Overlay districts, as presented in this article, are created for the purpose of imposing special regulations in given designated areas of the county to accomplish stated purposes that are set forth for each overlay district. Overlay districts shall be in addition to, and shall overlap and overlay, all other zoning districts so that any parcel of land lying in an overlay district shall also lie in one or more of the other zoning districts provided for by this Ordinance. All regulations of the underlying zoning districts shall be applicable except as modified by the regulations imposed by the overlay district.

(Ord. No. 12-08, § 3, 1-9-13)

Overlay districts shall be established as set forth for other zoning districts by this Ordinance and according to the requirements of state law. When so established, the boundaries of overlay districts shall be shown on the zoning district map as provided in this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

The purpose of this district is to specify additional development standards for uses other than residential uses in those areas of the county which, through provision of public utilities, are, or are planned to be, more densely populated. Such additional standards are hereby incorporated to insure the quality of public health, safety, and welfare in the urban development areas is maintained.

(Ord. No. 12-08, § 3, 1-9-13)

All nonresidential development in the Suburban Development Overlay Districts, except those uses in the M-2 or M-3 zoning districts, shall be required to meet the following additional standards:

1.

Standards for required landscaping.

a.

Required landscaping shall be placed in islands located within the parking lot, the thoroughfare buffer and peripheral areas.

b.

Peripheral landscaping.

(1)

Off-street parking areas may be located in any required yard except as otherwise specified in this Ordinance.

(2)

No parking area may be placed within five (5) feet of a property line unless such area is approved at the time of site plan approval for joint use by owners of contiguous property and a cross access easement is recorded.

(3)

This landscaped area shall be protected from vehicular damage by the use of traditional curb and gutter systems (or alternative equivalents), wheel stops, bumper blocks, or other approved protective device which shall be placed to prevent any vehicle from protruding into the landscaped area.

(4)

No such peripheral landscape area shall be required to be provided in a parking area which is the subject of a cross access easement as described above.

c.

Internal landscaping, general requirements. When an off-street parking area on-site exceeds four thousand five hundred (4,500) square feet,

(1)

At least five (5) percent of the parking area shall be devoted to internal landscaping.

(2)

The landscaping shall be trees, shrubs, hedges, or other planting material appropriate to the area, shall be provided in accordance with the standards specified in subsection 2 below, and

(3)

shall be dispersed throughout the parking area in appropriate planting areas, protected from vehicular damage by use of traditional curb and gutter systems (or alternative equivalents), wheel stops, bumper blocks, or other approved protective device.

d.

Internal landscaping, parking lots with an area of more than four thousand five hundred square feet but less than nine thousand square feet.

(1)

At least five percent (5%) of the off-street parking area shall be devoted to internal landscaping.

(2)

The required internal landscaping shall be placed in appropriate planting areas within the parking area.

(a)

Islands may be used for vehicular protection or to aid in traffic circulation, but such islands shall not be counted toward meeting the internal landscaping requirement unless trees, shrubbery, or both are planted within such islands.

(b)

Any island in which trees are planted shall be at least six (6) feet wide.

(c)

Any landscaping area(s) located adjacent to the front of the building and landscaping area(s) in excess of the required thoroughfare buffers and peripheral landscape area(s), when located within the front yard of the property, may be counted toward satisfying this requirement.

e.

Internal landscaping, parking lots with an area of more than nine thousand square feet

(1)

At least five percent (5%) of the parking area shall be devoted to internal landscaping.

(2)

The required landscaping shall be placed on-site at the ends of all parking bays, using landscaping islands no less than six (6) feet wide and at least as long as adjacent parking spaces, except as permitted below:

(3)

If an island does not contain landscaping material as allowed in subsection (d)(2), these islands shall not be counted toward meeting the 5% internal landscape area requirement.

(4)

There shall be no more than 225 linear feet of parking between landscape islands (measured at mid-depth of the parking spaces).

(5)

If the placement requirements for such islands result in an area comprising more than the required five (5) percent for internal landscaping, the higher percentage shall apply.

(6)

If all required islands have been provided as specified and the required five-percent internal landscaping has not been met, any landscaping area(s) located adjacent to the front of the building and landscaping area(s) in excess of the required thoroughfare buffers and peripheral landscape area(s), when located within the front yard of the property, may be counted toward satisfying this requirement.

f.

Requirements for truck stops. Landscaping shall be provided for on-site parking at truck stops as follows:

(1)

Areas that are designated for the circulation and parking of passenger vehicles shall be improved with landscaping in accordance with the standards set forth in subsections b, c, and d of this section;

(2)

Areas that are designated for the circulation, parking, and storage of trucks and truck trailers shall be improved with landscaping in accordance with the standards set forth in subsections b, c, and d of this section, including those specifying the area to be landscaped and the materials to be used; however, the required internal islands for such landscaping may be combined for ease of movement of the tractors and trailers.

2.

Standards for required plant material.

a.

New landscaping. Trees shall be required to provide a canopy after ten (10) years equivalent to at least ten (10) percent of the square footage of the parking area, and trees planted shall be credited in accordance with the Hanover County tree canopy chart, which shall be maintained by the Planning Department. The following standards shall apply to new landscaping required by this subsection:

(1)

Deciduous trees shall be at least two (2) inches in caliper measured six (6) inches from the ground when planted, with branching no closer than five (5) feet to the ground.

(2)

The trees shall be placed within the internal planting areas, with at least one tree in each area unless the applicant can demonstrate that this is not practicable, and within the required thoroughfare buffer unless the applicant can demonstrate that this is not practicable, in accordance with section 26-264.

(3)

Remaining trees may be placed within the islands, around the structure(s) where placement will not obstruct entrances, exits, or windows or otherwise provide places for concealment, or within the peripheral landscaping areas.

(4)

Evergreen trees or ornamental trees with multiple trunks, at least six (6) feet in height when planted, may be used to satisfy this requirement, but may only be placed around the structure(s) or within the peripheral landscaping area(s) where they will not obstruct driver vision or otherwise create safety hazards.

(5)

The trees shall be supplemented with shrubbery with at least two (2) shrubs per required tree. All shrubs shall have a spread of eighteen (18) inches to twenty-four (24) inches when planted. Shrubs shall not exceed twenty-four (24) inches in height when planted, and shall be maintained at twenty-four (24) inches or lower.

b.

Credit for tree retention. Existing trees on-site may partially satisfy this requirement in accordance with the following:

(1)

Credit given at the rate of one and one-quarter (1.25) times the existing tree cover provided by the tree(s) to be retained.

(2)

Only those trees located within the front or side yard of a site, including the thoroughfare buffer(s), shall be counted for this credit.

(3)

A tree protection plan for the protection of trees which receive landscaping credit shall be submitted at the time of site plan review. This plan shall show:

(a)

the limits of land disturbance; the canopy cover of those trees for which credit is being requested, both existing and projected at ten (10) years;

(b)

any welling of trees which may be necessary due to planned grading on site;

(c)

measures to be used to ensure that no vehicles enter, nor equipment or material storage occur within, the limits of the projected canopy during construction;

(d)

protective fencing or markers to be placed on-site prior to any land disturbance to denote the area(s) to be left undisturbed. If any trees for which credit is given are removed during construction, replacement trees which provide the same canopy shall be planted.

3.

Installation. Required landscaping shall be installed prior to issuance of the certificate of occupancy. If the time of year would jeopardize any planting, a temporary occupancy permit may be issued for a period not to exceed six (6) months, and a bond shall be posted in an amount sufficient to cover the cost of the required landscaping.

4.

Drainage. Landscaped areas and any traditional curb and gutter systems (or alternative equivalents), wheel stops, bumper blocks or other such protective devices shall be designed, installed and maintained in such manner as to not impede drainage.

5.

Bonding required. At the time of issuance of the certificate of occupancy, or at the end of the extension of time granted, a bond equal to twenty-five (25) percent of the cost of landscaping shall be posted with the county to ensure the landscaping was installed properly and remains healthy. This bond can be released at the end of one year, if the landscaping is in a healthy condition.

6.

Maintenance. All required landscaping is the responsibility of the property owner or tenant, and shall be maintained in a healthy condition. Recorded easements or other legal instruments which provide for the maintenance for landscaping within a shared parking area shall be provided. Plants damaged by insects, disease, vehicular traffic, acts of God, or vandalism shall be replaced.

7.

Enforcement. Failure to install or maintain required landscaping, or to replace dead or damaged plant material, shall be regarded as a violation of the Zoning Ordinance.

8.

Exceptions. Sites within the Suburban Development Overlay District which are required to provide internal landscaping, but which had been developed prior to December 23, 1992, and for which any required certificate of occupancy had been issued, shall be permitted to expand the existing floor area up to a cumulative total of twenty (20) percent without requiring the provision of landscaping if no additional parking area is required. When additional parking area is required, but the floor area expansion is less than twenty (20) percent of the existing area, the new parking area shall be developed in compliance with these landscaping requirements. The landscaping required for the new parking area may be dispersed throughout the entire parking area on site. Provision of landscaping in proportion to the floor area expansion shall be required for increases in floor area in excess of twenty (20) percent. Such landscaping shall be dispersed throughout the parking area(s), both existing and new.

(Ord. No. 12-08, § 3, 1-9-13)

In all Business zoning districts; OS, Office-Service; and M-1, Limited Industrial Zoning Districts, and within all residential projects located in the R-4 Residential Cluster District, R-5 Multiple Family Residential District, and the RM Multi-Family District which do not otherwise require subdivision approval, all utility lines, including, but not limited to, electric, CATV, telephone or other lines, constructed after May 26, 1993, shall be placed underground. This requirement shall apply to lines serving individual sites as well as to utility lines providing service to the development. However, where aerial utility service is extended from lines existing on May 26, 1993, located across a major thoroughfare, such lines may be carried overhead to a terminal pole located along the thoroughfare right-of-way but within the project, where the lines shall be placed underground. All above-ground accessories shall be screened with appropriate landscaping of a height no less than that of the facility being screened, in accordance with the standards of section 26-263. All existing and proposed utilities and accessories shall be shown on required site plans. The requirements of this section regarding underground placement shall not apply to electric transmission lines, the placement of which is regulated by the state corporation commission.

(Ord. No. 12-08, § 3, 1-9-13)

The purpose of this district is to provide additional development standards for all commercial and industrial uses within the U.S. Route 1 Corridor so as to create an appropriate transition from the development in the Richmond Metropolitan Area to the Town of Ashland. This area of the County is expected to be redeveloped with the provision of public utilities and improved transportation access. Uniform development standards will insure that the quality of public health, safety, and welfare in this portion of the urban area is enhanced.

(Ord. No. 12-08, § 3, 1-9-13)

The U.S. Route 1 Corridor Overlay District boundaries shall be established on the official zoning map. The procedure for establishing and amending the boundaries of the district shall be the same as any other amendment to the zoning map.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Applicability.

1.

Requirements other than landscaping. The development standards set out in subparagraph (b) below, with the exception of landscaping requirements, shall apply to all sites within the District developed, redeveloped, or expanded after December 22, 1993, and requiring site plan approval; provided that the development standards shall not apply to sites which had been developed prior to December 22, 1993, and for which a certificate of occupancy has been issued, unless there is an expansion of floor area in excess of a cumulative total of fifty (50) percent or ten thousand (10,000) square feet, whichever is less.

2.

Landscaping requirements. Sites for which internal landscaping is required, but which had been developed prior to December 22, 1993, and for which any required certificate of occupancy has been issued, shall be permitted expansion of the existing floor area up to a cumulative total of twenty (20) percent without the provision of landscaping, if no additional parking area is required. When additional parking area is required, but the floor area expansion is less than twenty (20) percent of the existing area, the new parking area shall be developed in compliance with these landscaping requirements. The landscaping required for the new parking area may be dispersed throughout the entire parking area on site. Provision of landscaping in proportion to the floor area expansion shall be required for increases in floor area in excess of twenty (20) percent. Such landscaping shall be dispersed throughout the parking area(s), both existing and new.

(b)

Development standards. In addition to the existing development standards specified in the Zoning Ordinance, the following additional standards shall apply in all underlying business and industrial zoning districts within the U.S. Route 1 Corridor Overlay District:

1.

Thoroughfare buffers. On all sites along designated roads, thoroughfare buffers shall be installed and maintained in accordance with the standards specified in sections 26-264—26-266.

2.

Landscaping. On all sites located along designated roads, landscaping shall be provided in accordance with the standards specified in section 26-192. This standard shall not apply to rear yards in industrial areas.

3.

Fencing. Fences erected after the effective date of this Ordinance on sites located along designated roads shall be located in the side or rear yard only. Nothing in this section shall prohibit the erection of ornamental fencing inside the front yard.

4.

Loading spaces. On sites along designated roads, loading spaces shall be located only within side or rear yards.

5.

Outside storage. Outside storage of equipment, materials, or supplies, if permitted in the underlying district, shall be permitted only in side or rear yards and shall be screened from view from all major thoroughfares. Such screening shall be in accordance with the standards specified in section 26-263. Where outdoor waste receptacles are used on site, and screening other than plantings is used, such screening shall be architecturally compatible with the building(s) on-site and shall otherwise comply with the standards of section 26-263. Vehicles used in conjunction with a permitted use on-site may be stored within a parking area designed for such use, but the parking area shall be landscaped in accordance with the standards of section 26-192, or shall be screened in accordance with the standards of section 26-263.

6.

Utility lines and structures. To the extent possible, utility service lines shall be located so as to minimize disturbance of any tree of fifteen-inch caliper or greater on site. All junction and access boxes, when located on sites along designated roads, shall be screened from view with landscaping.

7.

Parking areas. On sites along designated roads, all parking areas located within front yards shall be paved, and traditional curb and gutter systems (or alternative equivalents) shall be used around and within all such parking areas.

8.

Buffers. When an industrially- or commercially-zoned property adjoins an R-zoned property, or when an industrially- or commercially-zoned property adjoins an A-1 zoned property on which there is a dwelling within two hundred (200) feet of the common property line, a buffer shall be provided along such line in accordance with the standards specified in section 26-265.

9.

Public water and sewer. Any development within this Overlay District shall be connected to public water and sewer when available at the property line.

(c)

Designated roads. Within the U.S. Route 1 Corridor Overlay District, where the term "designated roads" is used, it shall mean the following routes:

1.

U.S. Route 1 (Washington Highway).

2.

State Route 623 (Cedar Lane Road/Telegraph Road).

3.

State Route 656 (Sliding Hill Road).

4.

State Route 657 (Ashcake Road).

5.

State Route 782 (Lakeridge Parkway and North Lakeridge Parkway).

6.

State Route 801 (Cobb's Road).

7.

State Route 802 (Lewiston Road).

(Ord. No. 12-08, § 3, 1-9-13)

All uses permitted in the underlying zoning districts shall be permitted in the U.S. Route 1 Corridor Overlay District and shall be subject to the standards and regulations applicable in the underlying zoning districts, with the following exceptions:

(a)

For properties zoned R-1, R-2, or R-3, the following shall be conditional uses:

1.

All uses listed in the underlying district regulations as conditional uses.

2.

Agricultural uses as specified in the underlying district regulations, and any references made to these sections.

3.

Raising for sale of birds, bees, fish, rabbits, and other small animals.

(b)

In the R-4 zoning district, the following shall be conditional uses:

1.

All uses currently listed in the underlying district regulations as conditional uses.

2.

Agricultural uses incorporated by reference.

(c)

In the R-5 zoning district, the following shall be conditional uses:

1.

All uses currently listed in the underlying district regulations as conditional uses.

2.

Raising birds, bees, fish, rabbits, and other small animals for sale.

(d)

In the M-2, Light Industrial District, the following uses shall be conditional uses:

1.

All uses specified in section 26-174, as conditional uses.

2.

Animal, poultry, and bird raising, commercial.

(e)

For properties zoned M-3, Heavy Industrial District, the following uses shall be conditional uses:

1.

All uses specified in section 26-183, as conditional uses.

2.

Animal, poultry, and bird raising, commercial.

3.

Pulp, paper and paperboard.

4.

The manufacturing, compounding, processing, packaging, fabrication or treatment of:

a.

Asphalt or asphalt products, including batching and mixing.

b.

Fish curing and smoking, fish oils and meal.

c.

Leather and hide tanning and finishing.

d.

Meat or fish product manufacturing, including slaughtering or preparation for packaging.

(Ord. No. 12-08, § 3, 1-9-13)

For the purpose of creating design flexibility, better land use, and enhanced development standards, projects within the district may be developed as "mixed zone developments" if the project consists of a zoning lot under single ownership or control with more than one commercial or industrial zoning district. Mixed zone developments shall be subject to the following development standards and requirements:

1.

Permitted uses in a mixed zone development shall be all of those uses permitted in any of the commercial or industrial zoning districts included within the zoning lot, and division 13 of Article 3: M-1, Limited Industrial District, with the exception of those uses specified in section 26-196 above. All uses shall be subject to the district standards applicable to the actual use of the property and to the standards of this section. No zoning lot shall include property in a residential zoning district.

2.

A sketch plan, which shall be required for any mixed zone development, shall be submitted for Planning Commission review and approval. The sketch plan shall be prepared in accordance with the standards specified in section 26-323, and shall comply with the additional standards specified in subsection b below.

a.

All proposed uses shall be included on the sketch plan at the time of approval. The sketch plan shall be reviewed and approved by the Hanover County Planning Commission for compliance with the provisions of this article, in accordance with the procedures specified in section 26-324.

b.

Elevations, including graphic depictions such as photographs or measured drawings, for structures in the proposed development shall be provided to the Planning Commission at the time of sketch plan review. The depictions shall include references to the materials and colors proposed to be used within the project. The architecture for the mixed zone development shall be consistent with those elevations, unless changes to the elevations are approved by the Planning Commission as amendments to the sketch plan in accordance with the procedures specified in section 26-324. The final architectural elevations, prepared by a licensed architect, for all structures on-site shall be reviewed and approved by the Planning Commission prior to site plan approval as being in substantial conformity with the elevations, materials, and colors submitted with the sketch plan.

3.

The following additional development standards shall apply to the mixed zone development:

a.

Project perimeter. The minimum buffer required around the perimeter of any designated mixed zone development shall be fifty (50) feet along any property line contiguous with a residential district. Perimeters contiguous with any other zoning district, major thoroughfare, or interstate highway right-of-way may be reduced to twenty-five (25) feet. No buildings or parking areas shall be permitted within the required buffer area. A visual screen consisting of a berm, fence, or screen planting, in accordance with standards contained in section 26-263, shall be provided along the inner perimeter established by the buffer where the buffer is contiguous with a residential zone, an historic site as identified in the "Survey of Historic Resources, Hanover County, Virginia," by Land & Community Associates, dated October, 1990, or a designated scenic road along the common boundary. The buffer may be landscaped or left in its natural state with supplemental landscaping. Should it be necessary to run drainage, utility, or other easements through the buffers, the buffer shall be disturbed to the minimum extent necessary.

b.

Open space. At least ten (10) percent of the lot area shall be permanent open space. This area shall be used for landscaping, lawns, and screening, and may include bodies of water, works of art, and outdoor recreation areas. The area used for the thoroughfare buffers and internal landscaping may be used to satisfy this requirement. Within the open space, at least five (5) deciduous trees per gross acre for each site shall be planted, or an equivalent alternative, as determined by the Hanover County Planning Commission, shall be provided. Each tree shall be at least two (2) inches in caliper, measured six (6) inches from the ground, at the time of planting. Existing trees on-site may be used to satisfy this requirement. For the purposes of this Ordinance, gross acre shall mean the total area of the site minus the parking area.

c.

Preservation of existing trees. It is the intent of this section that a proposed development be so designed as to minimize the disturbance or destruction of any existing healthy trees on the site. To satisfy this intent, no healthy tree with a caliper of fifteen (15) inches or greater, measured two (2) feet from the ground, shall be removed from the site unless such trees are replaced. Such trees shall be shown on the landscaping plan required at the time of site plan approval. No replacement tree shall have a caliper less than three (3) inches, measured six (6) inches from the ground, at the time of planting and the total caliper of replacement trees shall equal or exceed the total caliper of trees fifteen (15) inches or greater removed from the site. These replacement trees shall be in addition to landscaping required under other sections of this Ordinance. However, such trees may be removed without replacement within the area of any road or utility easement on site, or of the footprint of the building, parking lot, or entrance to the site, and within twenty (20) feet of the foundation of the structure and within ten (10) feet of the perimeter of the driveway or parking area.

d.

Access. Access to major thoroughfares shall be limited to no more than one point of ingress/egress for every five hundred (500) feet of public road frontage. Where possible, access shall comprise intersections with public roads constructed in conjunction with the mixed zone development, with private entrances being located along internal roads, drives, or parking areas.

e.

Signs. Signage shall be designed as part of a sign program for the development. The program shall include colors, materials, and scale drawings of the signs proposed for use on-site and shall be submitted for approval along with the architectural elevations at the time of application for a mixed zone development. In general, signs shall be permitted in accordance with the standards specified in section 26-275, Office/Service District.

f.

Underground utilities. Within a designated mixed zone development, all utilities shall be placed underground regardless of the underlying zoning district, in accordance with the requirements specified in section 26-192. Where the industrial requirement necessitates the use of overhead lines, as determined by the Hanover County Planning Commission, such overhead lines shall be allowed in rear yards only.

g.

Maintenance of landscaping. All landscaping provided pursuant to this article shall be maintained, and surety provided, in accordance with the standards specified in section 26-192.

(Ord. No. 12-08, § 3, 1-9-13)

Exceptions to the additional development requirements and standards specified in this section, including those applicable to mixed zone developments, may be granted by the Board in accordance with the procedures set out in this Ordinance. Applications shall be made on a form provided by the Planning Director and shall be accompanied by a sketch plan or site plan of the proposed development. An exception may be granted if the Board makes the following findings:

1.

That the exception is reasonably necessary due to physical constraints of the site, such as size, shape, topography, soils, or arrangement of existing improvements, that prevent construction in accordance with applicable standards without compromising the intent of this Ordinance, and that the exception is the minimum departure from applicable standards necessary to provide relief;

2.

That an exception would not unreasonably lower the level of service on affected roads;

3.

That the design and location of proposed on-site improvements are compatible with existing developed sites contiguous with and near to the site of the proposed development;

4.

That the granting of the exception will not substantially affect adversely the use of adjacent and neighboring property;

5.

That the granting of the exception will avoid the unnecessary replacement of existing landscaping and other improvements on site, if applicable, and will not result in unsafe circulation patterns on site; and

6.

That the granting of the exception will not endanger the public safety, or in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the County.

(Ord. No. 12-08, § 3, 1-9-13)

Where the provisions of this section conflict with the requirements of the underlying zoning district, the more stringent standards shall apply.

(Ord. No. 12-08, § 3, 1-9-13)

The purpose of this district is to provide additional development standards for all commercial and industrial uses within designated areas adjacent to the Town of Ashland so as to create an appropriate transition from development in the surrounding county to the town. To the extent that these areas adjacent to the town develop further or are redeveloped with commercial and industrial uses, enhanced development standards established by this district are intended to ensure a quality of development that will protect the character of the town and promote the health, safety and general welfare of the public.

(Ord. No. 12-08, § 3, 1-9-13)

The Ashland Area Overlay District boundaries shall be established on the official zoning map. The procedure for establishing and amending the boundaries of the district shall be the same as any other amendment to the zoning map.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Applicability:

(1)

Requirements other than landscaping. The development standards set out in subparagraph (b) below, with the exception of landscaping requirements, shall apply to all sites within the district developed, redeveloped, or expanded after (the effective date of this ordinance), and requiring site plan approval; provided, that the development standards shall not apply to sites which had been developed prior to (the effective date of this ordinance), and for which a certificate of occupancy has been issued, unless there is an expansion of floor area in excess of a cumulative total of fifty (50) percent or ten thousand (10,000) square feet, whichever is less.

(2)

Landscaping requirements. Sites for which internal landscaping is required, but which had been developed prior to (the effective date of this ordinance) and for which any required certificate of occupancy has been issued, shall be permitted expansion of the existing floor area up to a cumulative total of twenty (20) percent without the provision of landscaping if no additional parking area is required. When additional parking area is required, but the floor area expansion is less than twenty (20) percent of the existing area, the new parking area shall be developed in compliance with these landscaping requirements. The landscaping required for the new parking area may be dispersed throughout the entire parking area on site. Provision of landscaping in proportion to the floor area expansion shall be required for increases in floor area in excess of twenty (20) percent. Such landscaping shall be dispersed throughout the parking area(s), both existing and new.

(b)

Development standards. In addition to the existing development standards specified in the Zoning Ordinance, the following additional standards shall apply in all underlying business and industrial zoning districts within the Ashland Area Overlay District:

1.

Thoroughfare buffers. On all sites located along all roads, thoroughfare buffers shall be installed and maintained in accordance with the standards specified in sections 26-264—26-266; provided, that such buffers shall be measured from the front property line or the future right-of-way line shown on the adopted major thoroughfare plan, whichever results in the greater buffer.

2.

Landscaping. On all sites located along all roads, landscaping shall be provided in accordance with the standards specified section 26-192. This standard shall not apply to rear yards in industrial areas.

3.

Fencing. Fences erected after the effective date of this ordinance on sites located along all roads shall be located in the side or rear yards only. Nothing in this section shall prohibit the erection of ornamental fencing in the front yard.

4.

Loading spaces. On sites along all roads, loading spaces shall be located only within side or rear yards.

5.

Outside storage. Outside storage of equipment, materials, or supplies, if permitted in the underlying district, shall be permitted only in side or rear yards and shall be screened from view from all roads. Such screening shall be in accordance with the standards specified in section 26-263. Where outdoor waste receptacles are used on site, they shall be screened from view from all roads in accordance with the standards specified in section 26-263, and where screening other than plantings is used, such screening shall be architecturally compatible with the building(s) on site. Vehicles used in conjunction with a permitted use on-site may be stored within a parking area designed for such use, but the parking area shall be landscaped in accordance with the standards of section 26-192, or shall be screened in accordance with the standards of section 26-263.

6.

Utility lines and structures. To the extent possible, utility service lines shall be located so as to minimize disturbance of any tree of fifteen-inch caliper or greater on site. All junction and access boxes, when located on sites along with roads, shall be screened from view with landscaping.

7.

Parking areas. On sites along all roads, parking areas located within front yards shall be paved, and traditional curb and gutter systems (or alternative equivalents) shall be provided around and within all such parking areas.

8.

Buffers. When an industrially-zoned or commercially-zoned property adjoins an R-zoned property, or when an industrially-zoned or commercially-zoned property adjoins an A-1 zoned property on which there is a dwelling within two hundred (200) feet of the common property line, a buffer shall be provided along such line in accordance with the standards specified in section 26-265.

9.

Public water and sewer. Any development within this overlay district shall be connected to public water and sewer when available at the property line.

(Ord. No. 12-08, § 3, 1-9-13)

All uses permitted in the underlying zoning districts shall be permitted in the Ashland Area Overlay District and shall be subject to the standards and regulations applicable in the underlying zoning districts, with the following exceptions:

(a)

In the R-1, R-2, R-3, and R-6 zoning districts, the following shall be conditional uses:

1.

All uses listed in R-1, R-2, R-3, and R-6 zoning district regulations, as conditional uses.

2.

Agricultural uses as specified in R-1 and R-2 zoning district regulations, and any references made to these sections.

3.

Raising for sale of birds, bees, fish, rabbits, and other small animals.

(b)

In the R-4 zoning district, the following shall be conditional uses:

1.

All uses currently listed in the R-4 zoning district regulations, as conditional uses.

2.

Agricultural uses incorporated by reference.

(c)

In the R-5 zoning district, the following shall be conditional uses:

1.

All uses currently listed in the R-5 zoning district regulations, as conditional uses.

2.

Raising for sale of birds, bees, fish, rabbits, and other small animals.

(d)

In the M-2, Light Industrial District, the following uses shall be conditional uses:

1.

All uses specified in section 26-174, as conditional uses.

2.

Animal, poultry, and bird raising, commercial.

(e)

In the M-3, Heavy Industrial District, the following uses shall be conditional uses:

1.

All uses specified in section 26-183, as conditional uses.

2.

Animal, poultry, and bird raising, commercial.

3.

Pulp mills.

4.

Asphalt or asphalt products, including batching and mixing.

5.

Fish curing and smoking, fish oils and meal.

6.

Glue, hides, and raw fur curing, tanning, dressing, dyeing, and storage.

7.

Leather tanning and curing.

8.

Meat or fish products, including slaughtering of animals or poultry or preparation of fish for packing.

(Ord. No. 12-08, § 3, 1-9-13)

The following additional development standards and requirements shall apply to all sites within the Ashland Area Overlay District having frontage on U.S. Route 1:

1.

Sketch plan. A sketch plan shall be submitted for planning commission review and approval. The sketch plan shall be prepared in accordance with the standards specified in section 26-323, and shall comply with the additional standards specified in paragraph 2. below.

a.

All proposed uses shall be included on the sketch plan at the time of approval. The sketch plan shall be reviewed and approved by the Hanover County Planning Commission for compliance with the provisions of this article, in accordance with the procedures specified in section 26-318.

b.

Elevations, including graphic depictions such as photographs or measured drawings, for structures in the proposed development shall be provided to the Planning Commission at the time of sketch plan review. The depictions shall include references to the materials and colors proposed to be used within the project. The architecture for the development shall be consistent with those elevations, unless changes to the elevations are approved by the planning commission as amendments to the sketch plan in accordance with the procedures specified in section 26-320 of this Ordinance. The final architectural elevations, prepared by a licensed architect, for all structures on-site shall be reviewed and approved by the Planning Commission prior to site plan approval as being in substantial conformity with the elevations, materials, and colors submitted with the sketch plan.

2.

Open space. At least ten (10) percent of the lot area shall be permanent open space. This area shall be used for landscaping, lawns, and screening, and may include bodies of water, works of art, and outdoor recreation areas. The areas required for thoroughfare buffers and internal landscaping by section 26-203 shall not be used to satisfy this requirement. Within the open space, at least five (5) deciduous trees per gross acre for each site shall be planted, or an equivalent alternative, as determined by the Hanover County Planning Commission, shall be provided. Each tree shall be at least two (2) inches in caliper, measured six (6) inches from the ground, at the time of planting. Existing trees on-site may be used to satisfy this requirement. For the purposes of this Ordinance, gross acre shall mean the total area of the site minus the parking area.

3.

Preservation of existing trees. It is the intent of this section that a proposed development be so designed as to minimize the disturbance or destruction of any existing healthy trees on the site. To satisfy this intent, no healthy trees with a caliper of fifteen (15) inches or greater, measured two (2) feet from the ground, shall be removed from the site unless such trees are replaced. Such trees shall be shown on the landscaping plan required at the time of site plan approval. No replacement tree shall have a caliper less than three (3) inches, measured six (6) inches from the ground, at the time of planting and the total caliper of replacement trees shall equal or exceed the total caliper of trees fifteen (15) inches or greater removed from the site. These replacement trees shall be in addition to landscaping required under other sections of this Ordinance. However, such trees may be removed without replacement within the area of any road or utility easement on site, or of the footprint of the building, parking lot, or entrance to the site, and within twenty (20) feet of the foundation of the structure and within ten (10) feet of the perimeter of the driveway or parking area.

4.

Access. Access to U.S. Route 1 shall be limited to no more than one point of ingress/egress for every five hundred (500) feet of frontage along U.S. Route 1. Where possible, access shall comprise intersections with public roads constructed in conjunction with the development, with private entrances being located along internal roads, drives, or parking areas.

5.

Signs. Signage shall be designed as part of a sign program for the development. The program shall include colors, materials, and scale drawings of the signs proposed for use on-site and shall be submitted for approval along with the architectural elevations at the time of submission of the required sketch plan. Signs shall be permitted in accordance with the standards specified in section 26-275, Office/Service District.

6.

Underground utilities. All utilities shall be placed underground regardless of the underlying zoning district, in accordance with the requirements specified in section 26-192. Where the industrial requirement necessitates the use of overhead lines, as determined by the Hanover County Planning Commission, such overhead lines shall be allowed in rear yards only.

7.

Maintenance of landscaping. All landscaping provided pursuant to this article shall be maintained, and surety provided, in accordance with the standards specified in article section 26-192.

(Ord. No. 12-08, § 3, 1-9-13)

Exceptions to the additional development requirements and standards specified in this section, including those applicable to sites having frontage on U.S. Route 1, may be granted by the Board in accordance with the procedures set out in this Ordinance. Applications shall be made on a form provided by the Planning Director and shall be accompanied by a sketch plan or site plan of the proposed development. An exception may be granted if the board makes the following findings:

1.

That the exception is reasonably necessary due to physical constraints of the site, such as size, shape, topography, soils, or arrangement of existing improvements, that prevent construction in accordance with applicable standards without compromising the intent of this Ordinance, and that the exception is the minimum departure from applicable standards necessary to provide relief;

2.

That an exception would not unreasonably lower the level of service on affected roads;

3.

That the design and location of proposed on-site improvements are compatible with existing developed sites contiguous with and near to the site of the proposed development;

4.

That the granting of the exception will not substantially affect adversely the use of adjacent and neighboring property;

5.

That the granting of the exception will avoid the unnecessary replacement of existing landscaping and other improvements on site, if applicable, and will not result in unsafe circulation patterns on site; and

6.

That the granting of the exception will not endanger the public safety, or in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the county.

(Ord. No. 12-08, § 3, 1-9-13)

Where the provisions of this division conflict with the requirements of the underlying zoning district, the more stringent standards shall apply.

(Ord. No. 12-08, § 3, 1-9-13)

The purpose of this district is to provide for the redevelopment of the Old Mechanicsville Turnpike commercial area. The land within this district represents one of the first commercial areas of the county and includes commercial structures with distinct and unique architecture.

(Ord. No. 12-08, § 3, 1-9-13)

The Mechanicsville Village Overlay District shall be established on the official zoning map, and shall be as follows: All of that area from the southern boundary of the right-of-way of Atlee Road/Cold Harbor Road, along the western boundary of the right-of-way of the U.S. Route 360 Bypass in a southerly direction to its intersection with Elm Drive; along the northern boundary of the right-of-way of Elm Drive in a westerly direction to a point five hundred (500) feet west of the intersection of Elm Drive and Old Mechanicsville Turnpike; then along a line five hundred (500) feet west of the western boundary of the right-of-way of Old Mechanicsville Turnpike in a northerly direction to its intersection with the southern boundary of Atlee Road. If this boundary passes through a property that is designated on the official map for commercial use, the entire property shall be deemed to be included within this district.

(Ord. No. 12-08, § 3, 1-9-13)

The development of lots within this district shall be subject to the following requirements:

1.

For all properties within the district:

a.

No landscaping shall be required;

b.

No screening of parking lots shall be required;

c.

No thoroughfare buffer shall be required;

d.

The front yard setback for new structures within this district is ten (10) feet; and

e.

Where parking is already provided on a property, no additional parking shall be required when an existing structure is expanded or razed and reconstructed, provided there is no reduction in existing on-site parking. Parking spaces may be relocated or reconstructed so long as the number of spaces is not reduced. For all other properties, the parking requirements set forth in division 4 of article 5 shall apply.

The provisions of subsection (1)(e) of this section shall not apply where the existing structure was originally constructed for residential use and for which no site plan has been approved.

2.

Existing structures that are non-conforming may be expanded or enlarged, provided that any new construction shall not be closer than ten (10) feet from the front property line.

3.

Off-site parking in community parking areas within the district or on other commercial sites within the district may be used to satisfy the parking requirements set forth above. When the parking spaces are located on another property, the right to the use of the spaces shall be provided for in accordance with section 26-255.

(Ord. No. 12-08, § 3, 1-9-13)

The purpose of this district is to provide for protection against encroachment into those airspaces necessary for the unimpeded safe passage of aircraft landing at or taking off from an airport protected by this district.

(Ord. No. 12-08, § 3, 1-9-13)

Except as provided in section 26-213 below, any use of land permitted in any underlying conventional zone shall be permitted in an APO Airport Protection Overlay District, and further provided that no use or activity shall be permitted in such a manner as to create electrical or electronic interference with radio communications or radar operation between the airport and aircraft, to make it difficult for fliers to distinguish between airport lights and others, to result in glare in the eyes of fliers using the airport, or to impair visibility in the vicinity of the airport, or otherwise to interfere with or to endanger the landing, taking off or maneuvering of aircraft within a controlled airspace.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Height limitations shall be the same as provided in the underlying conventional zoning district, provided that no building, structure, object of natural growth, or use shall be permitted which shall penetrate a "controlled airspace" (as defined). Penetration shall include but shall not be limited to any use or activity which would cause the intrusion into a controlled airspace of light, glare, smoke, particles, projectiles, radiation or electrical interference. In determining whether any proposed activity constitutes a penetration, the zoning administrator may consult with the Federal Aviation Administration, the Virginia Department of Aviation, the Hanover County Airport Committee, and the airport owner, as may be applicable. Where the trimming of any tree or other object of natural growth is necessary to achieve compliance with the provisions of this section, such trimming shall be at the expense of the airport owner.

(b)

Setback regulations. Notwithstanding other provisions of this ordinance, no structure, building, sign, parking or loading area, tree or object of natural growth, or other improvement shall be made within seventy-five (75) feet of the center line of any airport taxiway included within an APO Airport Protection Overlay District.

(Ord. No. 12-08, § 3, 1-9-13)

Any plats or plans applicable to lands within the APO Airport Protection Overlay District approved by any county official shall prominently display a disclosure statement that such plat or plan includes land or buildings within the APO Airport Protection Overlay District.

(Ord. No. 12-08, § 3, 1-9-13)

Historic Preservation Overlay (HPO) Districts are created for the purpose of promoting the general welfare, education, and recreational pleasure of the public, through the perpetuation of the character of those general areas or individual structures and premises which have been officially designated by the Board as having historic, architectural or cultural significance.

Regulations within such districts are intended to protect against destruction of or encroachment upon such areas, structures, and premises; to encourage uses which will lead to their continuance, conservation and improvement in a manner appropriate to the preservation of the cultural, social, economic, political, architectural, or archeological heritage of the county; to prevent creation of environmental influences adverse to such purposes; and to assure that new structures and uses within such districts will be in keeping with the character to be preserved and enhanced.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

The boundaries of an HPO District shall in general be drawn to include all lands closely related to and bearing upon the character of the historic site, thus providing a landscape unit and affording transitional regulations needed to control potentially adverse environmental influences. Boundaries of each HPO Districts shall be shown on the zoning district map.

(b)

HPO Districts may be established by the Board when such designation of historic sites would serve the purpose of this section, as stated above.

(c)

HPO District shall be established in the same manner and by the same procedures set forth for zoning districts provided for in this ordinance, unless such procedures are qualified by requirements of this section. No more than one posted notice of a public hearing on a proposed HPO District shall be required, even if multiple properties are included in the application.

(d)

Applications for the creation of an HPO District may be made by resolution of the county Board or the county planning commission, or by application of all property owners within the proposed district. The application shall contain information prescribed by the Director. A property owner may petition the Board for initiation of an HPO District application including properties not owned by the petitioner. The architectural review board (ARB) may also petition the Board for initiation of an application.

(e)

Any area in which a structure or group of structures having an important historical, architectural or cultural interest is located, or an area adjacent to the sites of such structures may be designated a historic district in accordance with the procedures set out above if the area meets one or more of the following criteria:

1.

Is associated with persons, events, activities or institutions of local, state or national historical significance; or

2.

Contains buildings whose exterior design or features embody or exemplify the distinctive design characteristics of one or more historic eras, styles, materials, or construction method, or exemplify the work of an acknowledged master or masters; or

3.

Reflects the cultural, political, economic, social, architectural or historic heritage of the county; or

4.

Contains qualities or artifacts which significantly contribute to present-day knowledge and understanding of lifestyles, activities, events or experiences of a previous era; or

5.

Is likely to yield information important to history or prehistory.

(f)

Within an HPO District, uses shall be permitted by right, or with a special use permit, pursuant to the district regulations of the zoning district(s) in which such HPO District is located; provided, that telecommunications towers and related facilities shall be prohibited within an HPO district. The Board may provide for additional permitted uses which may be determined to be appropriate and in character with a specific HPO District. Development standards within an HPO District shall be those of the zoning district(s) in which the HPO District is located, provided that the Board may require additional development standards, modify or eliminate development standards within a specific HPO District. Any modification of permitted uses or development standards shall be approved by the Board upon a finding that the uses and prescribed development standards are appropriate to and compatible with the character of the HPO District and adjacent areas, that they further the protection, restoration, preservation, and improvement of the area of the HPO District and that they promote the purposes of the HPO District.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

No activity requiring a Certificate of Approval shall be commenced unless a Certificate of Approval has been issued by the ARB, as provided below, except that in cases of fire, flood, other natural disaster, or any similar event beyond the control of the property owner, emergency repairs of a temporary nature may be made so long as a Certificate of Approval for permanent repairs or renovations is applied for within thirty (30) days of the event precipitating the need for such temporary repairs.

(b)

Any party aggrieved by the determination of the ARB may appeal to the Board as specified in section 26-221.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Applications for Certificates of Approval shall be made to the Director of Planning on forms supplied by the Director. The Director shall refer all applications to the ARB.

(b)

Applications for Certificates of Approval shall be considered by the ARB at a regular meeting, after receiving written reports from the staff. Any individual having information directly related to either the compatibility of a proposed activity with the historical nature of the district, or the effect of the proposed activity on the historical character or architectural integrity of the district, shall be heard by any meeting on the proposed activity. A report on the application from the staff shall be heard at that meeting. An applicant shall provide any additional information requested by the ARB.

(c)

All approvals or disapprovals by the ARB shall include a statement of the reasons for such action. The ARB may approve the application, approve the application with conditions or deny the application. In the case of denial, the ARB may make recommendations to the applicant.

(d)

No substantially similar application for a Certificate of Approval shall be accepted by the Director within twelve (12) months of denial of an application by the ARB.

(e)

A Certificate of Approval shall be null and void twelve (12) months after the date on which it was issued unless within such period the work authorized by the ARB is commenced, or an extension of time, not exceeding one year, is approved by the ARB for good cause shown.

(Ord. No. 12-08, § 3, 1-9-13)

The ARB shall review all applications for rezonings, conditional use permits, special exceptions, or variances proposed within an HPO District and may make recommendations thereon to the board or commission charged with the issuance of such rezoning, conditional use permit, special exception, or variance.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

The ARB shall review each completed application for a Certificate of Approval. In reviewing such applications for the erection, construction, reconstruction, remodeling, exterior alteration, razing, demolition, moving or restoration of a building or structure, the ARB shall not consider interior arrangement or features not subject to any public view and shall not make any requirements except for the purpose of preventing developments incompatible with the purposes of the Historic Preservation Overlay District. The ARB shall consider the following in determining the appropriateness of the issuance of a Certificate of Approval:

1.

The architectural or historical significance of a structure.

2.

The exterior architectural features, including all signs incorporated in such construction, which are subject to public view from a public street, way, or place;

3.

The general design, arrangement, shape, texture, material, color, and fenestration of the building or structure and their relation to similar features of buildings or structures in the HPO District;

4.

The compatibility of the proposed construction or alteration with the character of the HPO District;

5.

The extent to which the construction or alteration of the building or structure promotes the purposes of the HPO District; and

6.

The extent to which denial of a Certificate of Approval would constitute a deprivation to the owner of a reasonable use of his or her property.

In addition, the ARB may develop more specific guidelines consistent with the standards in the preceding paragraphs (1) through (6).

(b)

In reviewing an application for a Certificate of Approval for a permit for the razing or demolition of a landmark, building, structure or improvement the ARB shall, in addition to the applicable factors stated in (a), above, review the circumstances and the condition of the structure or part proposed and shall report its finding based on consideration of any or all of the following criteria:

1.

Whether the landmark, building, structure or improvement is of such architectural or historical interest that its removal would be to the detriment of the public interest.

2.

Whether the landmark; building, structure or improvement is of such old and unusual or uncommon design, texture, and material that it could be reproduced only with great difficulty.

3.

Whether retention of the landmark, building, structure or improvement would help preserve and protect a historic site.

(c)

In reviewing a Certificate of Approval application for a permit to move or relocate a historic landmark, building, or structure, the ARB shall consider the following criteria:

1.

Whether the proposed relocation would have a detrimental effect on the structural soundness of the landmark, building, structure, or improvement.

2.

Whether the proposed relocation would have a detrimental effect on the character of the HPO District.

3.

Whether relocation would provide new surroundings which would be harmonious with or incongruous to the historical and architectural aspects of the landmark, building, structure, or improvement.

4.

Whether relocation would help preserve and protect a historic site.

(Ord. No. 12-08, § 3, 1-9-13)

Any applicant or any owner of property located within the particular HPO District in question, when aggrieved by a decision of the ARB, may appeal such decision to the Board, provided that such appeal is filed in writing within thirty (30) days of the date of notification of the ARB's decision. Any applicant or any owner of property located within the particular HPO District in question, when aggrieved by a final decision of the Board, provided that such appeal is filed in writing within thirty (30) days of the date of notification of the ARB's decision, may appeal its decision to the Circuit Court.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

In addition to the right of appeal set forth in section 26-221, above, the owner of a historic landmark, building, structure or improvement, the razing or demolition of which is subject to the restrictions of the HPO District shall, as a matter of right, be entitled to raze or demolish such landmark, building, or structure provided that:

1.

He or she has applied to the governing body for such right;

2.

The owner has, for the period of time set forth in the schedule hereinafter set out and at a price reasonably related to its fair market value, made a bona fide offer to sell such landmark, building, or structure, and the land pertaining thereto, to such county or municipality or to any person, firm, corporation, or government agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark, building, or structure and the land pertaining thereto; and

3.

No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building or structure, and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule hereinafter contained.

(b)

The fact that an appeal has been made to the Hanover County Circuit Court from a decision of the Board shall not affect the right of the owner to make the bona fide offer to sell referred to above. No offer to sell shall be made more than one year after a final decision by the Board, but thereafter the owner may renew his or her request to approve the razing or demolition of the historic landmark, building, or structure. The time schedule for offers to sell shall be as follows:

1.

Three (3) months when the offering price is less than twenty-five thousand dollars ($25,000.00);

2.

Four (4) months when the offering price is twenty-five thousand dollars ($25,000.00) or more, but less than forty thousand dollars ($40,000.00);

3.

Five (5) months when the offering price is forty thousand dollars ($40,000.00) or more, but less than fifty-five thousand dollars ($55,000.00);

4.

Six (6) months when the offering price is fifty-five thousand dollars ($55,000.00) or more, but less than seventy-five thousand dollars ($75,000.00);

5

Seven (7) months when the offering price is seventy-five thousand dollars ($75,000.00) or more, but less than ninety thousand dollars ($90,000.00); and

6.

Twelve (12) months when the offering price is ninety thousand dollars ($90,000.00) or more.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Creation and membership: For the purpose of administering the requirements of this section, the Hanover County Architectural Review Board (ARB) is hereby established and shall consist of five (5) voting members who shall be residents of Hanover County and who shall have demonstrated a knowledge of and interest in the preservation of historical and architectural landmarks. Members shall be appointed by the Board for terms of four (4) years, except that the Board may elect to make any of the initial appointments for terms of less than four (4) years to provide for staggered terms of office. Each ARB member shall serve until a successor is appointed. An appointment to fill a vacancy shall be only for the unexpired term. At least two (2) members of the ARB shall have professional training or equivalent experience in architecture, history, architectural history, archaeology or planning.

(b)

Powers and duties: The presence of at least three (3) members of the ARB shall be required to conduct business, and all decisions shall be made by majority vote of those present. The ARB shall, from time to time, elect its officers and shall adopt rules of procedure consistent with this Ordinance or with state law. The ARB:

1.

Shall hear and decide all applications for certificates of approval;

2.

May review and make advisory recommendations on all applications for conditional use permits, special exceptions, and variances proposed within an HPO District;

3.

May propose the establishment of additional Historic Preservation Overlay Districts, and revisions to existing HPO Districts; and

4.

Shall make annual reports to the Board reviewing the activities of the previous year.

(Ord. No. 12-08, § 3, 1-9-13)

In furtherance of the purpose of Historic Preservation Overlay districts, the following districts have been created:

1.

Old Courthouse Historic Overlay District.

2.

Courthouse Transition Historic Overlay District.

3.

Laurel Meadow.

4.

Doswell-Darnell's Store (changed to Village of Doswell).

5.

Montpelier-Dr. Stanley's Office.

6.

Sharps.

7.

Flanningan Mill.

8.

Scotchtown.

9.

Church View.

10.

Norway and Isabell's Store.

11.

Doswell School.

12.

Beaverdam Motor Company and Tri-County Bank.

13.

Polegreen Church.

The regulations for these districts, other than the Old Courthouse Historic Overlay and the Courthouse Transition Historic Overlay districts, are not codified within this Ordinance. The zoning administrator shall maintain copies of the applicable regulations for these districts.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-07, § 1, 11-13-13)

The Old Courthouse Historic Overlay District ("Old Courthouse District") is established to protect, restore and preserve the architectural and historical integrity of existing structures, to prevent the intrusion of environmental influences adverse to such purposes and to assure new structures, additions, or changes will be in keeping with the character of the Historic District.

(Ord. No. 12-08, § 3, 1-9-13)

There is hereby created in the county an overlay historic district to be known as the "Old Courthouse District," the boundaries of which are set forth on the County's official zoning map.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Certificate of approval required: No historic landmark, structure, building or improvement, including signs, or significant landscape features surrounding such building, structure or improvement located on any land within the Old Courthouse District shall be erected, reconstructed, substantially altered, moved, razed, destroyed or restored nor shall land disturbing activities be conducted within the Old Courthouse District until the plans for such shall have been approved by the ARB, and a Certificate of Approval issued. This requirement shall not apply to regular maintenance functions but shall apply to reconstruction, alteration or restoration. The repainting of a structure or building which results in the change of color of said structure or building or a substantial portion thereof shall be deemed an alteration and not regular maintenance, and the term "signs" shall be deemed to include those located within a building or structure which are plainly visible from a public street, way or place.

(b)

Waiver for certain reconstruction or restoration and buildings used primarily for agricultural or horticultural purposes: The ARB may, after reviewing the application in any case involving only reconstruction or restoration, waive part or all of the requirements of paragraph (a) of this section, upon a written finding that the application involves reconstruction or restoration only, will not materially affect the exterior appearance of the structure, and will not have an adverse impact on the character of the historic site. The ARB may, after reviewing the application in any case involving only buildings primarily used or to be used for agricultural or horticultural purposes, waive part or all of the requirements of paragraph (a) of this section upon a written finding that the requested change will not have an adverse impact on the character of the historic site or the district. This decision of waiver shall constitute a final decision of the ARB and shall be appealable to the Board.

(Ord. No. 12-08, § 3, 1-9-13)

Certain specific land uses and construction activities which are deemed not to permanently affect the character of the Old Courthouse District are exempted from review. Such actions shall include the following and any similar actions which, in the opinion of the ARB, will have no more effect on the character of the district than those listed:

1.

Addition or deletion of storm windows and doors, window gardens, temporary canopies, window air conditioners, or similar appurtenances.

2.

Addition or deletion of television or radio antennas, skylights, or solar collectors in locations not visible from a public street.

3.

Landscaping involving minor grading, walks, low retaining walls, temporary fencing, small fountains, ponds, and the like, which will not substantially affect the character of the property and its surroundings.

4.

Off-street loading areas and off-street parking areas containing ten (10) spaces or less in a business or industrial district.

5.

Except for the following enumerated signs, all signs exempted by section 26-273 from the provisions of the general sign regulations shall be exempt from review:

a.

Official traffic signs outside state rights-of-way;

b.

Bulletin boards, poster boards, display encasements and marquees, including any change in their color or design once they are approved;

c.

Construction signs as to their color, location and size;

d.

Non-illuminated signs and awnings;

e.

No trespassing signs as to their color and size;

f.

Temporary, non-illuminated portable signs;

g.

Temporary, non-illuminated or indirectly illuminated public, semipublic, or civic event signs;

h.

Directional signs as to their size and color.

(Ord. No. 12-08, § 3, 1-9-13)

The following uses shall be permitted in this district:

1.

Inns, theaters and dinner theaters.

2.

Single-family dwelling units.

3.

Restaurants (not to include drive-in).

4.

Outdoor festivals and events.

5.

Nonaccessory tents for special purposes; provided the tents shall not be used for a period exceeding seven (7) months per calendar year; provided, no tent shall be erected for more than seven (7) consecutive months.

6.

Retail space.

7.

Catering or delicatessen business.

8.

Hotel.

9.

Office, general business or professional.

10.

Artist studio.

11.

School or classroom.

12.

Institutions, educational or philanthropic, including museums, art galleries and libraries.

13.

Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways, and playgrounds

14.

Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, substations and transmission lines.

(Ord. No. 12-08, § 3, 1-9-13)

Applicable development standards shall be those of the zoning district in which the HPO district is located, except as modified as follows:

1.

There shall be no thoroughfare buffer requirements.

2.

There shall no minimum requirement or design standards for off-street parking spaces.

3.

Joint use parking facilities or parking on a separate lot, or both, are permitted for properties that are located within the Old Courthouse and the Courthouse Transition Historic Overlay Districts (division 9, below), provided:

a.

The uses shall be of such a nature that major parking demands occur on different days of the week or during different hours and, because of alternative parking demands, adequate parking spaces will be generally available for each use.

b.

Joint use parking facilities or off-site parking will not impair the adequate supply of light or air to adjacent property or unreasonably increase the congestion on public roads, endanger the public safety, diminish or impair established property values in the surrounding area, or in any other respect impair the health, safety, comfort and welfare of the inhabitants of the county.

c.

The uses for which parking facilities are shared are compatible and reasonably related to each other.

d.

A copy of the recorded easement, lease, or other permission authorizing such joint use parking is provided to the County prior to such use.

4.

Lighting shall be provided for all off-street parking spaces that are used during hours of darkness in accordance with division 6 of article 5; provided, the Director of Planning may establish a reduced minimum foot-candle level that must be provided for all areas of parking lots, driveways and pedestrian access to and through parking areas. The Director shall make any such determination after considering the standards used in other historic districts throughout the state that are deemed appropriate for providing safety while maintaining the historic, architectural or cultural significance of the site. After installation of the lighting, the property owner shall ensure that the minimum light level is maintained at all times.

5.

Lot area requirements:

a.

Minimum lot area: The minimum lot area shall be the existing lot size at the time of ordinance adoption or the lot size permitted by the underlying zoning, whichever is less.

b.

Minimum lot width: The minimum lot width shall be the existing lot size at the time of ordinance adoption or the width permitted by underlying zoning, whichever is less.

6.

Minimum yard requirements:

a.

Front: The required front yard shall be such yard existing with the current structure or as permitted by the underlying zoning, whichever is less.

b.

Side: Side yard shall be such yard existing with the current structure or as permitted by the underlying zoning, whichever is less.

c.

Rear: Rear yard shall be such yard existing with the current structure or as permitted by the underlying zoning, whichever is less.

7.

Maximum building height: Thirty-five (35) feet, but not more than three (3) stories above grade.

8.

An approved site plan shall be required prior to issuance of any permits for the uses listed in section 26-229. All site plans required by this section shall be reviewed by the zoning administrator.

(Ord. No. 12-08, § 3, 1-9-13)

The Courthouse Transition Historic Overlay District ("Courthouse Transition District") is established to encourage the protection, restoration and preservation of the architectural and historical integrity of existing structures, to prevent the intrusion of environmental influences adverse to such purposes and to assure new structures, additions, or changes within the designated transition area will be in a manner which complements the character, scale, siting and design of the Old Courthouse Historic District.

(Ord. No. 12-08, § 3, 1-9-13)

There is hereby created in the County an overlay district to be known as the "Courthouse Transition District" the boundaries of which are set forth on the County's official zoning map.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Certificate of Approval required for building permit: The Director shall not issue a building permit for the erection, reconstruction, exterior alteration or restoration of any building or structure in the Courthouse Transition District, until the issuance of the same has been approved by the ARB by issuance of a Certificate of Approval. In addition, the Director shall not issue a building permit for the demolition, razing, relocation or moving of any officially designated historic landmark, building or structure in the Courthouse Transition District until approved by the ARB, except where the building permit application indicates no change to the exterior.

(b)

Painting: Previously unpainted masonry structures shall require a Certificate of Approval. The repainting of all other structures or portions of structures (shutters, doors, trim) shall not require a Certificate of Approval.

(c)

Waiver for certain buildings used primarily for agricultural or horticultural purposes: The ARB may, after reviewing the application in any case involving only buildings primarily used or to be used for agricultural or horticultural purposes, waive the requirements of paragraph (a) of this section upon a written finding that the requested change will not have an adverse impact on the character of the historic site or the district.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

All uses permitted by right and as permitted by conditional use permit in the underlying zoning district.

(b)

The following additional uses shall be permitted where the underlying zoning is A-1, B-0, B-1, B-2, B-3, or OS:

1.

Single-family or two-family dwelling units shall be permitted in association with permitted office or business use in the same building or on the same premises;

2.

Single-family dwelling units shall be permitted by right;

3.

Two-family dwellings shall be permitted by right.

(c)

Outdoor festivals and events shall be permitted by right;

(d)

Nonaccessory tents for special purposes shall be permitted by right; provided the tents shall not be used for a period exceeding seven (7) months per calendar year; provided, no tent shall be erected for more than seven (7) consecutive months.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Lot area requirements:

(1)

Minimum lot area: The minimum lot area shall be the existing lot size at the time of ordinance adoption or the lot size permitted by the underlying zoning, whichever is less.

(2)

Minimum lot width: The minimum lot width shall be the existing lot size at the time of ordinance adoption or the width permitted by underlying zoning, whichever is less.

(b)

Minimum yard requirements:

(1)

Front: The required front yard shall be such yard existing with the current structure or as permitted by the underlying zoning, whichever is less.

(2)

Side: Side yard shall be such yard existing with the current structure or as permitted by the underlying zoning, whichever is less.

(3)

Rear: Rear yard shall be such yard existing with the current structure or as permitted by the underlying zoning, whichever is less.

(Ord. No. 12-08, § 3, 1-9-13)

This division is adopted to satisfy the requirements of the National Flood Insurance Program (NFIP).

The purpose of these provisions is to prevent the loss of life, health, 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:

(1)

Regulating uses, activities and development which, alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies;

(2)

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

(3)

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

(4)

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

(Ord. No. 24-02, § 10, 5-22-24)

The boundaries of the district shall be the boundaries of the Special Flood Hazard Area (SFHA), as shown on the Flood Insurance Rate Map (FIRM) and described in section 26-235.15.

(Ord. No. 24-02, § 10, 5-22-24)

Notwithstanding the provisions of section 26-6, the following definitions shall apply to the Flood Hazard Overlay District:

Accessory building or accessory structure. A non-residential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures are not to exceed 600 square feet.

A Zone. The A Zone shall be as defined in section 26-235.15(3).

AE Zone. The AE Zone shall be as defined in section 26-235.15(2).

AO Zone. The AO Zone shall be as defined in section 26-235.15(4).

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year. This is also referred to as the 100-year flood.

BFE (Base flood elevation). The FEMA designated one percent annual chance water surface elevation and the elevation determined per section 26-235.15(3). The water surface elevation of the base flood in relation to the datum specified on the county's FIRM.

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

Board of zoning appeals (BZA). The board of zoning appeals as established in Article IIA of Chapter 2 of Hanover County Code.

Building. See the definition for "structure."

Community or County. Hanover County, Virginia.

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

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).

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

Existing construction. Structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975 for FIRMs effective before that date. Existing construction may also be referred to as an "existing structure" or "pre-FIRM."

FEMA. Federal Emergency Management Agency.

Flood or flooding.

(a)

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

(1)

The overflow of inland or tidal waters;

(2)

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

(3)

Mudflows which are proximately caused by flooding as defined in paragraph (a)(2) 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.

(b)

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 (a)(l) of this definition.

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

FIS (Flood Insurance Study). 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.

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

Floodplain administrator. The county administrator or his designee.

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

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.

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. When freeboard is included in the height of a structure, the flood insurance premiums may be less expensive.

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

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

Historic structure. Any structure that is:

(a)

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

(b)

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

(c)

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

(d)

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

(1)

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

(2)

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

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

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

(a)

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

(b)

LOMR (Letter of map revision). A revision based on technical data that may show changes to flood zones, flood elevations, floodplain, and floodway delineations and planimetric features.

(c)

LOMR-F (Letter of map revisions based on fill). 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 this division and the Zoning Ordinance.

(d)

CLOMR (Conditional letter of map revision). A formal review and comment by FEMA as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective FIRM or FIS.

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

Lowest floor. The lowest floor of the lowest enclosed area including basement. An unfinished or flood-resistant enclosure, usable solely for vehicle parking, 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 44 C.F.R. § 60.3.

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. Manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days, but does not include a recreational vehicle.

Manufactured home park or subdivision. A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale.

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

New construction. For the purposes of determining insurance rates and floodplain management, new construction means structures for which the start of construction commenced on or after September 2, 1981, and includes any subsequent improvements to such structures.

NFIP. National Flood Insurance Program.

Permit. A building permit or a land disturbance permit issued by the County.

Post-FIRM structures. A structure for which construction or substantial improvement occurred on or after September 2, 1981.

Pre-FIRM structures. A structure for which construction or substantial improvement occurred before September 2, 1981.

Principal building or structure. A structure that contains or is intended to contain a principal use.

Recreational vehicle. A vehicle which is:

(i)

Built on a single chassis;

(ii)

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

(iii)

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

(iv)

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

Repetitive loss structure. A building covered by a flood insurance contract that incurred flood-related damages on two (2) occasions during a ten-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded twenty-five (25) percent of the market value of the building at the time of each flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

Severe repetitive loss structure. A structure that:

(a)

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

(b)

Incurred flood related damage:

(i)

For which four (4) or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding five thousand dollars ($5,000.00), and with the cumulative amount of such claims' payments exceeding twenty thousand dollars ($20,000.00); or

(ii)

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.

Shallow flooding area. A special flood hazard area with base flood depths from one to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

SFHA (Special flood hazard area). The land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined under section 26-235.15.

Start of construction. For other than new construction and substantial improvement, under the Coastal Barriers Resource Act (P.L. 97-348), means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start of construction 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:

(i)

Land preparation, such as clearing, grading and filling;

(ii)

The installation of streets and/or walkways;

(iii)

Excavation for a basement, footings, piers or foundations, or the erection of temporary forms; or

(iv)

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.

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

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred; or flood-related damages sustained by a structure on two (2) occasions in a ten-year period, in which the cost of the repair, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure at the time of each such flood event.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, when added to any reconstruction, rehabilitation, addition, or other improvement of a structure made during a rolling five-year period, the total cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred repetitive loss or substantial damage regardless of the actual repair work performed. The term does not however include:

(i)

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;

(ii)

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

(iii)

Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement, must comply with all requirements of this division that do not preclude the structure's continued designation as a historic structure. Documentation that a specific 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 this division's requirements shall be the minimum necessary to preserve the historic character and design of the structure.

USBC. The Virginia Uniform Statewide Building Code.

Variance means a grant of relief by the BZA from the terms of a flood plain management regulation.

Violation. The failure of a structure or other development to comply with this division. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required under this division is presumed to be in violation until such time as the required documentation is provided to the floodplain administrator.

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. No. 24-02, § 10, 5-22-24)

These provisions shall apply to all privately and publicly owned lands within the jurisdiction of the county and identified as areas of special flood hazard identified by the county or shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to the county by FEMA. The provisions of this article shall not apply within the Town of Ashland.

(Ord. No. 24-02, § 10, 5-22-24)

(1)

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

(2)

The degree of flood protection sought by this division is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Flood elevations may increase by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This division does not imply that areas outside the Flood Hazard Overlay District or land uses permitted within such district will be free from flooding or flood damages.

(3)

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

(Ord. No. 24-02, § 10, 5-22-24)

Records of actions associated with administering this division shall be kept on file and maintained by or under the direction of the floodplain administrator in perpetuity.

(Ord. No. 24-02, § 10, 5-22-24)

(1)

The regulations contained in this division take precedence over any less restrictive conflicting local laws, ordinances, or codes.

(2)

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

(Ord. No. 24-02, § 10, 5-22-24)

The floodplain administrator is appointed to administer and implement this chapter. The floodplain administrator may:

(1)

Do the work themselves.

(2)

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

(3)

Enter into a written agreement or written contract with another locality or private sector entity to administer specific provisions of this division. Administration of any part of this division by another entity shall not relieve the county of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program (NFIP) as set forth in 44 C.F.R. § 59.22.

(Ord. No. 24-02, § 10, 5-22-24)

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

(1)

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

(2)

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

(3)

Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of this division.

(4)

Review applications to determine whether all necessary permits have been obtained from federal, state or county departments or 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 or structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free-flowing non-tidal waters of the state.

(5)

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

(6)

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).

(7)

Approve applications and issue permits to develop in flood hazard areas if the provisions of this division are met, or disapprove applications if the provisions of this division are not met.

(8)

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

(9)

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

(10)

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 the county, within six (6) months after such data and information becomes available if the analyses indicate changes in base flood elevations.

(11)

Maintain and permanently keep records that are necessary for the administration of this division, including:

a.

Flood insurance studies, FIRMS (including historic studies and maps and current effective studies and maps), and LOMC; and

b.

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

(12)

Enforce this division, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.

(13)

Advise the BZA regarding the intent of this division and, for each variance application, prepare a staff report and recommendation.

(14)

Administer the requirements related to proposed work on existing buildings.

a.

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

b.

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

(15)

Undertake 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 county departments and 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.

(16)

Notify FEMA when the jurisdictional boundaries of the county have been modified and:

a.

Provide a map that clearly delineates the new boundaries or the new area for which the authority to regulate pursuant to this division has either been assumed or relinquished through annexation; and

b.

If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in this division, prepare amendments to this division to adopt the FIRM and appropriate requirements, and submit the amendments to the board of supervisors for its consideration; such consideration shall take place at the same time as or prior to the date of annexation and a copy of the amended ordinance shall be provided to Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

(17)

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.

(18)

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 jurisdiction of the county, whether or not those hazards are specifically delineated geographically (e.g., via mapping or surveying).

(Ord. No. 24-02, § 10, 5-22-24)

Interpretations of the boundaries of the Flood Hazard Overlay District, including special flood hazard areas, floodplain boundaries, and floodway boundaries, shall be made by the floodplain administrator. Should a dispute arise concerning the boundaries of the Flood Hazard Overlay District, the BZA shall make the necessary determination. Any person who disputes the location of the district boundary shall be given a reasonable opportunity to present the case to the BZA and to submit technical evidence if so desired.

The following principles shall apply to the use and interpretation of FIRMs and data:

(1)

Where field surveyed topography indicates that adjacent ground elevations:

a.

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

b.

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

(2)

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

(3)

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

(4)

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

(5)

If a preliminary FIRM or a preliminary flood insurance study is provided by FEMA:

a.

Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided by FEMA for the purposes of administering this division.

b.

Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to section 26-235.15(3) and used where no base flood elevations or floodway areas are provided on the FIRM.

c.

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

(Ord. No. 24-02, § 10, 5-22-24)

(1)

The county floodplain provisions in effect on the date of annexation or a boundary adjustment shall go into effect and shall be enforced by the county for all areas added to the jurisdiction of the county upon the effective date of the annexation or boundary adjustment.

(2)

The floodplain administrator shall notify FEMA and the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) in writing whenever the boundaries of the county are modified by annexation or boundary adjustment or the county otherwise assumes or is no longer authorized to adopt and enforce floodplain management regulations for a particular area. Such written notification shall include a copy of a map of the county suitable for reproduction, clearly delineating the new jurisdictional limits or new area for which the county assumes or relinquishes floodplain management regulatory authority.

(Ord. No. 24-02, § 10, 5-22-24)

Upon FEMA approval, the delineation of the SFHAs may be revised by the county where natural or manmade changes have occurred, 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.

(Ord. No. 24-02, § 10, 5-22-24)

The county's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but no later than six (6) months after the date such information becomes available, the floodplain administrator shall notify FEMA of the changes by submitting technical or scientific data.

(Ord. No. 24-02, § 10, 5-22-24)

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 CLOMR and then a LOMR. The following are examples of when such notification must occur:

(1)

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

(2)

Any development occurring in Zone A and AE without a designated floodway, which will cause a rise of more than one (1) foot in the base flood elevation.

(3)

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

(Ord. No. 24-02, § 10, 5-22-24)

The basis of delineation of SFHAs shall be the FIRM and FIS for the county prepared by the FEMA, dated June 20, 2024, and any subsequent revisions or amendments.

In the event that the county identifies and regulates 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 highwater marks, or approximate study methodologies.

The boundaries of the SFHA are established as shown on the FIRM, which is incorporated into and made a part of this division and which shall be kept on file in the office of the floodplain administrator.

(1)

The floodway is in an AE Zone (defined in subsection (2) herein) and is delineated, for purposes of this division, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one (1) percent annual chance flood without increasing the water surface elevation of that flood by more than one foot at any point. The areas included in this district are specifically defined in Table 23 of the above-referenced FIS and shown on the accompanying FIRM.

The following shall apply within the floodway 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 analysis, performed in accordance with standard engineering practice, that the proposed encroachment will not result in any increase in flood levels within the county during the occurrence of the base flood. 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, or computations shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies with the county's endorsement for a CLOMR, and receives FEMA approval.

If section 26-235.15(1)(a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of sections 26-235.16, 26-235.17, and 26-235.18.

b.

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

(2)

The AE Zone shall be those areas for which the FIRM and the FIS have established one (1) percent annual chance flood elevations. The following provisions shall apply within an AE Zone where the floodway has not been delineated:

a.

Along rivers, streams, and other watercourses where FEMA has provided base flood elevations, until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zone AE 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 (1) foot at any point within the county.

b.

Development activities in Zone AE on the county's FIRM 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 county's endorsement, for a CLOMR, and receives the approval of FEMA.

(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 (1) percent annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply:

The approximated floodplain shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 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 (1) percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U.S. Anny Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development or activity shall determine 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, or computations shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

The floodplain administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus one (1) foot.

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 was flood-proofed in accordance with this division, 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 less.

(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:

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 (2) feet above the highest adjacent grade.

b.

All new construction and substantial improvements of nonresidential structures shall:

1.

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 (2) feet above the highest adjacent grade; or

2.

Together with attendant utility and sanitary facilities be completely floodproofed 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.

(5)

The mapped floodplain includes all of the above regions and also the regions designated as having a 0.2 percent annual chance of flooding on a flood map or flood insurance study. In the mapped floodplain, no emergency service, medical service, governmental records storage shall be allowed except by exceptions using the variance process.

(Ord. No. 24-02, § 10, 5-22-24)

(1)

The Flood Hazard Overlay District shall be an overlay to the existing underlying zoning districts as shown on the county's zoning map. As such, the provisions for the Flood Hazard Overlay District shall serve as a supplement to the underlying zoning district provisions.

(2)

If there is any conflict between the provisions or requirements of the Flood Hazard Overlay District and those of any underlying zoning district, the more restrictive provisions shall apply.

(3)

If any provision concerning the Flood Hazard Overlay District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

(Ord. No. 24-02, § 10, 5-22-24)

(1)

Permit requirement.

a.

All uses, activities and development occurring within any Flood Hazard Overlay District, including placement of manufactured homes, shall be undertaken only upon the issuance of a permit.

b.

Such development shall be undertaken only in strict compliance with this division and with all other applicable codes and ordinances, including, but not limited to, USBC and Chapter 25 of the Hanover County Code. 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.

c.

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

(2)

Site plans and permit applications. All applications for development within any Flood Hazard Overlay District and all building permits issued for the floodplain shall incorporate the following information:

a.

The elevation of the base flood at the site.

b.

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

c.

For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.

d.

Topographic information showing existing and proposed ground elevations at the datum of the FIRM.

(Ord. No. 24-02, § 10, 5-22-24)

The following shall apply to all permits:

(1)

New construction and substantial improvements shall be according to section 26-235.15 and the USBC, and anchored to prevent flotation, collapse or lateral movement of the structure. In addition to the USBC requirements, structures shall have the lowest floor, including basement, elevated to or above the base flood level plus one (1) foot.

(2)

Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Anchoring methods 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.

(3)

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

(4)

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

(5)

Electrical systems, equipment and components; heating, ventilation, air conditioning; plumbing appliances and plumbing fixtures; duct systems; and other service equipment shall be located at or above the base flood level plus one (1) foot. If replaced as part of a substantial improvement, electrical systems, equipment and components; heating, ventilation, air conditioning and plumbing appliances and plumbing fixtures; duct systems; and other service equipment shall meet the requirements of this division. Systems, fixtures, and equipment and components shall not be mounted on or penetrate through walls intended to break away under floods.

The following shall not be subject to the provisions of this subsection: Locating electrical systems, equipment and components; heating, ventilating, air conditioning; plumbing appliances and plumbing fixtures; duct systems; and other service equipment is permitted below the base flood level provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the design flood elevation in accordance with American Society of Civil Engineers Standard 24. Electrical wiring systems are permitted to be below the required elevation provided they conform to the provisions of the electrical part of the USBC for wet locations, as adopted by the county.

(6)

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

(7)

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

(8)

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

In addition to subsections (1) through (8) of this section in all special flood hazard areas, [these] additional provisions shall apply:

(9)

For special flood hazard areas, the following additional provisions shall apply:

(i)

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

(ii)

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

(Ord. No. 24-02, § 10, 5-22-24)

In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with section 26-235.15(3), the following provisions shall apply:

a.

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in Zones AE and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus one (1) foot. The requirements in the AO Zone are set forth in subsections (4) and (5) of section 26-235.15. Recreational amenities constructed in residential developments such as tennis courts, basketball courts, and similar court facilities, sports fields, tot lots, and playgrounds shall meet the same elevation requirement as for residential construction contained in this subsection.

b.

Nonresidential construction. New construction or substantial improvement of any commercial, industrial or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus one (1) foot. The requirements for the AO Zones are set forth in subsections (4) and (5) of section 26-235.15. Buildings located in all AE and A Zones may be floodproofed in lieu of being elevated, provided that all areas of the building components below the elevation corresponding to the BFE plus one (1) foot are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by floodplain administrator.

c.

Space below the lowest floor. In Zones A, AE, and AO, 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 vehicle parking, 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 vehicle parking (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator);

2.

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

3.

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

(i)

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

(ii)

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;

(iii)

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

(iv)

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

(v)

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

(vi)

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

d.

Accessory structures. Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of section 26-235.19(b) or, if not elevated or dry floodproofed, shall:

1.

Not be used for human habitation;

2.

Be limited to no more than six hundred (600) square feet in total floor area;

3.

Be useable only for parking of vehicles or limited storage;

4.

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

5.

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

6.

Be anchored to prevent flotation;

7.

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

8.

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 structure 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.

9.

A signed Declaration of Land Restriction (Non-Conversion Agreement) shall be recorded with respect to the property in the land records of Hanover County Circuit Court.

e.

Standards for manufactured homes and recreational vehicles.

1.

All manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction, including the elevation and anchoring requirements in sections 26-235.18 and 26-235.19.

2.

All recreational vehicles placed on sites must either:

(i)

Be on the site for fewer than one hundred eighty (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

(ii)

Meet all the requirements for manufactured homes in section 26-235.19(e)(1).

(Ord. No. 24-02, § 10, 5-22-24)

(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 to reduce exposure to flood hazards.

(4)

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

(Ord. No. 24-02, § 10, 5-22-24)

A structure or use of a structure or premises which lawfully existed before May 22, 2024, but which is not in conformity with this division, 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 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 USBC and the applicable provisions of this division; and the modification, alteration, repair, reconstruction or improvement of any kind to a structure or use located in any floodplain areas, when added to all of the modifications, repairs, reconstruction or improvements made during a rolling five-year period shall not constitute fifty (50) percent of the structure's value.

(3)

The modification, alteration, repair, reconstruction or improvement of any kind to a structure 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 or a substantial improvement shall be undertaken only in compliance with this division and shall require the entire structure to conform to the USBC.

(Ord. No. 24-02, § 10, 5-22-24)

(1)

Variances shall be issued only upon:

(i)

A showing of good and sufficient cause;

(ii)

After the BZA determines that failure to grant the variance would result m exceptional hardship to the applicant; and

(iii)

After the BZA determines that the granting of such variance:

(a)

Will not result in unacceptable or prohibited increases in flood heights;

(b)

Will not result in additional threats to public safety;

(c)

Will not result in extraordinary public expense;

(d)

Will not create nuisances;

(e)

Will not cause fraud or victimization of the public; or

(f)

Will not conflict with Hanover County Code.

(2)

While the granting of variances generally is limited to a lot size less than one-half (½) acre, deviations from that limitation may be granted. However, as the lot size increases beyond one-half (½) acre, the technical justification required for issuing a variance increases. Variances may be issued by the BZA for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with this division.

(3)

The BZA may issue variances 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 division 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.

(4)

In considering variance applications, the BZA shall consider all relevant provisions of this chapter and the following 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 that will cause any increase in the 100-year 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 owner(s).

e.

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

f.

The requirements of the facility for a waterfront location.

g.

The availability of alternative locations that are not subject to flooding.

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 county.

j.

The safety of access by ordinary and emergency vehicles to the property during a flood.

k.

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

l.

The historic nature of a structure. The BZA may grant variances for 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.

m.

No variance shall be granted for an accessory structure exceeding six hundred (600) square feet.

n.

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

(5)

The BZA may refer any application and accompanying documentation pertaining to any variance request to an 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.

(6)

Variances shall be issued only after the BZA determines that the granting of a variance:

(a)

Will not result in unacceptable or prohibited increases in flood heights;

(b)

Will not result in additional threats to public safety;

(c)

Will not result in extraordinary public expense;

(d)

Will not create nuisances;

(e)

Will not cause fraud or victimization of the public; or

(f)

Will not conflict with local laws or ordinances.

(7)

The BZA may issue a variance after it determines that the variance will be the minimum required to provide the requested relief.

(8)

The BZA shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the 100-year flood elevation: (a) increases the risks to life and property; and (b) will result in increased premium rates for flood insurance.

(9)

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 the BZA issues shall be noted in the annual or biennial report submitted to the FEMA.

(Ord. No. 24-02, § 10, 5-22-24)