- SPECIAL PUBLIC INTEREST REGULATIONS
This article 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 and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(a)
Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;
(b)
Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;
(c)
Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or flood-proofed against flooding and flood damage; and
(d)
Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
26.1-31-1. Abrogation and greater restrictions. This article supersedes any ordinances currently in effect in flood-prone areas; however, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive.
26.1-31-2. Application of article. The provisions of all other codes, ordinances, and regulations shall be applicable insofar as they are consistent with the provisions of this article and the municipality's need to minimize the hazardous conditions and property damage resulting from flooding occurrences. 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. Records of actions associated with administering this chapter shall be kept on file and maintained by the city building inspector.
26.1-31-3. Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings obstructed by debris. This article does not imply that areas outside the floodplain district or that land uses permitted within such district will be free from flooding or flood damage.
(b)
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes such as channel siltation, ice jams, and bridge openings restricted by debris. This article shall not create a liability on the city or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made there-under.
26.1-31-4-1. Land subject to flood.
(a)
The various floodplain districts shall include special flood hazard areas. The basis for the delineation of these districts shall be the Flood Insurance Study (FIS) and the Flood Insurance Rate Maps (FIRM) for the City of Norton and Wise County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated February 18, 2011, and any subsequent revisions or amendments thereto.
The boundaries of the special flood hazard area and floodplain districts are established as shown on the flood insurance rate map which is declared to be a part of this article and which shall be kept on file at the City of Norton offices.
(1)
The floodway district is delineated, for purposes of this article, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one hundred (100)-year flood without increasing the water surface elevation of that flood at any point. The areas included in this District are specifically defined in Table 6 of the above-referenced flood insurance study and shown on the accompanying flood insurance rate map.
In applying the provisions of this article, floodway zones shall be defined as those areas where a floodway has been delineated by the city's flood insurance study. Those areas include:
a.
Guest River;
b.
Clear Creek:
c.
Benges Branch;
d.
Bear Creek;
e.
Powell River.
(2)
The special floodplain district shall be those areas identified as an AE zone on the maps accompanying the flood insurance study for which one hundred (100)-year flood elevations have been provided.
(3)
The approximated floodplain district shall be those areas identified as an A or A99 Zone on the maps accompanying the flood insurance study. In these zones, no detailed flood profiles or elevations are provided, but the one hundred (100)-year floodplain boundary has been approximated. These areas delineated as approximated floodplain include:
a.
Bear Creek;
b.
Unnamed tributary to Benges Branch.
c.
Along small streams and watercourses, land lying within fifty (50) feet of the top of the bank of the channel unless the developer demonstrates to the satisfaction of the city engineer and the planning commission that the property in question is free from the danger of flooding.
(4)
The shallow flooding district shall be those areas identified as zone AO or AH on the maps accompanying the flood insurance study.
(b)
Initial interpretations of the boundaries of the floodplain districts shall be made by the zoning officer. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.
(c)
All uses, activities, and development occurring within the land subject to flood shall be undertaken only upon the issuance of a zoning and/or building permit. Such development shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code and the subdivision regulations, set out in this volume as Appendix A. Prior to the issuance of any such permit, the building inspector shall require all applications to include compliance with all applicable state and federal laws. Prior to the issuance of any such permit, the building inspector shall review all sites to assure they are reasonably safe from flooding.
(d)
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.
(e)
Prior to any proposed alteration or relocation of any channels or floodways of any watercourse, stream, etc. within the municipality, approval shall be obtained from the Division of Soil and Water Conservation of the Virginia Department of Conservation and Recreation. Further notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to the Division of Soil and Water Conservation of the Virginia Department of Conservation and Recreation, the State Department of Intergovernmental Affairs, and the Federal Insurance Administration.
(f)
A community'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, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.
(g)
The delineation of any of the floodplain districts may be revised by the City of Norton where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal insurance Administration.
26.1-31-4-2. Overlay Concept.
(a)
The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official zoning ordinance map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
(b)
If there is any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
(c)
In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.
26.1-31-5. Floodways established. In the floodway, no encroachments, including fill, new construction, substantial improvements or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic engineering practice that the proposed encroachment would not result in any increase in the one hundred (100) year flood elevation.
26.1-31-6. Permitted uses in floodways. In floodways the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying zone, are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials and equipment which would result in an increase in the flood levels of the base flood:
(a)
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;
(b)
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet ranges, and hunting and fishing areas;
(c)
Residential uses such as yard areas, gardens, play areas and parking areas;
(d)
Industrial and commercial uses such as yard areas, parking and loading areas, airport landing strips, etc.
26.1-31-7. Uses permitted by conditional use permit.
(a)
The following uses and activities may be permitted with a conditional use permit provided that they are in compliance with the provisions of the underlying district, are not prohibited by any other ordinance, and would not result in an increase in the flood levels of the base flood:
(1)
Small temporary structures generally considered necessary for the activities in section 26.1-31;
(2)
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses;
(3)
Water related uses and activities such as marinas, docks, wharves, piers, etc., if designed to minimize impact on and damage from flooding;
(4)
Extraction of sand, gravel and other materials;
(5)
Temporary uses such as circuses, carnivals, and similar activities;
(6)
Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning.
(b)
All uses, activities, and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in this and in all other applicable codes and ordinances and regulations.
26.1-31-8. Requirements for uses in the floodway.
(a)
No permit shall be issued for the construction or erection of any structure (temporary or permanent) including railroads, streets, bridges, and utility lines or for any development (temporary or permanent) within the floodway zone until the plans for such construction of the development have been submitted to the planning commission and approval is given in writing for such construction or development.
(b)
In the review of the plans submitted, the planning commission shall be guided by the following standards, keeping in mind that the purpose of the floodway zone is to prevent encroachment into the floodway which will increase flood heights or endanger life or property:
(1)
Any fill proposed to be deposited in the floodway must be shown to have some beneficial purposes and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plat submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. Such fill or other materials shall be protected against erosion by riprap, vegetative cover, and/or bulkheading.
(2)
Any development shall be in harmony with and not detrimental to the development permitted in the adjoining zones.
(3)
Any permitted structure or the filling of land shall be designed, placed and constructed on the property so as to offer the minimum obstruction to and effect on the flow of floodwaters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of floodflow, and so far as practicable, structures shall be placed approximately on the same floodflow lines as those of adjacent structures.
(4)
No new structure for human habitation, including manufactured homes and cabins, shall be permitted within any floodway zones. The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met.
(5)
The provisions of this chapter regarding nonconforming uses shall apply, provided that no nonconforming uses or structures located within the floodway zone shall be enlarged or expanded but may be modified, altered or repaired to incorporate floodproofing measures, provided such measures do not increase the level of the 100-year flood.
(6)
The following shall not be placed or caused to be placed in any designated floodway: fences except two-wire fences, dams, embankments, levees, dikes, abutments, fill bridge culverts, buildings, structures or matter in, along, across or projecting into the floodway which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the detriment of life or property.
(7)
Encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification such as hydrologic and hydraulic analyses (with supporting technical data) is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the planning commission and building inspector.
Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies with the City of Norton's endorsement for a conditional flood insurance rate map and floodway revision, and receives the approval of the Federal Emergency Management Agency.
(8)
If section 26.1-31-8 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section 26.1-31-11.
(c)
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Large floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as channel siltation, ice jams, and bridge openings restricted by debris. This article shall not create a liability on the city or any officer or employee thereof for any administrative decision lawfully made thereunder.
26.1-31-9. Special floodplain district requirements.
(a)
In the special floodplain district, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in this and all other applicable codes and ordinances.
(b)
Any development permitted shall be in harmony with and not detrimental to the development permitted in the adjoining zones.
(c)
Any permitted structure or the filling of land shall be designed, placed, and constructed on the property so as to offer the minimum obstruction to and effect of the flow of floodwaters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of the floodflow, and so far as practicable, structures shall be placed approximately on the same floodflow lines as those of adjacent structures.
(d)
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as channel siltation, ice jams, and bridge openings restricted by debris. This article shall not create a liability on the city or on any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
(e)
Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as zones A1—30 and AE 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 more than one (1) foot at any point within the city.
(f)
Development activities in zones A1—30, AE, and AH, on the City of Norton's Flood Insurance Rate Map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies—with the city's endorsement—for a conditional flood insurance rate map revision, and receives the approval of the Federal Emergency Management Agency.
26.1-31-10. Approximated floodplain district.
(a)
In the approximated floodplain district the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in this and all other applicable codes and ordinances.
(b)
For these areas, the one hundred (100)-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one hundred (100) year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Flood Plain Information Reports, U.S. Geological Survey Flood-prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. 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 through review by the governing body.
(c)
Any development permitted shall be in harmony with and not detrimental to the development permitted in the adjoining zones.
(d)
Any permitted structure or the filling of land shall be designed, placed, and constructed on the property so as to offer the minimum obstruction to and effect of the flow of floodwaters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of the floodflow, and so far as practicable, structures shall be placed approximately on the same floodflow lines as those of adjacent structures.
26.1-31-11. Shallow flooding district. The following provisions shall apply within the shallow flooding district:
(a)
All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the flood insurance rate map, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two (2) feet above the highest adjacent grade. When a freeboard is included in the height of a structure, the flood insurance premiums will be significantly cheaper.
(b)
All new construction and substantial improvements of non-residential structures shall:
(1)
Have the lowest floor, including basement, elevated to or above the flood depth specified on the flood insurance rate map, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade; or
(2)
Together with attendant utility and sanitary facilities be completely flood-proofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(c)
Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.
26.1-31-12. Standards for subdivision proposals.
(a)
All subdivision proposals shall be consistent with the need to minimize flood damage;
(b)
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(c)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and
(d)
Base flood elevation data shall be provided for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser.
26.1-31-13. Floodproofing requirements.
(a)
In order to prevent excess damage to buildings and structures due to conditions of flooding, the following restrictions shall apply to all new construction and to construction of substantial improvements to existing structures occurring in those areas subject to flooding:
(1)
Basements and lowest floors. All new construction and substantial improvements of residential structures must have the lowest floor (including basement) elevated to or above the base flood elevation. All new construction and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated to or above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water, and components having the capability of resisting hydrostatic and hydrodynamic loads and effects 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 building inspector.
(2)
Fill. If fill is used to raise the finish surface of the lowest floor above the base flood elevation:
a.
Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally fifty (50) feet beyond the building line from all points. For nonresidential structures, fill shall be placed to provide access acceptable for the intended use. At grade, access with fill extending laterally fifteen (15) feet beyond the building line shall be provided to a minimum of twenty-five (25) percent of the perimeter of a nonresidential structure.
b.
Fill shall consist of soil or rock materials only. Material from sanitary landfills shall not be permitted.
c.
Fill material shall be compacted to provide the necessary stability and resistance to erosion, scouring or settling.
d.
Fill slopes shall be no steeper than one (1) vertical on two (2) horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the building inspector.
e.
Fill shall be used only to the extent to which it does not adversely affect adjacent properties.
(3)
Placement of buildings, structures, manufactured homes, and recreational vehicles.
a.
All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
b.
Manufactured homes. Manufactured homes that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
c.
Recreational vehicles. Recreational vehicles placed on sites shall either:
1.
Be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions);
2.
Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in section 26.1-31-13(a)(3)b. above.
(4)
Anchoring.
a.
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse and lateral movement, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.
b.
All air ducts, large pipes and storage tanks located at or below the base flood elevation shall be firmly anchored to resist flotation.
c.
All manufactured homes and any additions thereto shall be anchored to resist flotation, collapse, and lateral movement. Methods of anchoring may include but not be limited to over-the-top and frame ties to ground anchors. Specifically:
1.
Over-the-top ties shall be provided at each of the four (4) corners of the manufactured homes, with two (2) additional ties per side at intermediate locations and manufactured homes more than fifty (50) feet long shall require four (4) additional ties per side.
2.
Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points, with manufactured homes more than fifty (50) feet long requiring four (4) additional ties per side.
3.
All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds.
(5)
New construction and substantial improvements. In order to prevent excessive damage to buildings, structures, or utilities due to flooding, the following restrictions shall apply to all new construction and to all substantial improvements to existing buildings or structures located in areas subject to flood:
a.
The location of electrical equipment, circuits, and installed electrical appliances in a manner which will ensure that such are not subject to flooding from the 100-year flood;
b.
The use of construction materials and techniques to resist wall or foundation rupture or collapse caused by water pressure or floating debris;
c.
The use of paints, membranes, or mortars to reduce seepage of water through walls;
d.
The installation of valves or controls on sanitary sewer lines which will permit the drains to be automatically closed to prevent the backup of sewage into buildings or structures;
e.
The use of construction materials that are resistant to damage resulting from inundation by water;
f.
All new or replacement water supply systems, sanitary sewer systems, gas distribution systems, electrical distribution systems, and all attendant facilities, whether public or private, proposed to be located in areas subject to flood shall be elevated or floodproofed to a height at or above the level of the 100-year flood.
g.
In Zones A, AO, AE, and A1—30, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:
1.
Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding.
2.
The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding.
3.
If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.
4.
The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade.
5.
Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.
6.
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.
(6)
Existing structures in floodplain areas. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:
a.
Existing structures in the Floodway Area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation.
b.
Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any flood plain areas to an extent or amount of less than fifty (50) percent of its market value shall conform to the VA USBC.
c.
The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the VA USBC.
26.1-31-14. Site plan requirements. The building inspector shall require the following specific information to be included as part of an application for a building permit for new construction or substantial improvements to existing structures within areas subject to flood. Copies of all federal and state permits are required for construction of the facilities shown on the building permit.
(a)
For structures to be elevated to secure a flood elevation at or above the level of the 100-year flood:
(1)
A site plan showing the boundaries of the property and the location and size of the proposed structure.
(2)
Topographic information showing existing ground elevations, proposed ground elevations, flood elevation certified by a registered professional engineer or architect.
(3)
Plans showing the method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations, erosions, protection measures, etc., when required by the building inspector. These plans shall be prepared by a registered professional engineer or architect.
(4)
Detailed plans showing the methods used to protect utilities (including sewer, water, gas, telephone, electric, etc.) from flooding to an elevation at or above the level of the 100-year flood.
(b)
For structures to be floodproofed to an elevation at or above the level of the 100-year flood (nonresidential structures only):
(1)
A site plan showing the boundaries of the property and the location and size of the proposed structure.
(2)
Topographic information showing existing ground elevations, proposed ground elevations, lowest floor elevations, floodproofing limits, certified by a registered professional engineer, architect or land surveyor.
(3)
Detailed plans of floodproofing measures prepared by a registered professional engineer or architect certifying that the structure, together with attendant utility and sanitary facilities, is designed so that:
a.
Below the elevation of the level of the 100-year flood the structure is watertight with walls substantially impermeable to the passage of water;
b.
The structure will withstand the hydrostatic, hydrodynamic, buoyant, impact or other forces resulting from the flood depths, velocities, pressures, debris and other factors associated with the 100-year flood conditions at the site.
c.
Whenever a developer proposes to offset the effects of development in the floodway, or intends to alter or relocate a watercourse anywhere else in the land subject to flood, the developer shall notify in writing by certified mail to all adjacent communities and the state water control board of all such intended activities prior to any alteration or relocation of the watercourse, and shall submit copies of such notifications to the federal insurance administrator. The developer shall also assure the city in writing, that the flood-carrying capacity within the altered or relocated portion of the watercourse in question will be maintained.
(Ord. of 1-5-16, § 1(Exh. A)
- SPECIAL PUBLIC INTEREST REGULATIONS
This article 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 and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(a)
Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;
(b)
Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;
(c)
Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or flood-proofed against flooding and flood damage; and
(d)
Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
26.1-31-1. Abrogation and greater restrictions. This article supersedes any ordinances currently in effect in flood-prone areas; however, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive.
26.1-31-2. Application of article. The provisions of all other codes, ordinances, and regulations shall be applicable insofar as they are consistent with the provisions of this article and the municipality's need to minimize the hazardous conditions and property damage resulting from flooding occurrences. 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. Records of actions associated with administering this chapter shall be kept on file and maintained by the city building inspector.
26.1-31-3. Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings obstructed by debris. This article does not imply that areas outside the floodplain district or that land uses permitted within such district will be free from flooding or flood damage.
(b)
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes such as channel siltation, ice jams, and bridge openings restricted by debris. This article shall not create a liability on the city or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made there-under.
26.1-31-4-1. Land subject to flood.
(a)
The various floodplain districts shall include special flood hazard areas. The basis for the delineation of these districts shall be the Flood Insurance Study (FIS) and the Flood Insurance Rate Maps (FIRM) for the City of Norton and Wise County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated February 18, 2011, and any subsequent revisions or amendments thereto.
The boundaries of the special flood hazard area and floodplain districts are established as shown on the flood insurance rate map which is declared to be a part of this article and which shall be kept on file at the City of Norton offices.
(1)
The floodway district is delineated, for purposes of this article, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one hundred (100)-year flood without increasing the water surface elevation of that flood at any point. The areas included in this District are specifically defined in Table 6 of the above-referenced flood insurance study and shown on the accompanying flood insurance rate map.
In applying the provisions of this article, floodway zones shall be defined as those areas where a floodway has been delineated by the city's flood insurance study. Those areas include:
a.
Guest River;
b.
Clear Creek:
c.
Benges Branch;
d.
Bear Creek;
e.
Powell River.
(2)
The special floodplain district shall be those areas identified as an AE zone on the maps accompanying the flood insurance study for which one hundred (100)-year flood elevations have been provided.
(3)
The approximated floodplain district shall be those areas identified as an A or A99 Zone on the maps accompanying the flood insurance study. In these zones, no detailed flood profiles or elevations are provided, but the one hundred (100)-year floodplain boundary has been approximated. These areas delineated as approximated floodplain include:
a.
Bear Creek;
b.
Unnamed tributary to Benges Branch.
c.
Along small streams and watercourses, land lying within fifty (50) feet of the top of the bank of the channel unless the developer demonstrates to the satisfaction of the city engineer and the planning commission that the property in question is free from the danger of flooding.
(4)
The shallow flooding district shall be those areas identified as zone AO or AH on the maps accompanying the flood insurance study.
(b)
Initial interpretations of the boundaries of the floodplain districts shall be made by the zoning officer. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.
(c)
All uses, activities, and development occurring within the land subject to flood shall be undertaken only upon the issuance of a zoning and/or building permit. Such development shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code and the subdivision regulations, set out in this volume as Appendix A. Prior to the issuance of any such permit, the building inspector shall require all applications to include compliance with all applicable state and federal laws. Prior to the issuance of any such permit, the building inspector shall review all sites to assure they are reasonably safe from flooding.
(d)
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.
(e)
Prior to any proposed alteration or relocation of any channels or floodways of any watercourse, stream, etc. within the municipality, approval shall be obtained from the Division of Soil and Water Conservation of the Virginia Department of Conservation and Recreation. Further notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to the Division of Soil and Water Conservation of the Virginia Department of Conservation and Recreation, the State Department of Intergovernmental Affairs, and the Federal Insurance Administration.
(f)
A community'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, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.
(g)
The delineation of any of the floodplain districts may be revised by the City of Norton where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal insurance Administration.
26.1-31-4-2. Overlay Concept.
(a)
The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official zoning ordinance map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
(b)
If there is any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
(c)
In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.
26.1-31-5. Floodways established. In the floodway, no encroachments, including fill, new construction, substantial improvements or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic engineering practice that the proposed encroachment would not result in any increase in the one hundred (100) year flood elevation.
26.1-31-6. Permitted uses in floodways. In floodways the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying zone, are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials and equipment which would result in an increase in the flood levels of the base flood:
(a)
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;
(b)
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet ranges, and hunting and fishing areas;
(c)
Residential uses such as yard areas, gardens, play areas and parking areas;
(d)
Industrial and commercial uses such as yard areas, parking and loading areas, airport landing strips, etc.
26.1-31-7. Uses permitted by conditional use permit.
(a)
The following uses and activities may be permitted with a conditional use permit provided that they are in compliance with the provisions of the underlying district, are not prohibited by any other ordinance, and would not result in an increase in the flood levels of the base flood:
(1)
Small temporary structures generally considered necessary for the activities in section 26.1-31;
(2)
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses;
(3)
Water related uses and activities such as marinas, docks, wharves, piers, etc., if designed to minimize impact on and damage from flooding;
(4)
Extraction of sand, gravel and other materials;
(5)
Temporary uses such as circuses, carnivals, and similar activities;
(6)
Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning.
(b)
All uses, activities, and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in this and in all other applicable codes and ordinances and regulations.
26.1-31-8. Requirements for uses in the floodway.
(a)
No permit shall be issued for the construction or erection of any structure (temporary or permanent) including railroads, streets, bridges, and utility lines or for any development (temporary or permanent) within the floodway zone until the plans for such construction of the development have been submitted to the planning commission and approval is given in writing for such construction or development.
(b)
In the review of the plans submitted, the planning commission shall be guided by the following standards, keeping in mind that the purpose of the floodway zone is to prevent encroachment into the floodway which will increase flood heights or endanger life or property:
(1)
Any fill proposed to be deposited in the floodway must be shown to have some beneficial purposes and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plat submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. Such fill or other materials shall be protected against erosion by riprap, vegetative cover, and/or bulkheading.
(2)
Any development shall be in harmony with and not detrimental to the development permitted in the adjoining zones.
(3)
Any permitted structure or the filling of land shall be designed, placed and constructed on the property so as to offer the minimum obstruction to and effect on the flow of floodwaters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of floodflow, and so far as practicable, structures shall be placed approximately on the same floodflow lines as those of adjacent structures.
(4)
No new structure for human habitation, including manufactured homes and cabins, shall be permitted within any floodway zones. The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met.
(5)
The provisions of this chapter regarding nonconforming uses shall apply, provided that no nonconforming uses or structures located within the floodway zone shall be enlarged or expanded but may be modified, altered or repaired to incorporate floodproofing measures, provided such measures do not increase the level of the 100-year flood.
(6)
The following shall not be placed or caused to be placed in any designated floodway: fences except two-wire fences, dams, embankments, levees, dikes, abutments, fill bridge culverts, buildings, structures or matter in, along, across or projecting into the floodway which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the detriment of life or property.
(7)
Encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification such as hydrologic and hydraulic analyses (with supporting technical data) is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the planning commission and building inspector.
Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies with the City of Norton's endorsement for a conditional flood insurance rate map and floodway revision, and receives the approval of the Federal Emergency Management Agency.
(8)
If section 26.1-31-8 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section 26.1-31-11.
(c)
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Large floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as channel siltation, ice jams, and bridge openings restricted by debris. This article shall not create a liability on the city or any officer or employee thereof for any administrative decision lawfully made thereunder.
26.1-31-9. Special floodplain district requirements.
(a)
In the special floodplain district, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in this and all other applicable codes and ordinances.
(b)
Any development permitted shall be in harmony with and not detrimental to the development permitted in the adjoining zones.
(c)
Any permitted structure or the filling of land shall be designed, placed, and constructed on the property so as to offer the minimum obstruction to and effect of the flow of floodwaters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of the floodflow, and so far as practicable, structures shall be placed approximately on the same floodflow lines as those of adjacent structures.
(d)
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as channel siltation, ice jams, and bridge openings restricted by debris. This article shall not create a liability on the city or on any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
(e)
Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as zones A1—30 and AE 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 more than one (1) foot at any point within the city.
(f)
Development activities in zones A1—30, AE, and AH, on the City of Norton's Flood Insurance Rate Map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies—with the city's endorsement—for a conditional flood insurance rate map revision, and receives the approval of the Federal Emergency Management Agency.
26.1-31-10. Approximated floodplain district.
(a)
In the approximated floodplain district the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in this and all other applicable codes and ordinances.
(b)
For these areas, the one hundred (100)-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one hundred (100) year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Flood Plain Information Reports, U.S. Geological Survey Flood-prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. 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 through review by the governing body.
(c)
Any development permitted shall be in harmony with and not detrimental to the development permitted in the adjoining zones.
(d)
Any permitted structure or the filling of land shall be designed, placed, and constructed on the property so as to offer the minimum obstruction to and effect of the flow of floodwaters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of the floodflow, and so far as practicable, structures shall be placed approximately on the same floodflow lines as those of adjacent structures.
26.1-31-11. Shallow flooding district. The following provisions shall apply within the shallow flooding district:
(a)
All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the flood insurance rate map, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two (2) feet above the highest adjacent grade. When a freeboard is included in the height of a structure, the flood insurance premiums will be significantly cheaper.
(b)
All new construction and substantial improvements of non-residential structures shall:
(1)
Have the lowest floor, including basement, elevated to or above the flood depth specified on the flood insurance rate map, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade; or
(2)
Together with attendant utility and sanitary facilities be completely flood-proofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(c)
Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.
26.1-31-12. Standards for subdivision proposals.
(a)
All subdivision proposals shall be consistent with the need to minimize flood damage;
(b)
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(c)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and
(d)
Base flood elevation data shall be provided for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser.
26.1-31-13. Floodproofing requirements.
(a)
In order to prevent excess damage to buildings and structures due to conditions of flooding, the following restrictions shall apply to all new construction and to construction of substantial improvements to existing structures occurring in those areas subject to flooding:
(1)
Basements and lowest floors. All new construction and substantial improvements of residential structures must have the lowest floor (including basement) elevated to or above the base flood elevation. All new construction and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated to or above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water, and components having the capability of resisting hydrostatic and hydrodynamic loads and effects 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 building inspector.
(2)
Fill. If fill is used to raise the finish surface of the lowest floor above the base flood elevation:
a.
Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally fifty (50) feet beyond the building line from all points. For nonresidential structures, fill shall be placed to provide access acceptable for the intended use. At grade, access with fill extending laterally fifteen (15) feet beyond the building line shall be provided to a minimum of twenty-five (25) percent of the perimeter of a nonresidential structure.
b.
Fill shall consist of soil or rock materials only. Material from sanitary landfills shall not be permitted.
c.
Fill material shall be compacted to provide the necessary stability and resistance to erosion, scouring or settling.
d.
Fill slopes shall be no steeper than one (1) vertical on two (2) horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the building inspector.
e.
Fill shall be used only to the extent to which it does not adversely affect adjacent properties.
(3)
Placement of buildings, structures, manufactured homes, and recreational vehicles.
a.
All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
b.
Manufactured homes. Manufactured homes that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
c.
Recreational vehicles. Recreational vehicles placed on sites shall either:
1.
Be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions);
2.
Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in section 26.1-31-13(a)(3)b. above.
(4)
Anchoring.
a.
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse and lateral movement, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.
b.
All air ducts, large pipes and storage tanks located at or below the base flood elevation shall be firmly anchored to resist flotation.
c.
All manufactured homes and any additions thereto shall be anchored to resist flotation, collapse, and lateral movement. Methods of anchoring may include but not be limited to over-the-top and frame ties to ground anchors. Specifically:
1.
Over-the-top ties shall be provided at each of the four (4) corners of the manufactured homes, with two (2) additional ties per side at intermediate locations and manufactured homes more than fifty (50) feet long shall require four (4) additional ties per side.
2.
Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points, with manufactured homes more than fifty (50) feet long requiring four (4) additional ties per side.
3.
All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds.
(5)
New construction and substantial improvements. In order to prevent excessive damage to buildings, structures, or utilities due to flooding, the following restrictions shall apply to all new construction and to all substantial improvements to existing buildings or structures located in areas subject to flood:
a.
The location of electrical equipment, circuits, and installed electrical appliances in a manner which will ensure that such are not subject to flooding from the 100-year flood;
b.
The use of construction materials and techniques to resist wall or foundation rupture or collapse caused by water pressure or floating debris;
c.
The use of paints, membranes, or mortars to reduce seepage of water through walls;
d.
The installation of valves or controls on sanitary sewer lines which will permit the drains to be automatically closed to prevent the backup of sewage into buildings or structures;
e.
The use of construction materials that are resistant to damage resulting from inundation by water;
f.
All new or replacement water supply systems, sanitary sewer systems, gas distribution systems, electrical distribution systems, and all attendant facilities, whether public or private, proposed to be located in areas subject to flood shall be elevated or floodproofed to a height at or above the level of the 100-year flood.
g.
In Zones A, AO, AE, and A1—30, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:
1.
Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding.
2.
The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding.
3.
If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.
4.
The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade.
5.
Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.
6.
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.
(6)
Existing structures in floodplain areas. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:
a.
Existing structures in the Floodway Area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation.
b.
Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any flood plain areas to an extent or amount of less than fifty (50) percent of its market value shall conform to the VA USBC.
c.
The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the VA USBC.
26.1-31-14. Site plan requirements. The building inspector shall require the following specific information to be included as part of an application for a building permit for new construction or substantial improvements to existing structures within areas subject to flood. Copies of all federal and state permits are required for construction of the facilities shown on the building permit.
(a)
For structures to be elevated to secure a flood elevation at or above the level of the 100-year flood:
(1)
A site plan showing the boundaries of the property and the location and size of the proposed structure.
(2)
Topographic information showing existing ground elevations, proposed ground elevations, flood elevation certified by a registered professional engineer or architect.
(3)
Plans showing the method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations, erosions, protection measures, etc., when required by the building inspector. These plans shall be prepared by a registered professional engineer or architect.
(4)
Detailed plans showing the methods used to protect utilities (including sewer, water, gas, telephone, electric, etc.) from flooding to an elevation at or above the level of the 100-year flood.
(b)
For structures to be floodproofed to an elevation at or above the level of the 100-year flood (nonresidential structures only):
(1)
A site plan showing the boundaries of the property and the location and size of the proposed structure.
(2)
Topographic information showing existing ground elevations, proposed ground elevations, lowest floor elevations, floodproofing limits, certified by a registered professional engineer, architect or land surveyor.
(3)
Detailed plans of floodproofing measures prepared by a registered professional engineer or architect certifying that the structure, together with attendant utility and sanitary facilities, is designed so that:
a.
Below the elevation of the level of the 100-year flood the structure is watertight with walls substantially impermeable to the passage of water;
b.
The structure will withstand the hydrostatic, hydrodynamic, buoyant, impact or other forces resulting from the flood depths, velocities, pressures, debris and other factors associated with the 100-year flood conditions at the site.
c.
Whenever a developer proposes to offset the effects of development in the floodway, or intends to alter or relocate a watercourse anywhere else in the land subject to flood, the developer shall notify in writing by certified mail to all adjacent communities and the state water control board of all such intended activities prior to any alteration or relocation of the watercourse, and shall submit copies of such notifications to the federal insurance administrator. The developer shall also assure the city in writing, that the flood-carrying capacity within the altered or relocated portion of the watercourse in question will be maintained.
(Ord. of 1-5-16, § 1(Exh. A)