This article is adopted pursuant to the authority granted to localities by the Code of Virginia § 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:

(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 floodprone districts to be protected and/or floodproofed against flooding and flood damage.

(4)

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

(Ord. of 3-9-1995, § 1(12-281.1); Ord. No. O-2015-3, 7-9-2015)

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

Base flood elevation (BFE) means the Federal Emergency Management Agency designated 100-year water surface elevation, plus one foot.

Base flood/100-year flood means a flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year).

Basement means any area of the building having its floor subgrade (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 zoning administrator in the interpretation of this chapter.

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

Floodplain means any land area susceptible to being inundated by water from any source.

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 a designated height.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management.

Lowest floor means the lowest floor of the lowest enclosed area (including the basement).

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.

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

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. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1)

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

(3)

Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance 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 requirements of this article 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 article 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. of 3-9-1995, § 1(Div. II); Ord. No. O-2015-3, 7-9-2015)

Cross reference— Definitions generally, § 1-4.

The provisions of this article shall apply to all lands within the jurisdiction of the town and identified as being in the 100-year floodplain by the Federal Insurance Administration.

(Ord. of 3-9-1995, § 1(12-282.1))

(a)

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

(b)

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 restricted by debris. This article does not imply that districts outside the floodplain district, or that land uses permitted within such district, will be free from flooding or flood damages.

(c)

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

(Ord. of 3-9-1995, § 1(12-283.1))

This article supersedes any ordinance currently in effect in floodprone districts. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this article.

(Ord. of 3-9-1995, § 1(12-284.1))

(a)

Basis of districts. The floodplain district shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of the district shall be the 100-year flood elevations or profiles contained in the flood insurance study (FIS) and the accompanying flood insurance rate maps (FIRMs) for the town, prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated January 5, 1995, as amended. The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as zone A on the maps accompanying the flood insurance study. For these areas, the 100-year flood elevations and floodway information from federal, state and other acceptable sources shall be used, when available. Where the specific 100-year flood elevation cannot be determined for this area using other 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 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 thorough review by the town.

(b)

Overlay concept.

(1)

The floodplain district described in subsection (a) of this section shall be overlays to the existing underlying area, as shown on the official zoning ordinance map, and, as such, the provisions for the floodplain district shall serve as a supplement to the underlying district provisions.

(2)

In the event of any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

(3)

If 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.

(Ord. of 3-9-1995, § 1(12-286.1))

The boundaries of the floodplain district 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 town offices.

(Ord. of 3-9-1995, § 1(12-287.1))

The delineation of any of the floodplain district may be revised by the town council where natural or manmade 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.

(Ord. of 3-9-1995, § 1(12-288.1))

Initial interpretations of the boundaries of the floodplain district 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.

(Ord. of 3-9-1995, § 1(12-289.1))

All uses, activities and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code and chapter 82. Prior to the issuance of any such permit, the zoning officer shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch or any other drainage facility or system.

(Ord. of 3-9-1995, § 1(12-290.1(A)))

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. Army Corps of Engineers, the state department of environmental quality, and the state marine resources commission (a joint permit application is available from any of these organizations). Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the division of soil and water conservation (state department of conservation and recreation), and the Federal Insurance Administration.

(Ord. of 3-9-1995, § 1(12-290.1(B)))

Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

(Ord. of 3-9-1995, § 1(12-290.1(C)))

All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information:

(1)

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

(2)

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

(3)

The elevation of the 100-year flood.

(4)

Topographic information showing existing and proposed ground elevations.

(Ord. of 3-9-1995, § 1(12-290.1(D)))

Within any floodway area, no encroachments, including fill, new construction, substantial improvements or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year flood elevation.

(Ord. of 3-9-1995, § 1(12-290.1(E)))

Recreational vehicles placed on sites shall either:

(1)

Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use; or

(2)

Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes as contained in the Uniform Statewide Building Code.

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.

(Ord. of 3-9-1995, § 1(12-290.1(F)))

In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter 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 that will cause any increase in the 100-year 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 floodwaters 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)

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

(Ord. of 3-9-1995, § 1(Div. V))

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.

(Ord. of 3-9-1995, § 1(Div. V))

Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, and will not create nuisances, cause fraud or victimization of the public, or conflict with local laws or ordinances. Variances shall be issued only after the board of zoning appeals has determined that variance will be the minimum required to provide relief from any hardship to the applicant.

(Ord. of 3-9-1995, § 1(Div. V))

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 increases the risks to life and property and will result in increased premium rates for flood insurance.

(Ord. of 3-9-1995, § 1(Div. V))

A record shall be maintained of the notification in section 110-434 as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(Ord. of 3-9-1995, § 1(Div. V))

A structure or use of a structure or premises which lawfully existed before March 9, 1995, but which is not in conformity with the provisions of this article, may be continued, subject to the following conditions:

(1)

Existing structures in the floodway area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the 100-year flood elevation.

(2)

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

(3)

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

(Ord. of 3-9-1995, § 1(Div. VI))