This district is intended to:

(a)

Protect and promote the health, safety and general welfare of the public;

(b)

Enhance the visual appearance of the corridor; to protect and promote the vision and goals of the Fifth Street Corridor Master Plan;

(c)

Protect and promote positive appearance, character and community values by encouraging pedestrian and mixed use oriented uses along the corridor that serve the needs of the surrounding neighborhoods;

(d)

Promote responsible commercial development;

(e)

Encourage neighborhood stabilization, expansion and infill;

(f)

Reduce the number of vacant and deteriorated structures in the corridor;

(g)

Encourage designs that produce a desirable relationship between individual sites, multiple modes of transportation and the adjacent areas; and

(h)

Promote the corridor as a link between the Downtown and Midtown areas of the City.

The Fifth Street Revitalization Corridor Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land lying in the Fifth Street Revitalization Corridor Overlay shall also lie within one or more of the other zoning districts provided by this ordinance. The effect shall be the creation of a new zoning district consisting of the regulations and requirements of both the underlying district and the Fifth Street Corridor Overlay District.

The Fifth Street Revitalization Corridor Overlay District boundaries are established from the intersection of Fifth Street to the Martin Luther King, Jr. Memorial Bridge, encompassing two blocks north and south of Fifth Street, excluding the Court House Hill Historic District, the Garland Hill Historic District, the Old City Cemetery, and one-half of a block bounded by Sixth Street, Seventh Street and Church Street.

Where the standards of the Fifth Street Revitalization Corridor Overlay District and the underlying district(s) differ, the Fifth Street Revitalization Corridor standards shall apply except in the instance of individually designated historic properties.

The uses authorized for the applicable underlying zoning districts may be established in accordance with the procedures established in Article II, the zoning district standards of Article III and this article, site development standards established in Article VI and specific use standards established in Article VII, as well as other applicable rules and regulations, except that: residential uses fronting Fifth Street shall require a conditional use permit (CUP) unless they are part of a mixed use development.

Except as specifically noted herein, the following standards shall apply in addition to any of the development standards applicable in the underlying zoning district:

(a)

Off-street parking requirements. The minimum off-street parking requirements for the Fifth Street Revitalization Corridor shall not apply because of the impracticability of providing such parking on small lots. However, developers are strongly encouraged to provide off-street parking in areas where on-street parking is not available.

(b)

Location of off-street parking facilities. Where provided, off-street parking facilities shall be located to the sides and rear of buildings. Means of ingress and egress to off-street parking facilities shall be from side streets only and shall not be from Fifth Street unless topography or other conditions peculiar to the site would prohibit a means of ingress and egress from the side street (see Exhibit V-1).

Exhibit V-1: FSC Permitted/Not Permitted Parking Locations

(c)

Internal vehicular circulation. Sites fronting Fifth Street shall be designed to achieve direct and convenient vehicular access between adjacent properties. The owner of a lot providing for internal vehicular circulation shall make adequate provision by dedication, easements, covenants, restrictions, or other legal instruments for ensuring that internal vehicular circulation is provided for and maintained consistent with the regulations and intent of this section.

(d)

Exterior Lighting. Exterior lighting shall be controlled so that no direct illumination will occur beyond the property line. In instances where buildings have a zero foot setback, exterior lighting shall be controlled so that no direct illumination occurs beyond the public sidewalk.

(e)

Utilities. All utilities shall be located underground.

(f)

Architectural treatment. Buildings fronting or visible from Fifth Street are encouraged to comply with the Commercial Historic District Guidelines. Additionally:

1.

No portion of a building constructed of unadorned cinderblock, corrugated and/or sheet metal shall be visible from any adjoining residential district, historic district or public right-of-way.

2.

Buildings fronting on Fifth Street shall be designed to utilize building materials that are compatible with the Fifth Street Revitalization Corridor Overlay District such as stone, brick, stucco, or wood.

3.

Vegetative buffering as described in section 35.2-63.10 (Buffering) of this ordinance placed along that portion of the building not otherwise meeting the requirements of architectural treatment will be deemed sufficient treatment for the purposes of this section.

4.

Front porches are encouraged for all newly constructed or renovated residential units.

(g)

Commercial districts adjacent to residential districts. In all instances where a commercial district is adjacent to a residential district, there shall be established in the commercial district a screened yard between the two districts. Screening may be provided according to the regulations of section 35.2-63.10 (Buffering) of this ordinance or by providing a screening fence, wall or any combination of landscaping, fence or wall adequate to screen the commercial use as approved by the City Planner.

(h)

Building heights, lot area, setbacks and lot coverage. The standards for lot area, building heights, setbacks and lot coverage established in Exhibit V-2 supersede the corresponding standards of the underlying zoning district.

Exhibit V-2: Fifth Street Revitalization Corridor Overlay
Standards for Building Height, Lot Area, Setback and Lot Coverage

This district is intended to:

(a)

Protect and promote the health, safety and general welfare of the public;

(b)

Enhance the visual appearance of the corridor;

(c)

Protect and promote the character and vistas, and prevent unnecessary clutter and congestion along the corridor and the surrounding neighborhoods.

The Scenic Corridor Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land lying in the scenic corridor overlay district shall also lie within one or more of the other zoning districts provided by this ordinance. The effect shall be the creation of new zoning districts consisting of the regulations and requirements of both the underlying district(s) and the Scenic Corridor Overlay District.

The Scenic Corridor Overlay District boundaries shall be as specified by City Council by ordinance as shown on the Official Zoning Map.

Where the standards of the Scenic Corridor Overlay District and the underlying district(s) differ, the more restrictive standard shall apply.

Except as specifically noted, single-household, two-household residential uses, planned unit developments, cluster commercial developments, and manufactured home parks shall not be subject to the standards of the Scenic Corridor Overlay District due to the stricter standards applicable to those uses. However, at such time that a single-household, two-household residential use, planned unit development, cluster commercial development or manufactured home use is to be converted to another use, it will be subject to the standards of the Scenic Corridor Overlay District. Townhouse developments will be subject to the standards of the Scenic Corridor Overlay District.

The uses authorized for the applicable underlying zoning districts may be established in accordance with the procedures established in Article II, the zoning district standards of Article III and this article, site development standards established in Article VI and specific use standards established in Article VII, as well as other applicable rules and regulations.

Except as specifically noted herein, the following standards shall apply in addition to any of the development standards applicable in the underlying zoning district:

(a)

Setbacks. The minimum building and parking setbacks are established at 40 feet for lots abutting the public street on which the scenic corridor overlay district is centered. This setback shall be measured from the right-of-way line shared by the lot and the public street on which the scenic corridor overlay district is centered.

(b)

Utilities. All utilities shall be located underground.

(c)

Building Bulk Softening. There shall be a building bulk softening effect created by landscaping between a structure and a limited access highway. Landscaping shall be at the outer boundaries and in the required setbacks and shall be provided except where driveways or other openings are required. Plantings shall be in an irregular (or "staggered") line. Clustering of plant and tree species shall be required.

1.

For the purpose of this section, the following definitions shall be applicable:

a.

Large deciduous tree. A large deciduous tree shall be of a species having an average minimum mature crown spread of greater than 30 feet. A minimum caliper of at least two and one-half inches at the time of planting shall be required.

b.

Small deciduous tree. A small deciduous tree shall be of a species having an average minimum mature crown spread of greater than 12 feet. A minimum caliper of at least one and three-fourths inches at the time of planting shall be required.

c.

Evergreen trees. Evergreen trees shall have a minimum height of at least six feet at the time of planting.

d.

Medium shrubs. Shrubs and hedge forms shall have a minimum height of at least two feet at the time of planting.

2.

For buildings 12 feet or less in height (eave height).

a.

At least one small deciduous tree for each 50 linear feet of building and at least one evergreen tree for each 30 linear feet shall be planted.

b.

At least one medium shrub for each 20 linear feet shall be planted. (In lieu of the required shrubbery, a landscaped earthen berm can be used. Generally, the earthen berm shall have a varying width and height, curvilinear in form, providing a gentle tie-in with the existing grade. The minimum height shall be three feet.)

3.

For buildings greater than 12 feet in height (eave height).

a.

At least one large deciduous tree for each 50 linear feet and at least one evergreen tree for each 30 linear feet shall be planted.

b.

At least one small deciduous tree for each 50 linear feet shall be planted.

c.

At least one medium shrub for each 20 linear feet shall be planted. (In lieu of the required shrubbery, a landscaped earthen berm can be used. Generally, the earthen berm shall have a varying width and height, curvilinear in form, providing a gentle tie-in with the existing grade. The minimum height shall be three feet.)

(d)

Architectural Treatment.

1.

No portion of a building constructed of unadorned cinderblock or corrugated and/or sheet metal shall be visible from any adjoining single-household or two-household residential district or public right-of-way.

2.

Buildings shall be designed to use, to the greatest extent feasible, building materials that are compatible with the Scenic Corridor Overlay District environment, such as rock, stone, brick and wood.

3.

Vegetative buffering as provided in section 35.2-63.10, placed along that portion of a building not otherwise meeting the requirements of architectural treatment, will be deemed sufficient treatment for the purposes of this section.

(e)

Signs.

1.

Prohibited signs. The following types of signs shall be prohibited within the Scenic Corridor Overlay District:

a.

Billboards;

b.

Signs painted on building or premise;

c.

Changeable copy signs;

d.

Pennants, non-governmental flags, non-company/corporate logo flags, banners;

e.

Roof signs (above line of roof);

f.

Signs that contain an off-site commercial motif not incidental to the use of the site (soda bottles, hamburgers, figures, etc.) or other outdoor commercial displays; and

g.

Signs that are not of a standard geometric shape or with a backing that is not of a standard geometric shape.

2.

Permitted signs. A unified system of signage and graphics shall be encouraged for each individual development. Signage concepts should be considered during the design of buildings. Size, height, location, material, and color should strongly relate to building and site design.

a.

Each development shall be permitted one detached free standing sign identifying the development and announcing only the name or location of the development and business names of tenants therein. One logo per sign shall be permitted. All tenant signs (individual signs for businesses in a development) shall be uniform in letter size and color.

b.

For each independent development within an industrial park one identification sign shall be permitted on each fronting public street.

c.

Directional signs indicating location of truck entrances, employee parking, shipping and receiving, and similar activities; provided that all such signs are located on the property of the business and no such signs exceed four (4) square feet in area. Directional signs shall contain no advertising.

d.

The backing and support material of the face sign shall be of the same material as of that portion of the building which faces any adjoining single-household or two-household residential district or public right-of-way, or of a natural material (such as rock, stone, brick, wood).

e.

Other signs such as real estate, political, etc., not specifically addressed in the Scenic Corridor Overlay District Standards are to conform to the regulations of the underlying districts.

(Ord. No. O-17-013, § 1, 2-14-17)

This district is intended to protect the health, safety and welfare of residents and visitors to the City of Lynchburg by regulating and restricting the height of structures and objects in the vicinity of the airports and the navigable airspace in the City of Lynchburg by:

(a)

Creating the appropriate zones and establishing boundaries thereof;

(b)

Providing for changes in the restrictions and boundaries of such zones;

(c)

Defining certain terms used herein;

(d)

Providing for enforcement;

(e)

Imposing penalties; and

(f)

Satisfying the requirements of the General Assembly of Virginia regarding airport safety zoning.

This section is adopted pursuant to the authority conferred by Chapter 22 of Title 15.2, and specifically to satisfy the requirements of Section 15.2-2294 of the Code of Virginia 1950, as amended and the Federal Aviation Administration. It is hereby found that an obstruction into an airport safety zone has the potential for endangering the lives and property of users of the airports and residents in the City of Lynchburg; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airports and the public investment therein. Accordingly, it is declared that:

(a)

In the interest of the public health, safety, and general welfare, it is necessary to prevent the creation or establishment of obstructions that are hazards to air navigation;

(b)

The creation or establishment of an obstruction has the potential for being a public nuisance and may injure the area served by the airports;

(c)

The prevention of these obstructions should be accomplished, to the extent legally possible, without compensation to the property owner.

(a)

Safety Zones Established. In order to carry out the provisions of this section, there are hereby established certain zones which include all of the area and airspace of the City of Lynchburg lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Lynchburg Regional Airport and Falwell Airport. These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as provided for in sections 35.2-57.3. and 35.2-57.4. An area located in more than one of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows:

1.

airport zone: a zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.

2.

approach zone: a zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces.

3.

transitional zone: a zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces.

4.

conical zone: a zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.

(b)

Source for Safety Zones. The source and the specific geometric design standards for these zones are to be found in Part 77.25, 77.28, and 77.29, subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. The boundaries of such zones are shown on maps filed and maintained in the same manner provided for in Article III of this Zoning Ordinance for other Zoning Maps.

(a)

Except as otherwise provided in this section, in any zone created by this section no structure shall be erected, altered, or maintained to a height so as to penetrate any portion of any referenced surface, also known as the floor, of any zone provided for in section 35.2-57.3.

(b)

The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations.

(c)

For any proposed construction or activity that may penetrate any referenced surface, certification of the elevation shall be submitted to the Zoning Administrator by a Virginia registered engineer or surveyor.

(d)

Any such proposed structure or activity within the airport safety zone shall meet the standards and requirements of the Federal Aviation Administration or the Virginia Department of Aviation. The Zoning Administrator shall refer the plans for such a proposed structure to the applicable agency for a report as to the possible interference with flight operations, if the certificate of elevation indicates that the structure will exceed the standards listed in this section. The inspections division shall obtain certification from the Virginia Department of Aviation that the proposed obstruction will or will not be considered a hazard to air navigation by that agency.

(a)

Except as provided in paragraph (b) of this section and section 35.2-57.6(b), the regulations prescribed by this section shall not require the removal, lowering or other change or alteration of any structure or vegetation not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of a legal non-conforming use. Nothing contained in this section shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to December 12, 1978, and is diligently prosecuted.

(b)

Notwithstanding the provision of paragraph (a) of this section, the owner of any existing legal non-conforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration or the Virginia Department of Aviation. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the non-conforming obstruction.

(a)

Except as provided in paragraphs (a), (b) and (c) of this section, no structure shall be erected or otherwise established in any zone created by this section unless a building permit therefore shall have been applied for and granted. Each application for a building permit shall indicate the purpose for which desired and with sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this section.

(b)

No building permit shall be granted that would allow the establishment or creation of an obstruction or allow a non-conforming use or structure to become a greater hazard to air navigation than it was on the effective date of this section or any amendments thereto other than with relief as provided for in this section.

(c)

Whenever the Zoning Administrator determines that a non-conforming structure has been abandoned for two or more years, or greater than 50 percent of the value of the structure has been destroyed, physically deteriorated, or decayed, no building permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this section, except with the relief as provided for in section 35.2-91.4 (Non-Conforming Signs). The owner of any residential or commercial building that is damaged or destroyed by a natural disaster or other act of God may repair, rebuild, or replace such building even if the building is damaged by more than 50 percent of its value.

(d)

The Zoning Administrator may condition approval of a building permit on the agreement by the owner and/or operator of the structure and land to install, operate, and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the Zoning Administrator.

(e)

The owner of any proposed obstruction is hereby required to post a bond, in such an amount as may be deemed appropriate by the Zoning Administrator, to cover the expense of removal of such obstruction as stipulated in paragraph (c) of this section. This bond shall carry with the ownership of the land or structure.

(f)

When any structure erected after the enactment of this section exceeds the height listed in the building permit, the owner/operator shall be legally and financially responsible for removing such obstruction.

(g)

No use shall be established that the Zoning Administrator finds to be inconsistent with the provisions of this section 35.2-57 et seq.

The Zoning Administrator shall administer and enforce the regulations prescribed in this section, unless otherwise stated, and shall carry out and effectuate this section, including the action of injunction, prosecution and other available means pursuant to section 35.2-102 of this Zoning Ordinance.

Penalties for violations of the provisions of this section 35.2-57 et seq. shall be established as provided in section 35.2-102 of this Zoning Ordinance.

Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to the same subject, where the conflict is with respect to the height of obstructions, the more stringent limitation or requirement shall govern.

Should any portion or provision of this section be held by any court to be unconstitutional or invalid, that decision shall not affect the validity of the section as a whole, or any part of the section other than the part held to be unconstitutional or invalid.

The purposes of the historic districts are to:

(a)

Promote the public welfare through the creation of historic districts for the protection and preservation of historic buildings, structures, places, archaeological sites, and areas of historic interest (as a class of structural and environmental types) within the City of Lynchburg;

(b)

Promote the development and maintenance of appropriate settings and environment for such buildings, structures, places and areas as provided by Section 15.2-2306 of the Code of Virginia, as amended;

(c)

Stabilize and improve property values in the historic districts;

(d)

Encourage new buildings and developments that will be architecturally compatible with existing historic landmarks, buildings and structures;

(e)

Prevent the encroachment of additions or new buildings and structures that are architecturally incongruous with the environs of the historic districts;

(f)

Promote local historic preservation efforts, and encourage the identification and nomination of qualified historic properties and districts to the National Register of Historic Places and the Virginia Landmarks Register; and

(g)

Provide an educational resource and to foster a sense of pride in our heritage for succeeding generations, that they may appreciate and understand the history of our culture.

(a)

City Council of the City of Lynchburg has adopted criteria for determination of landmarks, buildings, or structures to be designated as being historically significant. Any changes to said criteria shall be made by City Council after receiving recommendations from the HPC.

(b)

To execute the purposes and objectives of this ordinance, there may be created in the City districts to be known as "Historic Districts" in addition to any existing historic districts. A historic district may be a part or all of a neighborhood, site, structure or a combination thereof. The boundaries of such districts shall be as specified by City Council by ordinance as shown on the Official Zoning Map. The boundaries of such districts shall be shown on maps, which shall be filed and maintained in the City's GIS.

(c)

The procedure to be followed in establishing historic districts is specified in section 35.2-11 (Applications Requiring Public Hearings Before City Council) of this Zoning Ordinance. However, due to the unique nature of a historic district designation relative to traditional zoning, consideration of designating an area as a historic district may be exempted by the City from the regulations requiring posting of notices cited in section 35.2-11 with the exception of the public hearing requirements to appear in the local newspaper as specified in section 35.2-10.14 (Notice) of this Zoning Ordinance. The City may waive posting of a sign giving notice of intent to rezone. In the case of historic district consideration, in addition to other requirements, a fee may be required from the petitioner in the amount set forth in the fee schedule adopted by City Council to cover the cost of publishing legal notices for hearings before the HPC, the Planning Commission and the City Council.

(d)

A notice that a building may be designated as a "historic district" shall be mailed in accordance with section 35.2-10.14(d)2, which notice shall contain the following information: the location and street address; the reason why the building and/or the district in which it is proposed to be located is deemed to be of historic or architectural interest; a copy of the pertinent portions of this ordinance restricting the altering or razing of said building; the place, time and date of the public hearing of the HPC.

(e)

The HPC, the Planning Commission, City Council, or the owner of any landmark, building, or structure in the City of Lynchburg, including those listed on the Virginia Landmarks Register or the National Register of Historic Places, may make a written request of the HPC for the consideration of recommending the designation of such landmarks, buildings, or structures as a historic district. The HPC shall recommend the requested addition if, after a public hearing, it considers said building to be of historic, architectural, or cultural merit.

(f)

The HPC, the Planning Commission, City Council, the owner or owners of any landmark, building or structure located within a historic district may make a written request of the HPC for the consideration of recommending the removal of the historic district designation from such landmark, building, or structure. Procedure for notification of a public hearing to remove a designation as a historic district shall be the same as the procedure to establish such designation.

The HPC shall designate an appropriate marker and may permit each owner of a historic landmark, building or structure to display the marker in an appropriate manner. In addition, the HPC may at its discretion design and display similar markers denoting "historic districts." The costs of making, inscribing, installing and maintaining such markers shall be paid for by the City of Lynchburg. The costs of making, inscribing, installing and maintaining private individual markers shall be paid for by the property owner.

It shall be unlawful for any person to display, without the authorization of the HPC, a marker or any imitation thereof as provided for in section 35.2-58.3.

No building or structure, including signs, and including non-contributing buildings and structures and signs, shall be erected, reconstructed, restored, demolished, or altered in any way that affects the external appearance of the building or structure, including such items as roofs, chimneys, fences, and color changes, unless the same is approved as being architecturally compatible with historic landmarks, buildings, or structures therein through the issuance of a certificate of appropriateness, also referred to as a COA, by the Historic Preservation Commission (HPC), the City Planner or by City Council in accordance with section 35.2-13.

Whenever the decisions made under the authority of the Historic District regulations pursuant to section 35.2-13 et seq. require a greater width or size of setbacks, courts or other open spaces, require a lower height of building or fewer stories, require a greater percentage of lot to be left unoccupied or impose other higher standards than are required in any other statute or local ordinance or regulation, the requirements made pursuant to the Historic District regulations shall govern. Whenever the provisions of any other statute or local ordinance or regulation require a greater width or size of setbacks, courts or other open spaces, require a lower height of building or a less number of stories, require a greater percentage of lot to be left unoccupied or impose other higher standards than are required by the Historic District regulations, the provisions of such statute or local ordinance or regulation shall govern.

The departments, bureaus, divisions, boards, commissions, agencies, and other offices of the City government shall furnish to the HPC such available information and render it appropriate service as may be required for the exercise of the powers and performance of the duties and functions of the HPC. All City departments and agencies responsible for historic public buildings, monuments, districts, and places shall submit a COA application to demolish, move, or alter said structures or places to the HPC for review and recommendation. No certificate of appropriateness is required when the demolition of a structure is ordered by the Building Official pursuant to the provisions of the Uniform Statewide Building Code.

The HPC may recommend to City Council that the City acquire in any legal manner any historic area, landmark, building or structure, land pertaining thereto, or any estate or interest therein which, in the opinion of the HPC, should be acquired, preserved and maintained for the use, observation, education, pleasure and welfare of the people.

Wherever any person has engaged in or is about to engage in any act or practice that constitutes or will constitute a violation of this ordinance, the Zoning Administrator may make application to the circuit court for an order enjoining such act or practice, or requiring such person to refrain from such prospective violation, or to remedy such violations by restoring the affected property to its previous condition. Upon proof by the Zoning Administrator that such person has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order or other appropriate order shall be granted to the Zoning Administrator.

For violations and penalties, see section 35.2-102 of this Zoning Ordinance.

If any provision of these Historic District Regulations or the application thereof to any person or circumstance is held invalid, the remainder of this ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby.

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed the former § 35.2-59 and enacted a new § 35.2-59 as set out herein. The former § 35.2-59 pertained to flood hazard districts and derived from Code of 1981, § 35.2-59.

(a)

This ordinance is adopted pursuant to the authority granted to localities by Va. Code § 15.2-2280. The purpose of these provisions is to prevent: the loss of life, health, or 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 do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage; and,

(4)

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

(b)

The provisions of this ordinance comply with the requirements of the National Flood Insurance Program (42 USC 4001-4128) of the Federal Insurance Administration. These provisions are necessary in order for all property owners within the city to be eligible for the National Flood Insurance Program and thereby purchase such insurance at nominal rates.

(Ord. No. O-25-021, 3-11-25)

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed the former § 35.2-59.1 and enacted a new § 35.2-59.1 as set out herein. The former § 35.2-59.1 pertained to purpose and derived from Code of 1981, § 35.2-59.1.

The provisions of this ordinance shall apply to all privately and publicly owned lands within the jurisdiction of the City of Lynchburg, Virginia identified as floodplain areas (a) by the city or pursuant to the provisions of this ordinance; (b) on the flood insurance rate map (FIRM); and/or (c) in the Flood Insurance Study (FIS) that are provided to the city by FEMA. Where these provisions are at variance with other provisions of the Zoning Ordinance, it is intended that these provisions shall apply. The FIRM is declared to be a part of this ordinance and shall be kept on file in the office of the floodplain administrator.

The provisions of this ordinance primarily address "special flood hazard areas," which are those areas within the floodplain subject to a one percent or greater chance of being flooded in any given year. Special flood hazard areas in the city may be designated as Zone AE or A on the FIRM as follows:

"AE" zones are areas subject to inundation by the one percent annual chance (100-year) flood event determined by detailed methods and base flood elevations are shown. The Floodway and Floodway Fringe Districts, as established herein, are located in the AE Zone.

"A" zones are areas subject to inundation by the one percent annual chance (100-year) flood event generally determined using approximate methodologies. Because detailed hydraulic analyses have not been performed, no base flood elevations or flood depths are shown. The Approximated Floodplain District, as established herein, is located in the A Zone.

This ordinance also addresses "other flood areas," which are those areas within the floodplain subject to inundation by waters of the one-fifth percent annual chance (500-year) flood. Other flood areas are designated as X Zone on the FIRM.

(Ord. No. O-25-021, 3-11-25)

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed the former § 35.2-59.2 and enacted a new § 35.2-59.2 as set out herein. The former § 35.2-59.2 pertained to boundaries and derived from Code of 1981, § 35.2-59.2.

The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them below, except where the context clearly indicates a different meaning:

Appurtenant or accessory structure means 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.

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

Base flood elevation means the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. For the purposes of this ordinance, the base flood is the one percent annual chance flood.

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

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

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

Elevated building means 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 means 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 means, for the purposes of the insurance program, 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 "existing structures" and "pre-FIRM."

Flood or flooding means

(1)

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

a.

The overflow of inland or tidal waters; or,

b.

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

c.

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

(2)

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

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

Flood Insurance Study (FIS) means 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 means any land area susceptible to being inundated by water from any source.

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

Freeboard means 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.

Functionally dependent use means 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 means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means 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.

Hydrologic and hydraulic engineering analysis means 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.

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

Letter of Map Amendment (LOMA). An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a land as defined by meets and bounds or structure is not located in a special flood hazard area.

Letter of Map Revision (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter of Map Revision Based on Fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

Conditional Letter of Map Revision (CLOMR). A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or FIS.

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

Lowest floor means 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 44 CFR §60.3.

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

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

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

New construction means structures for which the start of construction commenced on or after the effective date of this ordinance and includes any subsequent improvements to such structures. Any construction started after the effective date of the city's first floodplain management ordinance and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

Other flood areas means those areas designated as X Zone on the FIRM subject to inundation by waters of the one-fifth percent annual chance (500-year) flood.

Ordinance. Unless the context requires otherwise, the term "ordinance" refers to the sections, parts, and provisions of the Zoning Ordinance specific to floodplain management.

Post-FIRM structures means, for floodplain management purposes, a structure for which construction, or other development for which "start of construction," occurred on or after the effective date of the initial Flood Insurance Rate Map.

Pre-FIRM structures means, for floodplain management purposes, a structure for which construction, or other development for which "start of construction", occurred before the effective date of the initial Flood Insurance Rate Map.

Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms.

Recreational vehicle means 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.

Repetitive loss structure means a building covered by a contract for flood insurance that has incurred flood-related damages on two occasions in a ten-year period, in which the cost of the repair, on the average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

Severe repetitive loss structure means a structure that: (a) Is covered under a contract for flood insurance made available under the NFIP; and (b) Has incurred flood related damage - (i) For which four or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding $5,000.00, and with the cumulative amount of such claims payments exceeding $20,000.00; or (ii) For which at least two 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 means 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.

Special flood hazard area (SFHA) means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in section 35.2-59.7 of this ordinance.

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 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 of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; 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.

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

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

Substantial improvement means 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. The term does not, however, include either:

(1)

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

(2)

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

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

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

Watercourse means 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. O-25-021, 3-11-25)

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed the former § 35.2-59.3 and enacted a new § 35.2-59.3 as set out herein. The former § 35.2-59.3 pertained to warning and disclaimer of liability and derived from Code of 1981, § 35.2-59.3.

(a)

No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance, including, but not limited to: the Virginia Uniform Statewide Building Code, the Virginia Industrialized Building Safety Regulations (IBSR), and the Manufactured Home Safety Regulations (MHSR).

(b)

The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that districts outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages.

(c)

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

(d)

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

(e)

This ordinance supersedes any previously adopted floodplain ordinance. To the extent that any other existing law or regulation is more restrictive or does not conflict with it shall remain in full force and effect.

(f)

These regulations are not intended to repeal or abrogate the city's subdivision regulations, ordinances, or building codes. In the event of a conflict between these regulations and any other applicable ordinance or codes, the more restrictive shall govern.

(g)

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

(h)

Any person who fails to comply with any requirement or provision of this ordinance shall be guilty of the appropriate violation and subject to penalties set forth in section 35.2-102 ("Violations, Enforcement and Penalties") of the Zoning Ordinance.

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

(Ord. No. O-25-021, 3-11-25)

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed the former § 35.2-59.4 and enacted a new § 35.2-59.4 as set out herein. The former § 35.2-59.4 pertained to establishment of flood hazard zoning districts and derived from Code of 1981, § 35.2-59.4.

The special flood hazard areas and other flood areas described herein shall be overlays to the existing underlying districts as established in the city's Zoning Ordinance, and as such, the provisions of these floodplain area regulations shall serve as a supplement to the underlying district provisions. Unless otherwise stated herein, the underlying district provisions in the Zoning Ordinance shall control the permissible uses in any given district.

If there is any conflict between the provisions or requirements of these floodplain area regulations and those of any underlying district pursuant to the Zoning Ordinance, the more restrictive provisions shall apply. In the event any provision concerning a special flood hazard area or other flood area is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

(Ord. No. O-25-021, 3-11-25)

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed the former § 35.2-59.5 and enacted a new § 35.2-59.5 as set out herein. The former § 35.2-59.5 pertained to alteration or relocation of a watercourse and derived from Code of 1981, § 35.2-59.5.

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed the former § 35.2-59.6 and enacted a new § 35.2-59.6 as set out herein. The former § 35.2-59.6 pertained to Prohibited uses: Floodway District (FW) and derived from Code of 1981, § 35.2-59.6.

The position of floodplain administrator shall be appointed by the city manager, or his designee, to administer and implement these regulations as set forth in this ordinance. The floodplain administrator may delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other city officials and employees, including, but not limited to, the zoning administrator and building official, as appropriate. The floodplain administrator may enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22. In the absence of a designated floodplain administrator, the duties are conducted by the city's environmental planner in the department of community development.

(Ord. No. O-25-021, 3-11-25)

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

(a)

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

(b)

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

(c)

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

(d)

Review applications to determine whether all necessary permits have been obtained from the Federal, State, or Local agencies from which prior or concurrent approval is required; in particular, permits from State agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free-flowing non-tidal waters of the State.

(e)

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

(f)

Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.

(g)

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

(h)

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

(i)

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

(j)

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

(1)

Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps), and Letters of Map Change; and,

(2)

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

(k)

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

(l)

Establish procedures for the application and consideration for variances requested pursuant to section 35.2-59.12 and waivers requested pursuant to section 35.2-59.11(a)(4).

(m)

Administer the requirements related to proposed work on existing buildings:

(1)

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

(2)

Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.

(n)

Undertake, as determined appropriate by the floodplain administrator due to the circumstances, other actions which may include, but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other Federal, State, and Local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under NFIP flood insurance policies.

(o)

Notify FEMA when the corporate boundaries of the city have been modified and:

(1)

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

(2)

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

(p)

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.

(q)

It is the duty of the floodplain administrator to take into account flood, mudslide and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of the community, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying).

(Ord. No. O-25-021, 3-11-25)

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

(a)

Where field surveyed topography indicates that adjacent ground elevations:

(1)

Are below the base flood elevation in riverine SFHAs, or below the one percent storm surge elevation in coastal SFHAs, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations; or,

(2)

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

(b)

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

(c)

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

(d)

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

(e)

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

(1)

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

(2)

Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to section 35.2-59.7.4 and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

(3)

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

(Ord. No. O-25-021, 3-11-25)

The delineation of any of the floodplain districts may be revised by the city 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 FEMA. A completed LOMR is a record of this approval.

(Ord. No. O-25-021, 3-11-25)

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

(Ord. No. O-25-021, 3-11-25)

The city's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the city will notify FEMA of any known changes by submitting technical or scientific data. The city may submit data via a LOMR. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

(Ord. No. O-25-021, 3-11-25)

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

Example cases include:

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

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

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

(Ord. No. O-25-021, 3-11-25)

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed the former § 35.2-59.7 and enacted a new § 35.2-59.7 as set out herein. The former § 35.2-59.7 pertained to uses permitted by right: Floodway District (FW) and derived from Code of 1981, § 35.2-59.7.

The various special flood hazard districts shall include areas subject to inundation by waters of the one percent annual chance (100-year) flood. The minimum basis for the delineation of these districts shall be the FIS and the FIRM for the city prepared by FEMA, Federal Insurance Administration, dated June 3, 2008, and any subsequent revisions or amendments thereto.

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

(Ord. No. O-25-021, 3-11-25)

The Floodway District is in an AE Zone and is delineated, for purposes of this ordinance, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one percent annual chance flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in the Floodway District are specifically defined in Table 4 of the above-referenced FIS and shown on the accompanying FIRM.

The following provisions shall apply within the Floodway District [44 CFR 60.3(d)]:

(a)

Within any floodway area, no encroachments, including fill, or substantial improvements or other development relating to existing structures shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator. No new construction shall be permitted within any floodway area.

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

If the foregoing provision is satisfied, all substantial improvements shall comply with all applicable flood hazard reduction provisions of section 35.2-59.8.

(b)

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

(Ord. No. O-25-021, 3-11-25)

The Floodway Fringe District is in the AE Zone and shall be those areas for which one percent annual chance flood elevations have been provided and the floodway has not been delineated as detailed in section 35.2-59.7.2. The following provisions shall apply within an AE zone [44 CFR 60.3(c)] 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 AE zone of special flood hazard 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 within the city.

Development activities in AE zone on the city's FIRM which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies - with the city's endorsement - for a Conditional Letter of Map Revision, and receives the approval of FEMA.

(Ord. No. O-25-021, 3-11-25)

Note— The requirement in 60.3(c)(10) only applies along rivers, streams, and other watercourses where FEMA has provided base flood elevations. The requirement does not apply along lakes, bays and estuaries, and the ocean coast.

The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one percent annual chance floodplain boundary has been approximated. Such areas are shown as A Zone on the FIRM accompanying the FIS.

For these areas, the base flood elevations and floodway information from Federal, State, and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other acceptable sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted practices, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

The floodplain administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus 12 inches.

During the permitting process, the floodplain administrator shall obtain:

(a)

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

(b)

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

Base flood elevation data shall be obtained from other acceptable 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 five lots or five acres, whichever is the lesser.

(Ord. No. O-25-021, 3-11-25)

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed the former § 35.2-59.8 and enacted a new § 35.2-59.8 as set out herein. The former § 35.2-59.8 pertained to uses permitted by conditional use permit: Floodway District (FW) and derived from Code of 1981, § 35.2-59.8.

(a)

Permit requirement. All uses, activities, and development occurring within any Floodplain District, including replacement of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict compliance with the provisions of this ordinance and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code and the city's Subdivision Ordinance. 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. 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.

(b)

Site plans and permit applications. All applications for development within any floodplain district and all permits issued for the floodplain shall incorporate the following information:

(1)

The elevation of the base flood at the site.

(2)

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

(3)

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

(4)

Topographic information showing existing and proposed ground elevations.

(Ord. No. O-25-021, 3-11-25)

The following provisions shall apply to all permits:

(a)

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

(b)

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

(c)

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

(d)

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.

(e)

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

(f)

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.

(g)

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

In addition to provisions (a)—(g) above, in all special flood hazard areas, the additional provisions shall apply:

i.

Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the 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. O-25-021, 3-11-25)

In all identified special flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with section 35.2-59.7.4, the following provisions shall apply:

(a)

Residential construction. New construction or substantial improvement of any residential structure (including replacement manufactured homes) in the AE and A Zones with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus 12 inches.

(b)

Non-residential construction.

(1)

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 or above the base flood level plus 12 inches.

(2)

Non-residential buildings located in the AE Zone may be floodproofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus 12 inches are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the floodplain administrator.

(c)

Space below the lowest floor. In AE and A Zones, 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 be used solely for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator).

(2)

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

(3)

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exist 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:

i.

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

ii.

The total net area of all openings must be at least one 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 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.

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.

(c)

Accessory structures. Accessory structures of any size shall be prohibited within the SFHA and no variance shall be granted for accessory structures.

(d)

Standards for replacement manufactured homes and recreational vehicles.

(1)

In the AE and A Zones, all replacement manufactured homes placed must meet all the requirements for new construction, including the elevation and anchoring requirements in section 35.2-59.8.2 and section 35.2-59.8.3. Such anchoring shall be completed to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in either of the following arrangements: (i) over-the-top ties at each corner plus one frame tie at the middle of each side; or (ii) frame ties at each corner plus no less than five evenly spaced additional frame ties per side. All ties to the ground shall be able to carry a force of 4,800 pounds. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces.

(2)

All recreational vehicles placed on sites must either:

i.

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

ii.

Meet all the requirements for manufactured homes in section 35.2-59.8.3(d)(1) above.

(Ord. No. O-25-021, 3-11-25)

(a)

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

(b)

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

(c)

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

(d)

Base flood elevation data shall be obtained from other acceptable 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 five lots or five acres, whichever is the lesser.

(Ord. No. O-25-021, 3-11-25)

Other flood areas shall be those areas for which no detailed flood profiles or elevations are provided, but the one-fifth percent annual chance floodplain boundary has been approximated. Other flood areas are located in the X Zone on the FIRM accompanying the FIS. The following provisions shall apply to other flood areas:

(a)

These areas are within the floodplain subject to inundation by waters of the one-fifth percent annual chance (500-year) flood. As such, while the risk of flooding is lower compared to special flood hazard areas, flooding may nonetheless occur in these areas which could result in damage and the inability for access from rescue and other emergency services.

(b)

No emergency service, medical service, or governmental records storage shall be allowed on these areas except by using the variance process.

(Ord. No. O-25-021, 3-11-25)

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed the former § 35.2-59.9 and enacted a new § 35.2-59.9 as set out herein. The former § 35.2-59.9 pertained to uses permitted by right: Floodway Fringe District (FF) and derived from Code of 1981, § 35.2-59.9.

(a)

The following uses shall be specifically prohibited within all special flood hazard districts:

(1)

Sanitary landfills, junkyards, outdoor storage of inoperative vehicles.

(2)

Manufactured homes (other than replacement manufactured homes as permitted hereunder).

(3)

Surface mines and borrow pits.

(4)

Manufacture, bulk storage, transformation or distribution of petroleum, chemical or asphalt products or any hazardous materials as defined in either or both of the following:

a.

Superfund Amendment and Reauthorization Act of 1986.

b.

Identification and Listing of Hazardous Wastes, 40 CFR Section 261 (1987).

The following products shall be specifically included:

i.

Oil and oil products including petrochemicals.

ii.

Radioactive materials.

iii.

Any material transported or stored in large commercial quantities (such as 55-gallon drums) which is a very soluble acid or base, causes abnormal growth of an organ or organism, or is highly biodegradable, exerting a strong oxygen demand.

iv.

Biologically accumulative poisons.

v.

Substances containing the active ingredients of poisons that are or were ever registered in accordance with the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 USC 135 et. seq.).

vi.

Substances highly lethal to mammalian or aquatic life.

(5)

Storage or land application of industrial wastes.

(6)

Outdoor storage of equipment, materials or supplies which are buoyant, flammable or explosive.

(7)

Emergency services.

(8)

Medical service.

(9)

Governmental records storage.

(b)

Nonconforming uses of this section notwithstanding, no expansion of any of the above uses located within a floodplain district shall be permitted.

(Ord. No. O-25-021, 3-11-25)

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed the former § 35.2-59.10 and enacted a new § 35.2-59.10 as set out herein. The former § 35.2-59.10 pertained to uses permitted by conditional use permit: Floodway Fringe District (FF) and derived from Code of 1981, § 35.2-59.10.

Any structure or use of a structure or premises generally must be brought into conformity with these provisions when it is changed, repaired, or improved. However, a structure or use which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be changed, repaired, improved, or continued subject to the following conditions:

(a)

The floodplain administrator has determined that:

(1)

The change will not result in the expansion of the footprint of the previously existing structure. In no circumstance shall the footprint of an existing structure in the Floodway District be expanded following the enactment of these provisions. The prohibition of this subsection shall not prohibit vertical expansion subject to the other requirements of this ordinance.

(2)

For existing structures in the Floodway District, it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion or enlargement would not result in any increase in the base flood elevation.

(3)

When all modifications, alterations, repairs, reconstruction, or improvements of any kind to a structure and/or use located in a floodplain area during a rolling five-year period constitute less than 50 percent of its market value, such changes conform to the Virginia Uniform Statewide Building Code.

(4)

When all modifications, alterations, repairs, reconstruction, or improvements of any kind to a structure and/or use, regardless of its location in a floodplain area, during a rolling five-year period constitute 50 percent or more of its market value, such changes shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the Virginia Uniform Statewide Building Code. The floodplain administrator may approve a waiver of this condition for an existing structure or use provided that he or she determines that the requested waiver meets the standards for approval of a variance set out in section 35.2-59.12. The property owner may appeal the determination of the floodplain administrator to the board of zoning appeals within 30 days of the floodplain administrator's final determination.

(b)

The change, repair, or improvement is required to comply with a citation for a health and safety violation.

(c)

The structure is a historic structure and the changes required to bring the structure into conformity with these provisions would impair the historic nature of the structure.

(Ord. No. O-25-021, 3-11-25)

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed the former § 35.2-59.11 and enacted a new § 35.2-59.11 as set out herein. The former § 35.2-59.11 pertained to uses permitted by right: Approximated Flood Plain District (AFP) and derived from Code of 1981, § 35.2-59.11.

(a)

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:

(1)

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

(2)

The danger that materials may be swept on to 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 contents to 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 requirements of the facility for a waterfront location.

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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.

(13)

No variance shall be granted for any accessory structure.

(b)

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.

(c)

Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in (i) unacceptable or prohibited increases in flood heights, (ii) additional threats to public safety, (iii) extraordinary public expense, and will not (iv) create nuisances, (v) cause fraud or victimization of the public, or (vi) conflict with local laws or ordinances of the city.

(d)

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

(e)

The board of zoning appeals shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the one percent chance flood elevation (i) increases the risks to life and property and (ii) will result in increased premium rates for flood insurance.

(f)

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(Ord. No. O-25-021, 3-11-25)

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed the former § 35.2-59.12 and enacted a new § 35.2-59.12 as set out herein. The former § 35.2-59.12 pertained to uses permitted by conditional use permit: Approximated Flood Plain District (AFP) and derived from Code of 1981, § 35.2-59.12.

Within the special floodplain district the following provisions apply: until a regulatory floodway is designated, no new construction, substantial improvements or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones AE on the Flood Insurance Rate Map, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood within the City of Lynchburg.

When the approval body declares that a structure must provide watertight flood-proofing before issuance of conditional use or variance, the applicant for said development approval will submit a plan or documents certified by a professional engineer and/or architect registered in the Commonwealth of Virginia, that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for that particular area.

(a)

Any owner or partial owner of estate or his agent and any real estate broker or his agent who contracts to sell or sells real estate subject to a floodplain regulation without first notifying in writing the buyer or his agent that such real estate is subject to flood plain regulation shall be in violation of this Zoning Ordinance and subject to penalties as established in section 35.2-102.

(b)

Flood plain regulation referred to in paragraph (a) above includes Zoning Ordinances, subdivision regulations and building codes which impose restrictions specifically related to flooding on the whole or a portion of the lands.

(a)

In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in section 35.2-12 (Variances and Appeals to the Board of Zoning Appeals) of this Zoning Ordinance and consider the following additional factors:

1.

The showing of good and sufficient cause.

2.

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

3.

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

4.

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

5.

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

6.

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

7.

The requirements of the facility for a waterfront location.

8.

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

9.

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

10.

The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.

11.

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

12.

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

13.

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

14.

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

(b)

The Board of Zoning Appeals may refer to 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.

(c)

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 100-year flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance.

Editor's note— Ord. No. O-25-021, adopted March 11, 2025, repealed § 35.2-59.17, which pertained to building permits in flood hazard district and derived from Code of 1981, § 35.2-59.17.