Hillsville City Zoning Code
ARTICLE VII
Establishment and Purpose of Districts
§ 171-33 Districts established; purpose.
In order to implement all purposes and provisions of this chapter, the lands within the corporate limits of the Town of Hillsville, Virginia, are divided into the following districts, the purposes of which are as follows.
§ 171-34 A-1 Agricultural/Residential District.
The A-1 Agricultural/Residential District includes the sparsely developed land of the town in which the principal use is currently used for low-density agricultural and residential purposes. The regulations of this district are designed to protect the agricultural sections of the community from an influx of uses likely to render them undesirable for farms and future development. The district is primarily a transitional agricultural area. This zone is established for the specific purpose of:
A.
Providing for the orderly expansion of urban development into predominantly agricultural territory within the incorporated areas.
B.
Confining such development to such locations as can feasibly be supplied urban-type facilities.
C.
Discouraging the random scattering of residential, commercial and industrial uses into the area.
§ 171-35 Residential districts.
A.
The residential districts established in this chapter are designed to promote and protect the health, safety and general welfare by encouraging the following goals for growth:
(1)
Provide sufficient space in appropriate locations for residential developments to adequately meet the housing needs of the present and expected future population and provide a variety of choices in site selections.
(2)
Permit improved movement on the public ways and effectively utilize existing public ways and, as far as possible, mitigate the effects of heavy traffic and, more particularly, all through traffic in residential areas.
(3)
Protect residential areas against flood, fire, explosions and other dangers and objectionable influences.
(4)
Protect residential areas against undue congestion, as far as possible, by regulating the density of population, the intensity of activity and the bulk of buildings in relation to the surrounding land and to one another, and by providing for off-street parking spaces for automotive vehicles.
(5)
Provide for access of light and air to windows and for privacy, as far as possible, by controls over the height of buildings and structures.
(6)
Provide appropriate space for public and private educational, religious, recreational and similar facilities and public utilities which serve the needs of nearby residents and which do not create objectionable influences; and coordinate the intensity of residential land use with the appropriate community facilities.
(7)
Provide the most desirable use of land in accordance with the Comprehensive Plan in order to protect the character of residential neighborhoods, conserve the value of land and buildings and protect the community's tax revenues.
B.
Medium-Density Residential District. This district is designed to provide suitable areas for medium-density residential development in areas where necessary community services and facilities are provided or where the extension of these facilities is physically and economically feasible. This district will be characterized generally by single-family dwellings with other type dwellings located where community services and facilities are adequate to meet all demands. This district also includes community facilities, public utilities and open spaces which serve the residents of these districts. It is the express purpose of this chapter to exclude in this district all buildings or other structures and uses having commercial characteristics, whether operated for profit or otherwise, except that conditional uses and home occupations specifically provided for in these regulations shall be permitted if they otherwise conform to the provisions of this chapter.
C.
Multifamily Residential District. This district is designed to provide suitable areas for high-density residential development where necessary community services and facilities are available or where the extension of these facilities is physically and economically feasible. It is the intent of this district to allow multiple dwelling units in a building, provided that there is sufficient lot area and open space in the lot relative to the number of dwelling units. This district also includes community facilities, public utilities and open spaces which serve the residents of the district. It is the express purpose of this chapter to exclude from the district all buildings or other structures and uses having commercial characteristics, whether operated for profit or otherwise, except that conditional uses and home occupations specifically provided for in these regulations shall be permitted if they otherwise conform to the provisions of this chapter.
D.
MHP Mobile Home Park Residential District. This district is designed to provide suitable areas for mobile home park residential development where appropriate community services and facilities are provided or where the extension of such facilities will be physically and economically feasible. This district will be characterized by single-family mobile home dwellings in mobile home parks, and accessory structures. This district will also include community facilities, public utilities and open spaces which serve the residents of the district. Home occupations specifically provided for in these regulations shall be permitted if they otherwise conform to the provisions of this chapter.
§ 171-36 Commercial districts.
A.
The commercial districts established by this chapter are designed to promote and protect the health, safety and general welfare by encouraging the following goals for growth:
(1)
Provide sufficient space for the many and diverse types of commercial activity needed to serve the people and industry of Hillsville.
(2)
Promote the improvement and orderly growth of the existing well-located commercial centers.
(3)
Protect adjacent residential areas from offensive and detrimental influences.
(4)
Promote the most efficient and desirable land use.
B.
NC Neighborhood Commercial District. This district is designed to provide a limited variety of goods and services for the immediate residential neighborhood. It is not intended that this district permit uses which generate large volumes of traffic. Adequate buffers and appropriate open spaces between commercial and residential areas are required to protect the integrity of residential neighborhoods.
C.
CC Core Commercial District. This district is designed to provide for a wide range of retail, office, amusement and service uses normally found in a central business district. High intensity of use is permitted in this district, and increased building bulk is provided as a means of encouraging such development. This district is intended to be designed in a manner conducive to and safe for a high volume of pedestrian traffic.
D.
GC General Commercial District. This district is designed to provide adequate space in appropriate locations for the establishment of a wide variety of uses, including commercial trades and services, entertainment facilities, offices and establishments engaged in wholesale trade. Since these activities tend to generate relatively large volumes of traffic and have other characteristics detrimental to residential districts, their locations should be removed from the proximity of residential districts as much as possible.
§ 171-37 Industrial District.
A.
The industrial district established by this chapter is designed to promote and protect the health, safety and general welfare by encouraging the following goals for growth:
(1)
Provide sufficient space in appropriate locations which are adequately served by community facilities to meet the needs for industrial expansion in Hillsville.
(2)
Encourage industrial development which is free from hazards to the public health and which is environmentally safe and nonpolluting.
(3)
Protect industrial activities against congestion, encroachment from incompatible land uses and other adverse characteristics.
(4)
Protect adjacent residential and commercial areas from incompatible land uses and offensive influences.
(5)
Promote the most efficient and desirable use of land.
B.
In accordance with these goals, this district is designed to provide space for a limited range of industrial uses which have high performance standards and the least objectionable characteristics. In this district all industrial operations shall be carried on within completely enclosed neighboring properties. Residential uses are excluded from this district. Only those community facility and commercial uses which are essential to provide needed services for industry are permitted in this district.
§ 171-37.1 L Landfill District.
[Added 5-10-2004]
The L Landfill District established by this chapter is designed to provide for the controlled and orderly disposal of waste from residents of the Town of Hillsville and surrounding areas by:
A.
Providing sufficient space in appropriate locations to meet the waste disposal needs of the residents of the Town and surrounding areas.
B.
Protecting adjacent residential and commercial areas from incompatible land uses, offensive influences and other adverse characteristics.
C.
Promoting the most efficient and desirable use of land.
§ 171-38 Floodplain zoning.
[Added 6-14-2004[1]; amended 6-9-2008]
A.
General provisions.
(1)
Purpose. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(a)
Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;
(b)
Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;
(c)
Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage; and
(d)
Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
(2)
Applicability. These provisions shall apply to all lands within the jurisdiction of Hillsville and identified as being in the one-hundred-year floodplain by the Federal Insurance Administration.
(3)
Compliance and liability.
(a)
No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this section and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this section.
(b)
The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that districts outside the floodplain district, or that land uses permitted within such district will be free from flooding or flood damages.
(c)
Records of actions associated with administering this section shall be kept on file and maintained by the Town Manager.
(d)
This section shall not create liability on the part of Hillsville or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
(4)
Abrogation and greater restrictions. This section supersedes any ordinance currently in effect in flood-prone districts. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this section.
(5)
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this section shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this section. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this section are hereby declared to be severable.
B. BASE FLOOD BASE FLOOD ELEVATION BASEMENT BOARD OF ZONING APPEALS DEVELOPMENT ELEVATED BUILDING ENCROACHMENT FLOOD or FLOODING(1) (2) FLOODPLAIN or FLOOD-PRONE AREA FLOODWAY FREEBOARD HISTORIC STRUCTURE(1) (2) (3) (4) LOWEST FLOOR MANUFACTURED HOME NEW CONSTRUCTION RECREATIONAL VEHICLE(1) (2) (3) (4) SHALLOW FLOODING AREA SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2) WATERCOURSE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The flood having a one-percent chance of being equaled or exceeded in any given year.
The Federal Emergency Management Agency designated one-hundred-year water surface elevation.
Any area of the building having its floor subgrade (below ground level) on all sides.
The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this section.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).
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.
The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) of this definition.
Any land area susceptible to being inundated by water from any source.
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 a designated height.
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.
Any structure that is
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
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;
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
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Federal Code 44 CFR 60.3.
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed one a site for greater than 180 consecutive days.
For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial Flood Insurance Rate Map on or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.
A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
The land in the floodplain subject to a one-percent or greater chance of being flooded in any given year as determined in Subsection C(2) of this section.
The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
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.
C.
Establishment of zoning districts.
(1)
Description of districts.
(a)
Basis of districts. The various floodplain districts shall include special flood hazard areas. The basis for the delineation of these districts shall be the Flood Insurance Study (FIS) and the Flood Insurance Rate Maps for Carroll County and the Town of Hillsville prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated August 28, 2008, as amended.
[1]
The Approximated Floodplain District shall be those areas identified as an A or A99 Zone on the maps accompanying the Flood Insurance Study. In these zones, no detailed flood profiles or elevations are provided, but the one-hundred-year floodplain boundary has been approximated.
[2]
The Shallow Flooding District shall be those areas identified as Zone AO or AH on the maps accompanying the Flood Insurance Study.
(b)
Overlay concept.
[1]
The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the Floodplain Districts shall serve as a supplement to the underlying district provisions.
[2]
If there is any conflict between the provisions or requirements of the Floodplain Districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the Floodplain Districts shall apply.
[3]
In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.
(2)
Official Zoning Map. The boundaries of the Special Flood Hazard Area and Floodplain Districts are established as shown on the Flood Boundary and Floodway Map and/or Flood Insurance Rate Map which is declared to be a part of this section and which shall be kept on file at the Town of Hillsville offices.
(3)
District boundary changes. The delineation of any of the Floodplain Districts may be revised by the Town of Hillsville where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.
(4)
Interpretation of district boundaries. Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the Districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.
D.
District provisions.
(1)
Permit and application requirements.
(a)
Permit requirement. All uses, activities, and development occurring within any Floodplain District shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of the section and with all other applicable codes and ordinances, such as the VA USBC, as amended, and the Town of Hillsville Subdivision Regulations.[2] Prior to the issuance of any such permit, the Zoning Officer shall require all applications to include compliance with all applicable state and federal laws.
(b)
Site plans and permit applications. All applications for development within any Floodplain District and all building permits issued for the floodplain shall incorporate the following information:
(2)
General standards. In all special flood hazard areas, the following provisions shall apply:
(a)
New construction and substantial improvements shall be according to the VA USBC, and shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(b)
Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.
(c)
New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(d)
New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(e)
Electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(f)
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(g)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
(h)
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(i)
Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this section shall meet the requirements of new construction as contained in this section.
(j)
Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this section shall be undertaken only if said nonconformity is not furthered, extended, or replaced.
(k)
In riverine situations, adjacent communities and the Department of Conservation and Recreation (Department of Floodplain Management) shall be notified prior to any alteration or relocation of a watercourse, and copies of such notifications shall be submitted to FEMA.
(l)
The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.
(3)
Specific standards. In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated according to Subsection D(4)(a), the following provisions shall apply:
(a)
Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than two feet above the base flood elevation.
(b)
Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or non-residential building (or manufactured home) shall have the lowest floor, including basement, elevated to no lower than two feet above the base flood elevation. Buildings located in all A1-30, AE, and AH zones may be floodproofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus one 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.
(c)
Elevated buildings. Enclosed areas of new construction or substantially improved structures which are below the regulatory flood protection elevation shall:
[1]
Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas.
[2]
Be constructed entirely of flood-resistant materials below the regulatory flood protection elevation.
[3]
Include, in Zones A, AO, AE, and A1-30, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:
[a]
Provide a minimum of two openings on different sides of each enclosed area subject to flooding.
[b]
The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.
[c]
If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.
[d]
The bottom of all required openings shall be no higher than one foot above the adjacent grade.
[e]
Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.
[f]
Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.
(d)
Standards for manufactured homes and recreational vehicles.
[1]
All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision in which a manufactured home has incurred substantial damage as the result of a flood, must meet all the requirements for new construction, including the elevation and anchoring requirements in Subsection D(2)(a) and (b) and D(3)(a).
[2]
Elevation and anchoring.
[a]
All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision in which a manufactured home has not incurred substantial damage as the result of a flood must be elevated so that either:
[b]
The lowest floor of the manufactured home is elevated no lower than two feet above the base flood elevation; or
[c]
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.
[d]
The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement.
[3]
All recreational vehicles placed on sites must either:
[a]
Be on the site for fewer than 180 consecutive days;
[b]
Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices and has no permanently attached additions); or
(4)
Standards for approximated floodplain. The following provisions shall apply within the approximate floodplain district:
(a)
When base flood elevation data or floodway data have not been provided, the Zoning Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or any other source, in order to administer the provisions of Subsection D. When such base flood elevation data is utilized, the Zoning Administrator shall obtain:
[1]
The elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures; and
(5)
Standards for the floodway. The following provisions shall apply within the floodway when it has been identified as in Subsection D(4)(a):
(a)
Encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. Development activities which increase the water surface elevation of the base flood be allowed, provided that the developer or applicant first applies – with Hillsville's endorsement – for a conditional Flood Insurance Rate Map and floodway revision, and receives the approval of the Federal Emergency Management Agency.
(c)
The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured homes (mobile homes) 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.
(6)
Standards for subdivision proposals.
(a)
All subdivision proposals shall be consistent with the need to minimize flood damage;
(b)
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(c)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and
(d)
Base flood elevation data shall be provided for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.
E.
Variance factors to be considered.
(1)
In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of the Zoning Ordinance and consider the following additional factors:
(a)
The showing of good and sufficient cause.
(b)
The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase in the one-hundred-year flood elevation.
(c)
The danger that materials maybe swept on to other lands or downstream to the injury of others.
(d)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(e)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(f)
The importance of the services provided by the proposed facility to the community.
(g)
The requirements of the facility for a waterfront location.
(h)
The availability of alternative locations not subject to flooding for the proposed use.
(i)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(j)
The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
(k)
The safety of access by ordinary and emergency vehicles to the property in time of flood.
(l)
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
(m)
The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(n)
Such other factors which are relevant to the purposes of this section.
(2)
The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for flood protection and other related matters.
(3)
Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights; additional threats to public safety; extraordinary public expense; and will not create nuisances; cause fraud or victimization of the public; or conflict with local laws or ordinances.
(4)
Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief from exceptional hardship to the applicant.
(5)
The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one-hundred-year flood elevation increases the risks to life and property; and will result in increased premium rates for flood insurance.
(6)
A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.
F.
Existing structures in floodplain areas. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:
(1)
Existing structures in the Floodway Area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation.
(2)
Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any flood plain areas to an extent or amount of less than 50% of its market value shall conform to the VA USBC.
(3)
The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area, to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with this section and shall require the entire structure to conform to the VA USBC.
[1]
Editor's Note: This ordinance also repealed former § 171-38, F-1 Flood Hazard District (overlay), as amended 11-11-1996.