18-1-1. Purpose. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the distribution of commerce and governmental services, and the prevention of extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base.

18-1-2. Applicability. These provisions shall apply to all lands within the jurisdiction of the Town of Lawrenceville and identified as being flood prone as stipulated in this ordinance.

18-1-3. Compliance. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations.

18-1-4. Definitions.

A.

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

B.

Base flood elevation. The Federal Emergency Management Agency designated 100-year water surface elevation.

C.

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

D.

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

E.

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

F.

Elevated building. 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).

G.

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.

H.

Existing manufactured home park or subdivision. A manufactured home park or Subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

I.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

J.

Flood or flooding.

1.

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

a.

The overflow of inland or tidal waters; or

b.

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

2.

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 paragraph 1.a. of this definition.

3.

Mudflows which are proximately caused by flooding as defined in paragraph 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.

K.

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

L.

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 a designated height.

M.

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.

N.

Historic structure. Any structure that is:

1.

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

2.

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

3.

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

4.

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

a.

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

b.

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

O.

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

P.

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

Q.

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

R.

New construction. 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.

S.

New manufactured home park or subdivision. A manufactured home park or Subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

T.

Recreational vehicle. A vehicle which is:

1.

Built on a single chassis;

2.

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

3.

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

4.

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

U.

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 in Article 3, Section 3-2 [subsection 18-3-2] of this ordinance.

V.

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

W.

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

X.

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

1.

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

2.

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

Y.

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. of 5-12-2009)

18-2-1. Description of districts. The various floodplain district shall include areas subject to inundation by waters of the 100-year flood. The basis of the delineation of these districts shall be the flood insurance rate map (FIRM) and flood insurance study (FIS) dated July 7, 2009, for the Town of Lawrenceville prepared by the U.S. Department of Housing and Urban Development, Federal Emergency Management Agency.

1.

The FP-1 floodway district is delineated for purposes of this ordinance using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point. These areas included in this district are specifically defined on the flood boundary and floodway map.

2.

The FP-2 flood-fringe district shall be that area 100-year floodplain not included in the floodway district. The basis for the outermost boundary of this district shall be the 100-year flood elevations contained in the flood profiles of the above referenced flood insurance study and as shown on the accompanying flood boundary and floodway map.

18-2-2. Overlays.

(1)

The flood hazard 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)

Where there happens to be any conflict between the provisions or requirements of any of the flood hazard districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the flood hazard districts shall apply.

(3)

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

18-2-3. Official zoning map. The boundaries of the flood hazard are established as shown on the flood boundary and floodway map which is declared to be a part of this article and which shall be kept on file at the town offices.

18-2-4. District boundary changes. The delineation of any of the flood hazard districts may be revised by the town council where natural or manmade changes have occurred or when more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency or individual, documents the notification for such changes; however, prior to any such change, approval must be obtained from the Federal Emergency Management Agency and the Federal Insurance Administration.

18-2-5. Interpretation of district boundaries. Initial interpretations of the boundaries of the flood hazard district shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.

(Ord. of 5-12-2009)

All uses, activities, and development occurring within a 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 this ordinance and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code and the Town of Lawrenceville Subdivision Regulations. Prior to the issuance of any such permit, the zoning administrator shall require all applications to include compliance with all applicable state and federal laws.

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

Prior to any proposed alteration or relocation of any channels or floodways of any watercourse, stream, etc., within a municipality, approval shall be obtained from the state water control board. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to the state water control board, the division of dam safety and floodplain management, state department of conservation and recreation, and the Federal Emergency Management Agency.

18-3-1. FP-1 floodway district. In the floodway district no development shall be permitted unless the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate local and/or state authorities as required above.

The placement of any mobile home, except in an existing park within the floodway district is specifically prohibited.

A.

Permitted uses. In the floodway district the following uses and activities are permitted provided they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials and equipment.

1.

Agricultural uses such as general farming, pasture grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

2.

Public and private recreational uses and activities, parks, day camps, picnic grounds, golf courses, hiking, and horseback riding trails, wildlife and nature preserves, and game farms.

3.

Accessory residential uses such as yard areas, garden areas, and pervious and loading areas.

4.

Accessory industrial and commercial uses such as yard areas pervious parking and loading areas, airport landing strips, etc.

B.

Uses permitted by special exceptions. The following uses and activities may be permitted by special exception provided they are in compliance with the provisions of the underlying district and are not prohibited by this [ordinance] or any other ordinance:

1.

New residential structures and substantial improvements of existing structures provided the lowest floor including basement shall be elevated to or above the base flood level unless an exception for the allowance of basements or storm cellars is granted by the Federal Emergency Management Agency.

2.

New nonresidential structures and substantial improvements of existing structures provided the lowest floor including basement shall be elevated to or above the base flood level; or be floodproofed to or above the base flood level provided the development does not cause any raise in flood elevation of the 100-year flood and/or any increase in water velocity.

3.

Structures except for mobile homes accessory to the uses and activities in subsection 18-3-1 A. above.

4.

Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses.

5.

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

6.

Temporary uses such as circuses, carnivals, and similar activities.

7.

Storage of materials and equipment provided they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning.

8.

Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities, and structural development shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.

18-3-2. FP flood-fringe and approximated floodplain districts. In the flood-fringe and approximated floodplain districts the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.

1.

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:

a)

The elevation of the base flood at the site.

b)

The elevation of the lowest floor (including basement).

c)

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

2.

New residential structures and substantial improvements of existing structures are permitted in accordance with underlying district regulations provided the lowest floor including basement shall be elevated to or above the base flood level, as certified by a registered engineer or architect, unless an exception for the allowance of basements or storm cellars is granted by the Federal Emergency Management Agency.

3.

New nonresidential structures and substantial improvements for existing structures are permitted in accordance with underlying district regulations provided the lowest floor including basement shall be elevated to or above the base flood level; or be floodproof and certified to be by a registered engineer or architect to or above the base flood level provided the development does not cause any raise in flood elevation of the 100-year flood and/or any increase in water velocity.

4.

RV's and manufactured homes.

a)

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

b)

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

i.

The lowest floor (including basement)of the manufactured home shall be elevated to or above the base flood elevation; or

ii.

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;

iii.

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

c)

All recreational vehicles placed on sites must either:

i.

Be on the site for fewer than 180 consecutive days;

ii.

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,

iii.

Meet all the requirements for manufactured homes in Article 4, section 4.3 (D) [subsection 18-3-2 4.].

(Ord. of 5-12-2009)

In passing upon applications for special exceptions and variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and the following factors:

(1)

The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exceptions or variance shall be granted for any proposed use, development, or activity within the floodway district that will cause any increase in flood levels during the 100-year flood.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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.

(9)

The requirements of the facility for a waterfront location.

(10)

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

(11)

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

(12)

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

(13)

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

The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a special exception or 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 protection and other related matters.

Special exceptions and/or variances shall only be issued after the board of zoning appeals has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety; (c) extraordinary public expense, (d) create nuisances, (e) cause fraud or victimization of the public, [and] (f) conflict with local laws or ordinances.

Special exceptions and/or variances shall be issued only after the board of zoning appeals has determined that the special exception and/or variance will be the minimum required to provide relief from hardship.

The board of zoning appeals shall notify the applicant for a special exception and/or variance, in writing, that the issuance of a special exception and/or variance to construct a structure below the 100-year flood elevation (a) increases the risks to life or property, and (b) will result in increased premium rates for flood insurance. A record of the above notification as well as all variance actions including justification for their issuance, shall be maintained and any variances which are issued shall be noted in the annual report submitted to the Federal Emergency Management Agency.

(Ord. of 5-12-2009)

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:

18-5-1. Existing structures and/or uses located in [the] floodway district shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements).

18-5-2. Any modification, alteration, repair, reconstruction, or of any kind of a structure and/or use located in any floodplain district to an extent or amount of less than 50 percent of its market value, shall be elevated and/or floodproofed to the greatest extent possible.

18-5-3. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use regardless of its location in a floodplain district to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with the provisions of the Virginia Uniform Statewide Building Code.

18-5-4. Uses of adjuncts thereof which are, or become, nuisances shall not be permitted to continue.

(Ord. of 5-12-2009)

Within the flood fringe district and/or the approximate district as delineated, the following additional provisions shall be met:

18-6-1. All electric water heaters, electric furnaces and other electrical installations shall be permitted only at elevations at [sic] above the level of the 100-year flood.

18-6-2. Water supply systems, sanitary sewage [sewer] systems, and gas and oil supply systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

18-6-3. Adequate drainage shall be provided to minimize exposure to flooding.

18-6-4. The preliminary plat requirements shall include a map showing the location of the proposed Subdivision and/or land development with respect to any designated floodplain district, including information on, but not limited to, the 100-year flood elevations, boundaries of the floodplain districts, proposed lots and sites, fills, flood or erosion protective facilities, and areas subject to special deed restrictions.

(Ord. of 5-12-2009)

Any person who fails to comply with any of the requirements or provisions of this article or directions of the zoning administrator or any authorized employee of the Town of Lawrenceville shall be guilty of a class III misdemeanor and subject to the penalties thereof.

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the Town of Lawrenceville to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

(Ord. of 5-12-2009)