elevations.

(Ord. 12-19-07; Ord. 6-17-15)

The following provisions shall apply to all permits issued under Section 22-17-8A.12.:

(A)

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

(Ord. 5-7-08)

(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 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 channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and FEMA.

(J)

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

(Ord. 12-19-07; Ord. 5-7-08; Ord. 6-17-15)

In all identified flood hazard areas where base flood elevations have been provided in the Flood Insurance Study (FIS) or generated in accordance with Section 22-17-8A.7.1(A)(3) the following provisions shall apply:

(A)

Residential Construction.

New construction or substantial improvement of any residential structure (including manufactured homes) in Zones A1-30, AE, AH, and A with detailed base flood elevations shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation.

(B)

Non-Residential Construction.

New construction or substantial improvement of any commercial, industrial, or non-residential building (or manufactured home) shall have the lowest floor, including basement, elevated to no lower than one foot above the base flood elevation.

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

(C)

Space Below the Lowest Floor.

In zones A, AE, AH, AO, and A1-30, 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 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; 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:

(Ord. 5-7-08)

a)

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

b)

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

c)

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

d)

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

e)

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

f)

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

(D)

Standards for Manufactured Homes and Recreational Vehicles.

(1)

All manufactured homes placed, or substantially improved, must meet all the requirements for new construction, including the elevation and anchoring requirements in 22-17-8A.13. and 22-17-8A.14.

(2)

All recreational vehicles placed on sites must either:

a)

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

b)

Meet all the requirements for manufactured homes in Section 22-17-8A.14(D)(1).

(Ord. 12-19-07; Ord. 5-7-08; Ord. 6-17-15)

(Ord. 12-19-07; Ord. 5-7-08; Ord. 6-17-15)

(Ord. 12-19-07; Ord. 5-7-08)

(Ord. 12-19-07; Ord. 5-7-08; Ord. 6-17-15)

(Ord. 12-19-07; Ord. 5-7-08)

(A)

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

(B)

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

(C)

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

(D)

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in 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.

(Ord. 12-19-07; Ord. 6-17-15)

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:

(A)

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.

(B)

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 percent (50%) of its market value shall conform to the VA USBC and the appropriate provisions of this ordinance.

(C)

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 percent (50%) or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the VA USBC.

(Ord. 6-17-15)

Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the Board of Zoning Appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) after the Board of Zoning Appeals has determined that the granting of such variance will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.

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

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

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

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(F)

The requirements of the facility for a waterfront location.

(G)

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

(H)

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

(I)

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

(J)

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

(K)

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

(L)

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

(M)

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

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 granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.

Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief.

The Board of Zoning Appeals shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the one percent (1%) chance flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance.

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.

(Ord. 6-17-15)

(Ord. 6-17-15)

The Zoning 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 Fluvanna County's Administrator.

(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 Fluvanna 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 59.22.

(Ord. 6-17-15)

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 FIRMs 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 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 Fluvanna County, 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 flood-proofed, 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, and 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 Fluvanna County 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 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 Fluvanna County, whether or not those hazards have been specifically delineated geographically (e.g., via mapping or surveying).

(Ord. 6-17-15)

The Floodplain Administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:

(A)

Where field surveyed topography indicates that adjacent ground elevations:

(1)

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

(2)

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

(B)

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

(C)

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.

(D)

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.

(E)

If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has been provided by FEMA:

(1)

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

(2)

Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Section 22-17-8A-7.1(A)(3) and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

(3)

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

(Ord. 6-17-15)

The county floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, 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 the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

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

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

(Ord. 6-17-15)

Fluvanna County's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, the County shall notify FEMA 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 flood plain management requirements will be based upon current data.

(Ord. 6-17-15)

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

Example cases:

•

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

•

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

•

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

The public purpose for such amendment is to conform the zoning ordinance to federal flood insurance regulations.

(Ord. 6-17-15)

(A)

As part of a rezoning or amendment to the zoning map, the owner of any property subject to any application for such rezoning or amendment to the zoning map, may voluntarily proffer, in writing submitted to the Zoning Administrator prior to a public hearing before the governing body, reasonable conditions for such rezoning or amendment to the zoning map, in addition to the regulations provided for the zoning district by this chapter, provided that such proffered conditions comply in full with all provisions of sections 15.2-2297 and 15.2-2298 of the Code of Virginia.

(B)

Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by such conditions; however, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. No amendment or variation of conditions created pursuant to this section shall take effect until after a public hearing before the governing body advertised in accordance with section 15.2-2204 of the Code of Virginia. Except as the governing body may expressly provide in a particular case, each such condition shall be deemed to be integral to, and nonseverable from, the rezoning or amendment to the zoning map to which it applies.

(C)

No proffer for the dedication of real property or payment of cash shall be accepted unless the County has adopted a capital improvement program pursuant to section 15.2-2239 of the Code of Virginia. No such dedication or cash payment shall be made until the facilities for which such property is dedicated or cash is tendered are included in the capital improvement program, provided that nothing herein shall prevent the County from accepting proffered conditions which are not normally included in such capital improvement program. If such proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of such property or cash payment in the event the property or cash payment is not used for the purpose for which proffered.

(D)

In the event proffered conditions include a requirement for the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment to the zoning map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the ordinance with respect to the zoning district applicable thereto initiated by the governing body, which eliminate, or materially restrict, reduce or modify the uses, the floor area ratio, or the density of use permitted in the zoning district applicable to such property shall be effective with respect to such property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.

(E)

Nothing is this section shall be construed to affect or impair the authority of the governing body to:

(1)

Accept proffered conditions which include provisions for timing or phasing of dedications, payments or improvements; or

(2)

Accept or impose valid conditions pursuant to subsection (A)(3) of section 15.2-2286 of the Code of Virginia or other provision of law.

(F)

The zoning map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map. The Zoning Administrator shall keep in his office and make available for public inspection a Conditional Zoning Index. The Index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district or zone. The Zoning Administrator is vested with all necessary authority on behalf of the governing body and pursuant to section 15.2-2299 of the Code of Virginia to administer and enforce conditions attached to a rezoning or amendment to a zoning map, though all decisions made pursuant to this section are subject to appeal to the governing body according to the procedures described in section 15.2-2301 of the Code of Virginia.

(Ord. 12-16-15)

State Law reference— As to state law regarding conditional rezoning, see Code of Va., § 15.2-2296 et seq.

Every use, structure or building in which sanitary sewer facilities is required by the Uniform Statewide Building Code, or in which any such facility is proposed to be used, shall be served by a lawful public sewerage system or a private sewerage system approved by appropriate authority and designed in accordance with the regulations of the Virginia Department of Health. No administrative permit for any approval pursuant to this chapter shall be approved unless and until the applicant for such permit shall have established that such a system is available to the use, structure or building proposed. In the case of any septic disposal system, the applicant shall demonstrate, to the reasonable satisfaction of the Fluvanna County Health Department and to the Zoning Administrator, that the parcel of land to be used for such use, structure or building is capable of supporting a primary septic disposal system as well as a full backup system adequate to serve the use proposed.

(Ord. 9-17-08)

(A)

Except as otherwise expressly provided in this chapter, every parcel of land shall abut a road dedicated to public use and maintained by the Virginia Department of Transportation. Except as specifically permitted in this section, frontage shall not be less than required by the regulations of the district in which the parcel is located.

(1)

Frontage on a cul-de-sac may be reduced to not less than fifty feet (50'), provided that driveway separation shall be in accordance with the standards of the Virginia Department of Transportation and no more than five (5) lots shall have frontage on any one cul-de-sac.

(2)

For a lot located at the end of an access easement, frontage shall not be less than the full width of the easement.

(3)

Minimum required lot width at the setback line shall be the same as the minimum frontage required by the regulations of the district in which the parcel is located and shall not be reduced under this section.

(A)

Open space defined: For purposes of this chapter, except as otherwise provided in this chapter, "open space" shall mean land or water left in undisturbed natural condition and unoccupied by building lots, structures, streets and roads and parking lots. The foregoing notwithstanding, the following shall be permitted in open space:

(Ord. 9-17-08)

(1)

Agriculture, forestry and fisheries, including appurtenant, non-residential structures, including, but not limited to, barns, sheds, fences and the like;

(2)

Private, non-commercial recreational structures;

(3)

Public utilities otherwise permitted;

(4)

Wells and sewage disposal systems otherwise permitted;

(5)

Stormwater detention and flood control devices.

(B)

Designation and protection of open space: Open space shall be designated and shall be dedicated to public use or subject to easements in a form approved by the governing body and the County Attorney as sufficient to restrict the land subject thereto as provided herein. Except as otherwise approved in a particular case, such easements shall be granted to the County or to the Commonwealth of Virginia. Any easement dedicated or granted in accordance with the terms of Chapter 10.1, Title 10.1 of the Code of Virginia (sections 10.1-1009, ff.) or with the terms of Chapter 17, Title 10.1 of the Code of Virginia (sections 10.1-1700, ff.) shall be deemed, prima facie, to be sufficient to satisfy this section.

(Ord. 9-17-08)

Except as otherwise expressly provided in this chapter, in the A-1, R-1 and R-2 districts, no accessory building shall be located within twenty-five feet (25') of any rear lot line or within fifteen feet (15') of any side lot line.

(Ord. 9-21-11)

Prior ordinance references: 8-2-06.

(Ord. 9-21-11)

Prior ordinance references: 6-15-05.

The Zoning Administrator may approve placement of a manufactured home in the event that a residence is destroyed or made unlivable by fire, flood, wind, or other natural causes, provided that placement shall be for a period not longer than twelve (12) months from the date of occurrence of the event, and also provided that written approval is obtained from the respective property owners association, if any.

(Ord. 12-16-15)

(A)

A power production plant may be constructed pursuant to Section 22-4-2.2 and Section 22-17-4 of this chapter, upon showing by the applicant of the following:

(1)

The proposed location for the power plant is supported by a clear dependence upon the confluence of utilities necessary for the operation of the power production plant and the transmission of the electricity the plant generates;

(2)

The proposed power plant will not be of substantial detriment to adjacent property and the general character of the district will not be changed as a result of its operation. This shall be accomplished, in part, by meeting the following minimum criteria:

(a)

The proposed site shall be a minimum of 300 acres and allow for at least eighty-seven (87%) of the property to be left as open space;

(b)

The proposed site features natural vegetation or topographical features that provide for ample perimeter screening and buffering to minimize any visual or other impacts on adjacent property;

(c)

The proposed location has adequate access to the road system and shall not create or exacerbate traffic congestion;

(3)

In addition to meeting the minimum site-related criteria listed in subsection (A)(2)(a), (b) and (c) above, the design of the proposed electrical power production plant shall be subject in all respects to the provisions of this chapter except as listed in subsections (A)(3)(a) through (e), below. These exceptions shall be deemed to be compatible with the general character of the district and provide further protection of adjacent property from potential adverse impacts:

(a)

The height of any buildings or structures shall not exceed the lesser of 145 feet above ground level or the height of the tallest chimney as determined by paragraph (b) below;

(b)

The height of any chimney shall not exceed the lesser of 145 feet above ground level or the height determined by "good engineering practice" as determined by the State Air Pollution Control Board or the Department of Environmental Quality pursuant to applicable regulations addressing stack heights;

(c)

The amount of impervious surface coverage shall be thirteen percent (13%) or less, provided that storm water detention ponds or reservoirs shall be considered pervious surface(s);

(d)

Any buildings or structures over twelve feet (12') in height shall be located a minimum of 300 feet distant from adjoining property lines or edge of road rights-of-way;

(e)

There shall be a minimum of 300-foot wide vegetated buffer around the development which, in all other respects, conforms to the County landscaping requirements to be reviewed and approved along with the other requirements of a site development plan;

(4)

In addition to obtaining zoning approval from Fluvanna County, the proposed power plant also will obtain and maintain valid permits as required by all other regulatory bodies of the state and federal governments.

(Ord. 12-16-15)

Except as otherwise expressly provided hereinafter, any building used exclusively for the provision of public safety services shall be exempt from the acreage, frontage, setback and yard requirements of this ordinance. The foregoing notwithstanding, reasonable acreage, frontage, setbacks and yards may be required by the County, in the review of a site plan, in any case in which it shall be determined that particular requirements relating to acreage, frontage, setbacks and yards are necessary to protect the public safety. For purposes of this section, the term "public safety services" shall be deemed to include (a) the Sheriff of the County; (b) the Virginia State Police; (c) any other police agency established under the laws of the Commonwealth and certified by the Sheriff as providing public police services within the County; and (d) fire and/or emergency medical services companies and departments as defined in Section 27-8.1 of the Code of Virginia.

Notwithstanding any other provision of this chapter, there shall be permitted in all districts all uses which are necessary, subordinate, incidental and essential to a lawful main use and which cannot reasonably be located entirely on the same parcel, or in the same district, as the main use. Such necessary subordinate uses shall include, but shall not necessarily be limited to, driveways and other means of physical access; utility facilities, including sewerage and water supply systems; required off-street parking; surface water drainage and stormwater management facilities and structures.

(Ord. 03-15-06; Ord. 12-16-15)

(A)

These provisions are adopted in recognition that certain small-scaled commercial activities may be appropriate accessory uses within residential dwellings. The character and scale of such commercial activities must be subordinate and incidental to the principal use of the premises for dwelling purposes and must be consistent with the predominant residential character of the property and/or surrounding neighborhood. In addition, these provisions are intended to limit the size of such home occupations so as to not create an unfair competitive advantage over businesses located in commercially zoned areas.

(B)

The general standards applicable to all home occupations are as follows:

(1)

The maximum floor area permitted for a home occupation shall be 25 percent of the finished floor area of the dwelling unit. More than one home occupation may be permitted provided the total floor area used for all home occupations does not exceed 25 percent.

(2)

An accessory building or structure may be used with the home occupation, provided that the total floor area devoted to the home occupation in the accessory structure and dwelling unit does not exceed 25 percent of the finished floor area of the dwelling unit.

(3)

Outside storage of goods, products, equipment, or other materials associated with the home occupation shall be prohibited.

(4)

In the A-1 zoning district, one (1) person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation.

(5)

The use, sale or storage of toxic, explosive, flammable, radioactive, or other hazardous materials in conjunction with a home occupation shall be prohibited.

(6)

No use permitted only in districts I-1 and/or I-2 shall be permitted as a home occupation.

(7)

Lessons in the applied arts shall be permitted, provided the class size for any lesson does not exceed ten (10) students at any one (1) time. Special events such as recitals shall be permitted on an incidental basis.

(8)

All signs related to home occupations shall comply with the county zoning ordinance, including but not limited to Article 15 therein.

(9)

All home occupations shall comply with Chapter 15.1 of the County Code concerning noise. No activity in conjunction with a home occupation shall be conducted before 7:00 a.m. or after 10:00 p.m. that adversely impacts or disturbs adjoining property owners.

(10)

The operation of the home occupation shall not be permitted to significantly exceed, expand, or alter the residential nature of the dwelling unit and/or accessory structure, including but not limited to the following:

(a)

The color, material, construction, or lighting of the exterior of the dwelling unit or accessory structure;

(b)

The parking and type and volume of traffic connected with the dwelling unit and/or accessory structure, including commercial deliveries and pickups;

(c)

The demand for water and sewer services to the extent that usage might meet the commercial usage threshold;

(d)

Vibration, glare, fumes, odors or electrical interferences detectable to the normal senses off the premises or through common walls. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls.

(Ord. 10-17-18)

(A)

Owners of the short-term rental shall pay an application fee and submit the short-term rental application to the Fluvanna County Department of Planning and Zoning. The owner is required to notify the Department of Planning and Zoning of any changes to its information contained in its application. In the application, the owner must fully complete all fields including, without limitation, owner information, address, and phone number, short-term rental information, and, if applicable, property agent name, address, and phone number. A separate application for each residential dwelling which is to be offered for short-term rental shall be provided by the owner.

(B)

Any parcel with multiple, detached single-family dwellings may only have one short-term rental use per five acres of land.

(C)

Townhouse dwellings, single-family attached dwellings and two-family dwellings must be legally occupied by the owner as his primary residence in order to be used as a short-term rental.

(D)

There shall be no visible evidence of the conduct of such short-term rental other than one non-illuminated identification sign. Maximum sign area: four square feet.

(E)

Owners of a short-term rental shall require their guests to comply with any applicable law including without limitation the Fluvanna County Noise Control Ordinance (Chapter 15.2).

(F)

Outdoor burning, not within a designated firepit, and use of fireworks by guests shall be prohibited at the short-term rental.

(G)

Owners of the short-term rental must comply with all Virginia Department of Health regulations.

(H)

The maximum number of occupants in the short-term rental shall be no more than so permitted by a valid and controlling permit issued by the Fluvanna County Health Department or other Virginia agency, if and as applicable. All bedrooms or sleeping quarters must conform to the requirements of section 36-105.4 of the Code of Virginia, as amended, and the Virginia Uniform Statewide Building Code, as amended. The owner shall also agree to restrict occupancy in the short-term rental to no more than two adults per lawful bedroom.

(I)

Parking for the short-term rental shall be located on-site in driveways or other designated parking areas located on the owner's property where the short-term rental is being operated. The parking of vehicles off-site or in yards is prohibited.

(J)

Property boundaries of the short-term rental, or limitations within the property's boundaries where guests are allowed, must be clearly marked at all times.

(K)

The short-term rental shall comply with all applicable state building code, fire, health and safety statutes and regulations.

(L)

A fire extinguisher shall be provided and visible in all kitchen and cooking areas; functional smoke detectors shall be installed in all locations as identified in the Virginia Uniform Statewide Building Code; and in every dwelling that utilizes gas or propane a carbon monoxide detector must be installed on each floor and in any attached garage, if applicable.

(M)

Owner shall register the short-term rental with the Commissioner of Revenue for purposes of collecting the transient occupancy tax.

(N)

Nothing herein is intended to limit, affect or otherwise impact any covenants, easements, restrictions or other similar limitations on private property such as restrictions of an owner's association or otherwise.

(O)

Owners unable to meet all of the above requirements shall be prohibited from operation of the short-term rental.

(Ord. of 03-20-2024 (3))