The purpose of this article is to establish use, dimensional requirements, and other special requirements for each zoning district.

(Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(a)

The purpose of the RA District is to provide for the continued use of agriculturally productive lands. Uses and standards in this district are intended to preserve and protect agricultural lands by maintaining a low population density and a rural character of development.

(b)

The purposes of the R-12, R-7, R-5, R-3, and RM-1 districts are to provide a range of housing options and to provide opportunities for compatible home-based entrepreneurship. Dimensional and supplemental regulations implement standards that control building form building placement and other characteristics of development. These districts cover the majority of the City's land area and contain most of Roanoke's housing supply.

(c)

The purpose of the RM-2 district is to provide for all housing types with an emphasis on townhouses, cottage courts, and apartment buildings. This district is generally mapped in areas near or adjacent to neighborhood and other commercial centers, but also may be applied to existing apartment buildings in neighborhood contexts.

(d)

The purpose of the RMF District is to provide for unified development of ten (10) or more dwellings.

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 39495, § 1, 9-4-12; Ord. No. 40088, § 1, 10-20-14; Ord. No. 40296, § 1, 7-6-15; Ord. No. 40370, § 1, 10-19-15; Ord. No. 40710, § 1, 12-5-16; Ord. No. 41173, § 1, 6-18-18; Ord. No. 41370, § 1, 1-22-19; Ord. No. 41817, § 1, 7-20-20; Ord. No. 41918, § 1, 11-16-20; Ord. No. 42205, § 1, 11-15-21; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 40088, § 1, 10-20-14; Ord. No. 40296, § 1, 7-6-15; Ord. No. 40710, § 1, 12-5-16; Ord. No. 41370, § 1, 1-22-19; Ord. No. 42205, § 1, 11-15-21; Ord. No. 42902, § 1, 3-18-24)

To determine the established front yard in the table below, the Zoning Administrator shall consider only the following lot or lots: (1) a lot or lots on which there is a principal structure on the same block face, and (2) up to one (1) lot on each side of a subject property which is closest to the subject property. However, no lot being used to determine the established front yard shall be an outlier. An outlier shall be any yard depth that deviates by more than twenty (20) percent from the average yard depth on the block face, not including the outlier or outliers. In such instances, the Zoning Administrator shall determine the most shallow established front yard to be equal to such average depth.

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 40088, § 1, 10-20-14; Ord. No. 40710, § 1, 12-5-16)

(a)

The purpose of the MX District is to accommodate residential uses and low-intensity, small scale commercial uses. Dimensional regulations implement neighborhood design principles for urban neighborhoods by controlling building size and building placement. The regulations of the district are intended to protect the character and scale of such a mixed-use development pattern by permitting low-intensity development at a scale that recognizes and respects residential patterns of development.

(b)

The purpose of the CN District is to encourage a concentration of neighborhood-scaled retail, office, and service uses, in clearly defined, compact areas in close proximity to residential neighborhoods. The regulations of the district are intended to control the scale of nonresidential buildings in a manner that makes them compatible with and appropriate for surrounding residential areas and to encourage a development pattern that consists of ground floor commercial uses with offices and residential uses on the upper floor levels. The district is intended to promote pedestrian-oriented development, with buildings located close to the street, pedestrian-scaled signage, main entrances oriented to the street frontage sidewalk, windows or display cases along building façades which face the street, and significant building coverage of the site. Although parking areas may be provided, they are generally limited in size and are deemphasized by their location on the site.

(c)

The purpose of the CG District is to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating parking to the side and rear of buildings and minimizing conflict through landscaping and signage standards. The uses permitted in this district generally require a high volume of traffic along the frontage of the establishment and include horizontally oriented buildings. Such permitted uses include general retail establishments, offices, service establishments, motor vehicle related sales and service, eating establishments, and entertainment uses. The CG District is also intended to accommodate travel-oriented uses such as hotels, motels, and gasoline stations.

(d)

The purpose of the CLS District is to accommodate multiple buildings and uses that are large in scale and generally characterized by multiple tenants or uses on a single zoning lot which share common parking, curb cuts, driveways, and access to and from streets. These uses and areas are heavily dependent on the motor vehicle and tend to result in large parking areas and outdoor display of merchandise. CLS District uses include large motor vehicle sales and service establishments and community and regional shopping centers. The district standards provide for landscaped buffers to minimize the impact of CLS uses on surrounding areas.

(e)

The purpose of the D District is to permit a wide variety of uses and relatively intense development in the downtown, consistent with historic development patterns, in a manner that protects and enhances the business and cultural center of the City and region. Toward that end, the Downtown District is intended to accomplish the following:

(1)

Facilitate pedestrian ways and create a convenient and harmonious development of buildings, streets, and open space;

(2)

Protect and enhance the public interest in downtown as a source of economic vitality, the retention and creation of jobs, and tax revenue;

(3)

Protect existing investment in downtown, to protect against the demolition of downtown's historic buildings, to promote activity on public streets, and to protect amenities provided through public investment; and

(4)

Provide for a mix of high density residential, commercial, retail, government services, entertainment and cultural facilities, and live/work space.

(f)

The purpose of the IN District is to provide standards for the accommodation of institutional developments on zoning lots of five (5) acres or less in order to achieve the following specific purposes:

(1)

Recognize the unique needs of institutional uses and their relationship with neighboring land uses;

(2)

Reduce traffic congestion, provide adequate parking, and promote pedestrian linkages;

(3)

Facilitate the creation of a convenient and harmonious development of buildings, parking, and open spaces for individual institutional uses;

(4)

Ensure the proper functioning of such institutional uses; and

(5)

Minimize the potential for adverse impacts of institutional uses on adjacent land uses.

(g)

The purpose of the ROS District is to recognize and enhance active park and recreation lands, passive open spaces, and significant natural and scenic features by encouraging these areas to protect unique land resources from degradation, consistent with the recommendations of the City's Comprehensive Plan. It is further intended to prevent the encroachment of incompatible land uses, while permitting limited construction within open space areas which is supportive of their function and which promotes their use and enjoyment.

(h)

The purpose of the UF District is to promote high intensity, mixed use development that is economically viable, pedestrian oriented, attractive and harmonious, and contributes to the place-making character of the City. The district is designed to provide new development and redevelopment opportunities in the form of mixed use structures that offer a wide range of complementary land uses. This special purpose district is intended to be applied to underperforming urban industrial areas that have sufficient infrastructure to support mixed use development. The district provides for a mix of small scale industrial, commercial, institutional, and residential uses.

(i)

The purpose of the Urban Center District is to permit a mixture of retail, office, residential, and light industrial uses in a concentrated pedestrian-friendly area outside of Downtown. The streets form an interconnected grid and accommodate multiple modes of transportation: pedestrian, bicycles, transit, automobiles. Buildings are located adjacent to the sidewalk and often adjoin each other. Parking is generally concentrated in parking structures or is located to the side or rear of principal buildings. Toward that end, the Urban Center District is intended to accomplish the following:

(1)

Facilitate pedestrian ways and create a convenient and harmonious development of buildings, streets, and open space;

(2)

Promote activity on public streets and to protect amenities provided through public investment; and

(3)

Provide for a mix of high density residential, commercial, retail, government services, entertainment and cultural facilities, and live/work space.

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 39495, § 1, 9-4-12; Ord. No. 40088, § 1, 10-20-14; Ord. No. 40296, § 1, 7-6-15; Ord. No. 40710, § 1, 12-5-16; Ord. No. 41173, § 1, 6-18-18; Ord. No. 41370, § 1, 1-22-19; Ord. No. 41817, § 1, 7-20-20; Ord. No. 41918, § 1, 11-16-20; Ord. No. 42205, § 1, 11-15-21; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 39495, § 1, 9-4-12; Ord. No. 40296, § 1, 7-6-15; Ord. No. 40710, § 1, 12-5-16; Ord. No. 41173, § 1, 6-18-18; Ord. No. 41370, § 1, 1-22-19; Ord. No. 42205, § 1, 11-15-21; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

In districts where indicated as applicable in Section 36.2-316, a building may be exempted from the maximum front yard requirement set forth in Table 205-2 of this chapter, if a civic space accessible to the general public is provided along the entire frontage(s) where the maximum frontage would otherwise be applicable. Such civic space shall meet these requirements:

(a)

The civic space shall be provided in the area between the street frontage and any portion of a building that does not meet a required maximum front yard.

(b)

Eighty-five (85) percent of the total civic space shall be directly accessible to and visible from the abutting street where the maximum front yard applies, but in no instance more than three (3) feet above or below the level of the adjoining right-of-way. Walls higher than three (3) feet are not permitted along that portion of frontage that is needed for access to the civic space. Required entryways and steps into the civic space shall be at least fifteen (15) feet wide. Steps must have a maximum riser height of six (6) inches and a minimum tread depth of twelve (12) inches.

(c)

At least forty (40) percent of the civic space shall consist of an open plaza or courtyard.

(d)

At least twenty (20) percent of the civic space shall consist of spaces adjacent to the open plaza/courtyard with seating. One (1) linear foot of seating for each fifty (50) square feet of plaza or courtyard must be provided. Movable chairs will count for thirty (30) inches of linear seating per chair.

(e)

At least thirty (30) percent of the civic space shall consist of landscaped area. Such area shall include one (1) large deciduous tree for each five hundred (500) square feet of landscaped area or portion thereof up to two thousand (2,000) square feet. One (1) additional large deciduous tree shall be required for each additional one thousand (1,000) square feet of civic space. One (1) deciduous or evergreen shrub shall be provided for each ten (10) square feet of landscaped area with vegetative ground cover or one (1) square foot of planted bed for each ten (10) square feet of landscaped area with vegetative ground cover on remaining space.

(f)

Two (2) of the following amenities shall be provided within the civic space: ornamental fountains, waterfalls, sculpture, art, performance spaces, monuments, or trellises.

(g)

The civic yard space must provide access from the abutting right-of-way to a primary entrance.

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 39495, § 1, 9-4-12; Ord. No. 40088, § 1, 10-20-14)

In districts where indicated as applicable in Section 36.2-316, designated pedestrian pathways of a minimum unobstructed width of five (5) feet shall be provided and clearly defined from the public sidewalk, or the public right-of-way where there is no public sidewalk, to the public entrance of any principal building. Such pedestrian pathways shall be handicapped accessible, surfaced with concrete, asphalt, bituminous pavement, brick or stone pavers, or a permeable pavement system, and shall be distinguished and separated from driveways and parking spaces by landscaping, berms, barriers, grade separation or other means to protect pedestrians from vehicular traffic. Where any such walkway crosses a motor vehicle travel lane, raised crosswalks shall be provided.

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 40710, § 1, 12-5-16)

(a)

Building placement and façade transparency requirements for each lot type.

Table 319-1. Building Placement and Façade Transparency Requirements

(b)

For corner and through lots, the primary street frontage shall be determined by the Zoning Administrator based on the classification of the street (local, collector, or arterial) from the Roanoke's Street Hierarchy Map in the City of Roanoke Street Design Guidelines. The street with the most intensive classification shall be determined to be the primary street. Arterial streets are considered the most intensive classification and local streets the least intensive. The Zoning Administrator may determine an alternative primary street frontage based on:

(1)

Actual traffic counts provided by the Virginia Department of Transportation, the City of Roanoke, or the developer of a project through a documented traffic study.

(2)

Orientation of other buildings along the adjacent street frontages.

(3)

Specific direction from a City Council adopted neighborhood plan, area plan, or corridor plan.

(c)

For purposes of calculating the minimum façade transparency, the overall area of a façade shall be calculated as identified below for ground and upper floors. The minimum required transparency shall then be calculated by applying the minimum façade transparency percentages from Section 36.2-316 to the calculated overall façade.

(1)

Ground floor. The linear width of the ground floor façade multiplied by an assumed height of ten (10) feet.

(2)

Upper floors. The linear width of the upper floor multiplied by an assumed height of eight (8) feet.

(d)

A primary entrance shall be located within the required minimum and maximum front yards, with the threshold located at the grade of the adjacent sidewalk or at the adjacent grade when not abutting a sidewalk. Such primary entrance shall be accessible during normal business hours to employees and customers/patrons of the building occupant.

Exceptions:

(1)

Where building placement is established according to the civic space yard option, a primary entrance shall abut the civic space yard with the entrance threshold located at the grade of the abutting civic space yard.

(2)

The primary entrance in the MX or IN District may be above the finished grade of the adjacent sidewalk or adjacent grade of the site.

(e)

Arrangement of transparency on a façade facing a primary street frontage.

(1)

At least sixty (60) percent of the specified ground floor transparency shall be located within a horizontal zone of the façade located between two (2) feet and eight (8) feet above the finished floor elevation where the primary entrance is located. Such transparency shall begin at a height no greater than three (3) feet above the finished floor elevation of the primary entrance.

(2)

Transparency shall be arranged so that no more than twenty (20) linear feet of ground floor building façade is void of transparency.

(3)

No more than thirty (30) percent of the required transparent area between two (2) feet and eight (8) feet in height above the finished floor elevation of the primary entrance may be covered by opaque or semiopaque materials, such as window or door signs or tinting.

(4)

No wall or other permanent visual obstruction shall be located within twenty-four (24) inches of the interior of the specified transparent area. Merchandise displays facing the street or operable blinds, shades, or curtains shall not be considered permanent visual obstructions.

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 39495, § 1, 9-4-12; Ord. No. 40088, § 1, 10-20-14; Ord. No. 40710, § 1, 12-5-16)

(a)

The purpose of the I-1 District is to provide for a range of wholesale, warehousing, distribution, storage, repair and service, assembly or processing, fabrication or manufacturing, accessory commercial and office uses, intensive commercial uses, and other types of uses such as flex space. The regulations of the I-1 District are intended to mitigate conflict between adjacent uses within the district and to protect neighboring nonindustrial districts and uses.

(b)

The purpose of the I-2 District is to provide for a range of intensive industrial uses, including manufacturing, assembly, fabrication, bulk storage, and processing as well as limited, closely related support commercial uses. The I-2 District regulations are intended to protect other districts from the potentially harmful effects of permitted I-2 uses.

(Ord. No. 39122, § 1, 5-16-11)

(a)

The purpose of the AD District is to permit and encourage the development of uses dependent on or related to air transportation in the areas in and around the Roanoke Regional Airport. Such uses support airport functions, are dependent on air transportation, are unlikely to pose a threat to flights or airport operations, or are less sensitive to airport operations than most commercial or industrial uses. The AD District is intended to provide space for the efficient layout and operation of Roanoke Regional Airport, including facilities for commercial airline operations, air cargo, general aviation, and an appropriate range of retail and service uses that serve airport customers, and to permit transportation-related and operations-related activities, large-scale research and development and office uses, and certain manufacturing uses in the immediate vicinity of the airport that are compatible with or supportive of the airport facilities whether or not directly airport related.

(b)

Applicability.

(1)

The AD District shall apply to those properties owned by the Roanoke Regional Airport Commission and certain properties immediately adjacent to and in the vicinity of the airport that should be used for airport-supportive or airport-related uses.

(2)

The development of properties in the AD District that are owned by the Roanoke Regional Airport Commission and are contiguous to one another shall be exempt from the following regulations:

(A)

The dimensional standards set forth in Section 36.2-323;

(B)

The sign regulations set forth in Article 6, Division 6, of this chapter; and

(C)

The landscaping and screening regulations set forth in Article 6, Division 4, of this chapter.

(3)

Nothing in this Subsection shall be construed to exempt properties owned by the Roanoke Regional Airport Commission that are located within the AD District from the zoning amendment procedures and zoning permit requirements as set forth in Sections 36.2-540 and 36.2-522.

(Ord. No. 39122, § 1, 5-16-11)

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 39495, § 1, 9-4-12; Ord. No. 40088, § 1, 10-20-14; Ord. No. 40296, § 1, 7-6-15; Ord. No. 40710, § 1, 12-5-16; Ord. No. 41173, § 1, 6-18-18; Ord. No. 41370, § 1, 1-22-19; Ord. No. 41817, § 1, 7-20-20; Ord. No. 41918, § 1, 11-16-20; Ord. No. 42205, § 1, 11-15-21; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 39495, § 1, 9-4-12; Ord. No. 42205, § 1, 11-15-21)

(a)

The purposes of the MXPUD District are to encourage the orderly development of mixed residential/commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots which contain a number of constraints to conventional development. These regulations are designed to achieve the following objectives:

(1)

Promote efficient use of land and infrastructure through high quality urban design;

(2)

Promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan;

(3)

Permit a compatible mix of commercial and residential uses;

(4)

Provide safe, efficient access and traffic circulation;

(5)

Create opportunities to use new technologies in managing the quality and quantity of stormwater; and

(6)

Encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geological formations.

(b)

The purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed-use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes.

(c)

The purpose of the IPUD District is to encourage the orderly development of uses which require an integration of large-scale office, research, commercial, and manufacturing facilities in separate structures, designed as a unit, in a campus-like environment. This district encourages flexibility in design, promotes the appropriate use of land, facilitates the adequate and economic provision of streets, utilities, and other improvements, and preserves and enhances the natural and scenic qualities of open space. Development standards for the mutual protection of uses in the district, adjacent districts, and the City are provided.

(Ord. No. 39122, § 1, 5-16-11)

Any area zoned to a Planned Unit Development District by the adoption of this chapter shall be exempt from the development standards and the procedural requirements set forth in Section 36.2-326 at the time of the adoption of this chapter. Any development of such area after the effective date of this chapter shall comply with the use regulations, development standards, and procedural requirements of this chapter.

(Ord. No. 39122, § 1, 5-16-11)

Applications to establish a Planned Unit Development District or amend the development plan of Planned Unit Development District shall include a proposed development plan, drawn to scale, containing the following information and necessary explanatory materials:

(a)

Boundaries of the location of the proposed District and the ownership of properties contained therein, as well as all existing public and private streets, alleys, and easements within and immediately adjacent to the district;

(b)

Location, size, and use of existing buildings and the location, size, and use of proposed buildings or additions to existing buildings;

(c)

Location of all existing parking facilities and the approximate location of all proposed surface parking lots or parking structures, including the number of parking spaces for each lot or structure and all existing and proposed means of access to parking areas and to public or private streets, alleys, and easements;

(d)

Proposed changes in the location, width, or character of public streets, alleys, or easements within and adjacent to the district, and the delineation of any private driveways or loading spaces that intersect with public rights-of-way or easements and the delineation of routes for emergency vehicles accessing the district;

(e)

Existing and proposed pedestrian routes, including links between various buildings;

(f)

General use of major existing and proposed open spaces within the site and specific features of the development plan, such as screening, buffering, or retention of natural areas, which are intended to enhance compatibility with adjacent properties, and calculations of the percentage of usable open space for the district;

(g)

Infrastructure plans indicating the size and location of existing and proposed stormwater, sanitary sewer, and water lines as well as estimates of impacts of the proposed development on infrastructure capacity in the district and impacts on collector lines immediately outside of the district; and

(h)

Information to demonstrate the compatibility of all structures with the character and appearance of the surrounding neighborhood by virtue of the structures' height, bulk, and location within the Planned Unit Development District.

(i)

The procedure for establishing or amending a PUD plan shall be as prescribed in sections 36.2-540, Zoning amendments; and 36.2-541, Conditional rezonings, if applicable.

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 40296, § 1, 7-6-15)

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 39495, § 1, 9-4-12; Ord. No. 40296, § 1, 7-6-15; Ord. No. 40710, § 1, 12-5-16; Ord. No. 41173, § 1, 6-18-18; Ord. No. 41817, § 1, 7-20-20; Ord. No. 41918, § 1, 11-16-20; Ord. No. 42205, § 1, 11-15-21; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 39495, § 1, 9-4-12; Ord. No. 41370, § 1, 1-22-19; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(a)

Purpose. The purpose of the Historic Downtown Overlay District (H-1) is to identify, preserve, enhance, and maintain architectural and historic landmarks, structures, and districts that are listed, or are eligible for listing, on the Virginia Landmarks Register or the National Register of Historic Places, or which have local significance. An additional purpose of the H-1 Overlay District is to develop and maintain appropriate settings and environments for such landmarks, structures, and districts.

(b)

Applicability.

(1)

The City Council may, in the manner provided for amending this chapter, pursuant to the procedures set forth in Section 36.2-540, designate as a Historic Downtown Overlay District (H-1) appropriate areas which:

(A)

Contain landmarks or structures that are listed, or are eligible for listing, on the Virginia Landmarks Register or the National Register of Historic Places, or which have local significance;

(B)

Are adjacent to landmarks designated as historic by the Virginia Department of Historic Resources;

(C)

Are adjacent to any other structures within the City having important historic, architectural, or cultural interest; or

(D)

Contain buildings or sites having special public value because of notable architecture, historic events, or other worthy features relating to the social, cultural, or artistic heritage of the community, which are of such significance as to warrant conservation and preservation.

(2)

Any Historic Downtown Overlay District (H-1) designated by the City Council as provided for in subsection (1), above, shall be shown as an overlay to the existing underlying district on the Official Zoning Map. As such, the provisions in this section shall serve as a supplement to the underlying base zoning district regulations. Where a conflict exists between the regulations relating to the H-1 Overlay District and those of any underlying base zoning district, the more restrictive provisions shall apply.

(c)

Certificate of Appropriateness. A Certificate of Appropriateness (see Section 36.2-530) shall be required for the demolition, moving, erection, reconstruction, alteration, or restoration of any structure or historic landmark in the H-1 Overlay District. A Certificate of Appropriateness shall not be required for ordinary maintenance as defined in Section 36.2-530(b)(4). The Zoning Administrator, in consultation with the Agent to the Architectural Review Board, shall determine whether an activity requires a Certificate of Appropriateness.

(d)

Review standards for new construction or exterior modifications. The following standards shall be applied by the Architectural Review Board in considering a request for a Certificate of Appropriateness for new construction or exterior modifications to an existing structure in the H-1 Overlay District.

(1)

Generally:

(A)

The relationship of the changes to the historic, architectural, or cultural significance of the structure and the surrounding district; and

(B)

The appropriateness of the change in terms of architectural compatibility with the distinguishing historic and architectural features of the structure and the district. Architectural compatibility shall be judged in terms of a proposed structure's mass, dimensions, materials, color, ornamentation, architectural style, lighting, and other criteria deemed pertinent.

(2)

Renovations: For renovations, the ten (10) following basic standards, set forth by the Secretary of the Interior's Standards for Rehabilitation, shall apply:

(A)

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

(B)

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

(C)

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(D)

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

(E)

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

(F)

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

(G)

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

(H)

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(I)

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

(J)

New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(3)

New construction: For new construction, the following standards shall apply:

(A)

The design for new construction shall be sensitive to and take into account the special characteristics that the district is established to protect. Such consideration may include building scale, height, and orientation, site coverage, spatial separation from other buildings, façade and window patterns, entrance and porch size and general design, materials, textures, color, architectural details, roof forms, emphasis of horizontal or vertical elements, walls, fences, and any other features deemed appropriate; and

(B)

The design of the new construction shall recognize the relationships among buildings in the immediate setting rather than specific styles or details since architectural styles and details may vary from one (1) section of the district to another.

(4)

Signage: For signage, the following standards shall apply:

(A)

Signs shall be compatible with and relate to the design elements of the building with which they are associated or to which they are attached, rather than obscure or disrupt such design features;

(B)

Signs shall be compatible with other signs and buildings in the district and adjacent to the property; and

(C)

Compatibility shall be judged in terms of dimensions, materials, color, letter style and placement, lighting, and overall general effect on the building and district.

(5)

Accessory structures: For accessory structures, the following standards shall apply:

(A)

Existing characteristic features such as walls, fencing, walkways, and other similar structures or site features that reflect the building's or district's history and development shall be retained; and

(B)

Accessory structures shall be appropriate to and compatible with the architectural features of the principal structure and the district.

(6)

In addition to the standards set forth in subsections (1) through (5), above, the Architectural Review Board may adopt specific Architectural Design Guidelines for the H-1 Overlay District, or a portion of the H-1 Overlay District. The Architectural Review Board shall consider the applicable guidelines in its decisions to issue or deny Certificates of Appropriateness.

(e)

Review standards for demolition. The following standards shall be applied by the Architectural Review Board in considering a request for a Certificate of Appropriateness for demolition of a structure or historic landmark within the H-1 Overlay District:

(1)

The purpose and necessity of the demolition are in accordance with the intent of the Historic Downtown Overlay District (H-1);

(2)

Loss of the structure would not be adverse to the district or the public interest by virtue of its uniqueness or its contribution to the district; and

(3)

Demolition would not have an adverse effect on the character and surrounding environment of the district.

(a)

Purpose. The purpose of the Historic Neighborhood Overlay District (H-2) is to identify, preserve, enhance, and maintain those architectural and historic landmarks, structures, and districts which are listed, or are eligible for listing, on the Virginia Landmarks Register or the National Register of Historic Places, or which have local significance. Moreover, the H-2 Overlay District is intended to encourage new construction that is compatible with the district and to develop and maintain appropriate settings and environments for such landmarks, structures, and districts.

(b)

Applicability.

(1)

The City Council may, in the manner provided for amending this chapter, pursuant to the procedures set forth in Section 36.2-540, designate as a Historic Neighborhood Overlay District (H-2) appropriate areas which:

(A)

Contain landmarks or structures that are listed, or are eligible for listing, on the Virginia Landmarks Register or the National Register of Historic Places, or which individually or collectively represent a distinguishable entity of local historic, cultural, or architectural importance;

(B)

Are adjacent to landmarks designated as historic by the Virginia Department of Historic Resources or are adjacent to other structures, landmarks, or areas having important historic, architectural, or cultural interest; or

(C)

Contain buildings or places in which historic events occurred or which have special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, or are of such significance as to warrant conservation and preservation.

(2)

Any Historic Neighborhood Overlay District (H-2) designated by the City Council as provided for in subsection (1), above, shall be shown as an overlay to the existing underlying district on the Official Zoning Map. As such, the provisions in this section shall serve as a supplement to the underlying base zoning district regulations. Where a conflict exists between the regulations relating to the H-2 Overlay District and those of any underlying base zoning district, the more restrictive provisions shall apply.

(c)

Certificate of Appropriateness. In the H-2 Overlay District, a Certificate of Appropriateness (see Section 36.2-530) shall be required for the erection of any new structure, the demolition, moving, reconstruction, alteration, or restoration of any existing structure or historic landmark, including the installation or replacement of siding, or the reduction in the floor area of an existing building, including the enclosure or removal of a porch. A Certificate of Appropriateness shall not be required for ordinary maintenance, as defined in Section 36.2-530(b)(4), or in-kind replacement with the same materials, proportions, and design. The Zoning Administrator, in consultation with the Agent to the Architectural Review Board, shall determine whether an activity requires a Certificate of Appropriateness.

(d)

Review standards for new construction or exterior modifications.

(1)

The following standards shall be applied by the Architectural Review Board in considering a request for a Certificate of Appropriateness for new construction or exterior modifications to an existing structure in the H-2 Overlay District:

(A)

The design shall be compatible with the character of the H-2 Overlay District with respect to building location and scale, roof forms, windows and doors, siding, trim, and porches; and

(B)

The design of existing architectural features, with respect to proportion and texture, shall be retained.

(2)

In addition to the standards of subsection (1), above, the Architectural Review Board may adopt specific Architectural Design Guidelines for the H-2 Overlay District, or a portion of the H-2 Overlay District. The Architectural Review Board shall consider the applicable guidelines in its decisions to issue or deny a Certificate of Appropriateness.

(e)

Review standards for demolition. The following standards shall be applied by the Architectural Review Board in considering a request for a Certificate of Appropriateness for demolition of a structure or historic landmark within the H-2 Overlay District:

(1)

The purpose and necessity of the demolition are in accordance with the intent of the Historic Neighborhood Overlay District (H-2);

(2)

Loss of the structure would not be adverse to the district or the public interest by virtue of its uniqueness or its contribution to the district; and

(3)

Demolition would not have an adverse effect on the character and surrounding environment of the district.

(a)

Purpose. The Neighborhood Design Overlay District (ND) is intended to promote quality City design by coordinating the development of designated Rehabilitation and Conservation Areas. The City finds and determines that the standards of the ND Overlay District promote compatibility between buildings and structures in the City's traditional neighborhoods, maintain property values, and promote pedestrian-friendly, walkable streets.

(b)

Applicability.

(1)

The City Council may, in the manner provided for amending this chapter, pursuant to the procedures set forth in Section 36.2-540, apply the Neighborhood Design Overlay District (ND) to areas of the City that are designated Rehabilitation and Conservation Areas. The regulations of this section shall apply to the construction of, an addition to, or the exterior modification of a dwelling in a designated ND Overlay District.

(2)

Any Neighborhood Design Overlay District (ND) designated by the City Council as provided for in subsection (1), above, shall be shown as an overlay to the existing underlying district on the Official Zoning Map. As such, the provisions in this section shall serve as a supplement to the underlying base zoning district regulations. Where a conflict exists between this section relating to the ND Overlay District and those of any underlying base zoning district, the more restrictive provisions shall apply.

(c)

Design standards. In considering an application for a zoning permit, the Zoning Administrator shall apply the following standards for construction of, an addition to, or the exterior modification of a dwelling in the ND:

(1)

Building massing:

(A)

The width of one (1) dwelling and two (2) dwelling buildings shall be within twenty-five (25) percent of the average of the widths of such buildings on the same side of the same block.

(B)

Where lots on both sides have dwellings, the height of the foundation facing the street shall be no more than forty (40) percent greater than the height of the tallest adjoining foundation and shall be no less than forty (40) percent below the height of the shortest adjoining foundation. Where a dwelling exists only on one (1) side, the foundation height shall be within forty (40) percent of the height of that adjoining dwelling. Such measurements shall be taken at comparable locations on the respective foundations (i.e., left side, right side). There is no foundation height requirement where no dwellings exist on either adjoining lot.

(2)

Roofs:

(A)

The rise-to-run ratio for the dwelling's main roof shall be 6:12 or steeper.

(B)

The roof of a new dwelling shall have a minimum of three (3) surfaces, except where the gable end faces the street and a porch extends the full width of the dwelling, in which case the roof may have a two-surface configuration.

(C)

Eave and gable overhangs for all new dwellings and additions to dwellings shall be at least twelve (12) inches. However, an addition to an existing dwelling shall not be required to have overhangs wider than those of the existing dwelling.

(D)

The rise-to-run ratio of roofs covering porches or entrances shall be equal to or shallower than the main roof.

(E)

Above-grade entrances on a building façade facing a required front yard shall be covered with a roof with a minimum width and depth of thirty-six (36) inches.

(3)

Entrances and windows:

(A)

The dwelling shall have at least one (1) entrance facing the primary front yard. The number of doors facing the primary front yard shall be limited to one (1) door for every fifteen (15) feet of dwelling width. One (1) and two (2) dwelling buildings may have two (2) entrances facing the primary front yard regardless of dwelling width if the second entrance is recessed at least six (6) feet behind the main front entrance.

(B)

Doors facing a street shall have panel insets or windows.

(C)

Windows on the front façade shall have a height that is at least one and one-half (1.5) times their width.

(D)

Windows on the front of the dwelling shall be arranged in a manner that is compatible with that of other dwellings in the district. In general, windows on separate stories of the front should be vertically aligned and windows on the same story should be horizontally aligned.

(E)

All stairs facing a required front yard shall have solid risers.

(F)

A sidewalk at least three (3) feet in width shall be provided between the front porch of a new dwelling and the street. The sidewalk shall be constructed of an impervious material customarily used for sidewalks in the district.

(4)

Siding and trim:

(A)

The siding of any dwelling, exclusive of trim materials, shall not be oriented vertically.

(B)

Windows and doors shall be surrounded by trim which is at least 3.5 inches wide, except for dwellings with masonry veneer, in which case no trim around doors or windows is required. However, an addition to or modification of an existing dwelling shall not be required to have window and door trim that is wider than that of the existing dwelling.

(C)

Vertical corner boards at least 3.5 inches wide shall be provided on all dwelling corners, except where the dwelling has a masonry veneer.

(D)

Any exterior wooden elements on a dwelling's façade facing a required front yard shall be painted or be stained with an opaque stain.

(5)

Porches:

(A)

One (1) dwelling and two (2) dwelling buildings shall have a front porch at least one-half (½) the width of the dwelling's façade, and having a depth of at least six (6) feet. The front porch shall face the primary front yard.

(B)

For new and existing dwellings, the front porch shall not be enclosed with siding.

(C)

Front porch railings shall have a top and bottom rail. Baluster ends shall not be exposed.

(D)

Front porch columns shall be uniform in shape and style and be at least five (5) inches wide at their bottom and top. Front porch columns shall have a base and cap that are at least one (1) inch thick and are at least one hundred twenty (120) percent of the width of the column.

(E)

The underside of front porches and stairways between pier supports shall be enclosed.

(6)

Garages and additions:

(A)

An attached or detached garage or carport shall be offset at least twenty-four (24) inches behind the front façade of the dwelling. Bay doors facing a street shall have panel insets or windows. An attached garage shall not make up more than thirty-three (33) percent of the front façade of the dwelling.

(B)

An addition to an existing dwelling shall be located on the rear or side of the dwelling, except a porch constructed in accordance with Section 36.2-332(c)(5) may be added to the front of the dwelling. An addition to the side of a dwelling shall be set back from the dwelling's front face by twenty-four (24) inches or more. When an existing dwelling does not have a front porch, an addition may be constructed on the front of the dwelling if it includes a front porch constructed in accordance with Section 36.2-332(c)(5).

(Ord. No. 37633, § 5, 11-20-06; Ord. No. 37984, § 3, 12-17-07; Ord. No. 39122, § 1, 5-16-11; Ord. No. 39495, § 1, 9-4-12; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(a)

General Provisions.

(1)

Statutory authorization and purpose. This section is adopted pursuant to the authority granted to localities by Section 15.2 - 2280 of the Virginia Code (1950), as amended. 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 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; restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding; 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 protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

(2)

Applicability. These provisions shall apply to all privately and publicly owned lands within the jurisdiction of the City and identified as areas of special flood hazard determined by the City or shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to the City by Federal Emergency Management Agency (FEMA).

(3)

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

The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, 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, such as ice jams and bridge openings restricted by debris. This section does not imply that districts outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages.

This section 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 section or any administrative decision lawfully made thereunder.

(4)

Records. Records of actions associated with administering this section shall be kept on file and maintained by or under the direction of the Zoning Administrator in perpetuity.

(5)

Abrogation and greater restrictions. To the extent that the provisions are more restrictive, this section supersedes any section currently in effect in flood-prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict with this section, it shall remain in full force and effect.

These regulations are not intended to repeal or abrogate any existing sections including subdivision regulations, zoning ordinances or building codes. In the event of a conflict between these regulations and any other ordinance or section, the more restrictive shall govern.

(6)

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

(7)

Penalty for violations.Section 36.2-571 of the City Code contains the provisions for enforcement of this section and penalties that apply for violations.

(b)

Definitions. Certain terms and words used in this section shall be defined as set forth below. Where any conflict exists between the definitions below and those set forth in Appendix A, the definitions of this subsection shall govern for the purposes of the regulations of this section.

Appurtenant or accessory structure: Accessory structures not to exceed two hundred (200) square feet.

Areas of shallow flooding: A special flood hazard area with base flood depths from one (1) to three (3) 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.

Base flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year.

Base flood elevation: The water surface elevations of the base flood, that is, the flood level that has a one (1) 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 section, the base flood is the one (1) percent annual chance flood.

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

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 flood insurance study.

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

Encroachment: The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

FEMA: Federal Emergency Management Agency.

Flood or flooding:

1.

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

a.

The overflow of inland or tidal waters;

b.

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

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 of this definition.

Flood insurance rate map (FIRM): An official map of a community, on which 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.

Flood insurance study (FIS): 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: Any land area susceptible to being inundated by water from any source.

Flood proof: 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: 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 (1) foot at any point within the community.

Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. The City requires base flood elevation plus twenty-four (24) inches freeboard.

Functionally dependent use: 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.

Habitable space: A space in a building used or capable of being used for living, sleeping, eating or cooking, or used, or capable of being used, as a home occupation. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure: Any structure that is:

1.

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

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior 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 the city inventory of historic places.

Hydrologic and hydraulic analysis: 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.

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 metes 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.

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

Manufactured home: A structure, transportable in one (1) 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 one hundred eighty (180) consecutive days.

Mean sea level: Is an elevation point that represents the average height of the ocean's surface (such as the halfway point between the mean high tide and the mean low tide) which is used as a standard in determining land elevation.

New construction: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after November 4, 1981, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Such structure is also referred to as "post-FIRM."

Post-FIRM structures: A structure for which construction or substantial improvement occurred on or after November 14, 1981.

Recreational vehicle: A vehicle which is:

1.

Built on a single chassis;

2.

Four hundred (400) 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: A building covered by a contract for flood insurance that has incurred flood-related damages on two (2) occasions in a ten (10) year period, in which the cost of the repair, on the average, equaled or exceeded twenty-five (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.

Special flood hazard area: The land in the floodplain subject to a one (1) percent or greater chance of being flooded in any given year as determined in subsection (d)(1) of this Section.

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 one hundred eighty (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: 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: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a period of five (5) years, the cumulative cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes repetitive loss structures or structures that that have incurred substantial damage regardless or the actual repair work performed. The term does not, however, include either:

1.

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

2.

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

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

Watercourse: A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(c)

Administration.

(1)

Designation of the Zoning Administrator. The Zoning Administrator is hereby appointed to administer and implement these regulations. The Zoning Administrator may delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

(2)

Duties and Responsibilities of the Zoning Administrator. The duties and responsibilities of the Zoning Administrator shall 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 (Virginia Department of Environmental Quality, United States Army Corps of Engineers) 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, required data and information necessary to maintain FIRMs as outlined in item (c)(7) below.

(J)

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

(i)

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

(ii)

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)

Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.

(M)

Administer the requirements related to proposed work on existing buildings:

(i)

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.

(ii)

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)

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

(i)

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

(ii)

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 governing body 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.

(3)

Use and interpretation of flood insurance rate maps. The Zoning Administrator shall make interpretations, where needed, as to the exact location of special flood hazard 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:

(i)

Are below the base flood elevation, 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

(ii)

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 flood insurance study has been provided by FEMA:

(i)

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.

(ii)

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 (d)(2)(C)(i) and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

(iii)

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.

(4)

Jurisdictional boundary changes. The floodplain ordinance in effect in any adjoining locality on the date of annexation of any area previously within the adjoining locality shall remain in effect and shall be enforced by the City for all annexed areas until the City adopts and enforces a section which meets the requirements for participation in the National Flood Insurance Program.

The City will notify FEMA when the corporate boundaries of the City have been modified and provide a map that clearly delineates the new corporate boundaries of the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation. If the FIRM for any annexed area includes special flood hazard areas which have flood zones that have regulatory requirements not set forth in these regulations, the City shall adopt amendments to these regulations to amend the FIRM and appropriate requirements. 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.

(5)

District boundary changes. 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.

(6)

Interpretation of district boundaries. Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Administrator. Should a dispute arise concerning the boundaries of any of the Districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.

(7)

Submitting model backed technical data. A 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, a community shall notify the FEMA of the changes by submitting technical or scientific data. The community 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 flood plain management requirements will be based upon current data.

(8)

Letters of map revision. When development in the floodplain 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 (CLOMR) and then receiving a LOMR.

(d)

Establishment of Floodplain Overlay District and flood zones.

(1)

Description of special flood hazard districts (SFHA). The various special flood hazard districts shall include the SFHAs. The basis for the delineation of these districts shall be the FIS and the FIRM for the City prepared by FEMA, Federal Insurance Administration, dated September 28, 2007, and any subsequent revisions or amendments thereto.

The boundaries of the SFHA Districts are established as shown on the FIRM which is declared to be a part of this section and which shall be kept on file in the Department of Planning, Building, and Development.

All development within the Floodplain Overlay District is subject to the development provisions found in subsection (e) of this section.

(2)

Additional requirements in specific special flood hazard areas.

(A)

Floodway. The floodway is the portion of an AE Zone that is delineated, for purposes of this section, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one (1) percent annual chance flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this District are specifically defined in Table 5 of the above-referenced FIS and shown on the accompanying FIRM.

The following provisions shall apply within the floodway of an AE zone:

(i)

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 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 Zoning Administrator.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies for a (CLOMR), and receives the approval of FEMA. Such application shall be accompanied by a resolution adopted by the City Council for the City, endorsing such application.

If the above items in this part are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of part d of this section.

(ii)

Permitted uses in floodway. The following uses shall be permitted as of right in the floodway to the extent that they are otherwise permitted in the underlying base zoning district and are not prohibited by any other section, and provided they do not employ structures, fill, or storage of materials and equipment within the floodway which may cause any increase in 100-year flood height and velocity:

(1)

Agricultural operations, such as farming, pasture, grazing, outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting;

(2)

Public and private recreational uses such as parks, picnic grounds, golf courses, boat launching or swimming areas, hiking or horseback riding trails, wildlife and nature preserves, fishing areas, and trap and skeet game ranges;

(3)

Botanical gardens; and

(4)

Accessory residential uses such as yard areas, gardens, and play areas.

(iii)

Special exception uses in floodway. The following uses shall be permitted in the floodway by special exception granted by the Board of Zoning Appeals provided such uses are permitted in the underlying base zoning district:

(1)

Accessory structures related to the uses set forth in subsections (ii)(1) through (ii)(4), above.

(2)

Utilities distribution: gas/electric compressor station or substation, or water pump/lift station.

(3)

Sewage treatment facility or water treatment facility.

(4)

Quarry and mining operations, including excavation of sand, gravel, or clay, provided no increase in the level of flooding or velocity is caused.

(5)

Storage of materials and equipment provided that they are not buoyant, flammable, toxic, hazardous, 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, or can be readily removed from the area within the time available after flood warning.

(6)

Placement or storage of a recreational vehicle, provided such recreational vehicle is on the site for fewer than one hundred eighty (180) consecutive days, is fully licensed and ready for highway use. For purposes of this section, 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 if it has no permanently attached additions.

(7)

After public notice and subject to appropriate conditions and safeguards, the Board of Zoning Appeals may, as a special exception, permit the change of a nonconforming use in the floodway to another use not permitted in the floodway, provided the proposed use is permitted in the base zoning district, and the proposed use as proposed to be conducted, shall be of a nature more in keeping with the character of the floodplain overlay district than the use from which the change is proposed to be made. Failure to conduct the use in the manner approved by the Board shall be grounds for revocation of the special exception, pursuant to the procedures set forth in Section 36.2-560(e). Where such a special exception has been revoked, the nonconforming status of the use, individually or in combination, shall no longer exist, and future use of the structure or premises, individually or in combination, shall thereafter conform to the regulations of the floodplain overlay district.

(B)

AE zones with no floodway delineated. AE zones on the FIRM are those areas for which one (1) percent annual chance flood elevations have been provided and the floodway has not been delineated.

The following provisions shall apply within an AE Zone where FEMA has provided base flood elevations but has not delineated a floodway:

(i)

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, AE, or AH on the FIRM, 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.

(ii)

Development activities in Zones Al-30, AE, or AH on the City's FIRM which increase the water surface elevation of the base flood by more than one (1) foot may be allowed, provided that the applicant first applies for a CLOMR, and receives the approval of FEMA. Such application shall be accompanied by a resolution adopted by the City Council for the City, endorsing such application.

(C)

A Zones: A Zones are those areas for which no detailed flood profiles or elevations are provided, but the one (1) percent annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply:

(i)

The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one (1) percent annual chance floodplain boundary has been approximated. Such areas are shown as Zone A on the maps 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 (1) percent annual chance 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 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 Zoning Administrator.

The Zoning 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 twenty four (24) inches, or flood proofed to such level when applicable.

During the permitting process, the Zoning Administrator shall obtain:

(1)

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

(2)

If the structure has been flood-proofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been flood-proofed.

(D)

AO Zones. AO Zones are those areas of shallow flooding identified as AO on the FIRM. For these areas, the following provisions shall apply:

(i)

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to two(2) feet above the flood depth specified on the FIRM. Such elevation shall be established by identifying the highest adjacent grade and adding the flood 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 four (4) feet above the highest adjacent grade.

(ii)

All new construction and substantial improvements of non-residential structures shall:

(1)

Have the lowest floor, including basement, elevated to two (2) feet above the flood depth specified on the FIRM. Such elevation shall be the highest adjacent grade and adding the flood 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 four (4) feet above the highest adjacent grade; or,

(2)

Together with attendant utility and sanitary facilities, be completely flood-proofed to the specified flood level described above 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.

(iii)

Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

(2)

Overlay Concept. 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. If there is any conflict between the provisions or requirements of the Floodplain Districts and those of any underlying district, the more restrictive provisions shall apply. In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, all remaining provisions shall remain applicable and in effect.

(e)

District Provisions.

(1)

Permit and Application Requirements.

(A)

Permit Requirement. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, 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 section and with all other applicable codes and ordinances or sections, as amended, such as the Virginia Uniform Statewide Building Code and the City's subdivision regulations set forth in Chapter 31.1, Subdivisions, of the City Code. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to ensure that 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 building permits issued for the floodplain shall incorporate the following information:

(i)

The elevation of the Base Flood at the site.

(ii)

The elevation of the lowest floor (including basement) or, in V zones, the lowest horizontal structural member.

(iii)

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

(iv)

Topographic information showing existing and proposed ground elevations.

(C)

Elevation certificates and floodproofing certificates.

(i)

All applications for zoning permits for structures shall include a standard FEMA elevation certificate completed by a licensed surveyor or engineer.

(ii)

All applications for nonresidential structures to be floodproofed shall include a FEMA floodproofing certificate, when applicable.

(iii)

Prior to issuance of a Certificate of Occupancy, the applicant shall provide a final FEMA elevation certificate of the as-built construction.

(2)

General Standards. The following provisions shall apply to all permits:

(A)

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

(B)

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces.

(C)

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

(D)

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

(E)

New electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(F)

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

(G)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(H)

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

(I)

In addition to provisions A - H above, in all special flood hazard areas, the additional provisions shall apply:

(J)

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 riparian 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.

(K)

The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

(3)

Elevation and Construction Standards. In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with subsection (d)(2)C of this section, the following provisions shall apply:

(A)

Residential Construction. New construction or substantial improvement of any residential structure in Zones A1-30, AE, AH and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus twenty-four (24) inches of freeboard. In addition, all electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities, including ductwork, for new construction or substantial improvement shall be elevated or floodproofed to two (2) feet above the base flood elevation, also known as two (2) feet of freeboard.

(B)

Non-Residential Construction.

(i)

New construction or substantial improvement of any commercial, industrial, or non-residential building shall have the lowest floor, including basement, elevated to or above the base flood level plus twenty-four (24) inches of freeboard. In addition, all electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities, including ductwork, for new construction or substantial improvement shall be elevated or floodproofed to two (2) feet above the base flood elevation, also known as two (2) feet of freeboard.

(ii)

Non-residential buildings located in all A1-30, AE, and AH zones may be flood-proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus twenty-four (24) inches of freeboard 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. Certain buildings and structures including detached garages, small pole barns, storage sheds, gazebos, picnic shelters, and similar structures may be wet flood proofed. For any development requiring a building permit, 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 Zoning Administrator.

(C)

Space Below the Lowest Floor. In zones A, AE, AH, AO, and A1-A30, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

(i)

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).

(ii)

be constructed entirely of flood resistant materials below the regulatory flood protection elevation;

(iii)

include 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 (1) 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.

(D)

Standards for Manufactured Homes and Recreational Vehicles

(i)

In all designated special flood hazard areas, all manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for the zone in which they are located for new construction, including the elevation and anchoring requirements in this section.

(ii)

All recreational vehicles placed on sites must either

(1)

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

(2)

meet all the requirements for manufactured homes in subsection (e)(3)(D)(i)

(f)

Existing Structures in Floodplain Areas. Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved, unless one (1) of the following exceptions is established before the change is made:

(1)

The Zoning Administrator has determined that:

(A)

A proposed change is not a substantial repair or substantial improvement,

(B)

No new square footage is being built in the floodplain that is not compliant,

(C)

No new square footage is being built in the floodway, and

(D)

No new square footage is being created or existing square footage converted for use as habitable space below the elevation of the base flood elevation plus two (2) feet of freeboard, and

(E)

The change complies with this section and the Virginia Uniform Statewide Building Code.

(2)

The changes are required to comply with a citation for a health or safety violation.

(3)

The structure is a historic structure and the change required would impair the historic nature of the structure. The historic structure shall be flood proofed to the extent practical in accordance with the Virginia Uniform Statewide Building Code and FEMA Floodplain Management Bulletin Historic Structures, FEMA P-467-2, as the same may be amended or updated from time to time.

(g)

Variances. Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the Board of Zoning Appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) after the Board of Zoning Appeals has determined that the granting of such variance 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.

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 (1) 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 historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted 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 section.

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.

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 the variance will be the minimum required to provide relief.

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 (1) percent chance flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance.

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. 37633, § 5, 11-20-06; Ord. No. 37915, § 1, 10-1-07; Ord. 39918, § 1, 4-21-14; Ord. No. 40710, § 1, 12-5-16; Ord. No. 40748, § 1, 1-17-17; Ord. No. 41173, § 1, 6-18-18; Ord. No. 42205, § 1, 11-15-21)

(a)

Purpose. Public health, public and aviation safety, and the general welfare require a minimum clear space or buffer between operating aircraft and other objects. The buffer may be achieved by limiting the location and height of these objects. The purpose of the Airport Navigation Overlay District (AN) is to regulate and restrict the height of structures, objects, and natural growth and to address design and construction issues by creating the appropriate zones and establishing the boundaries thereof for the Roanoke Regional Airport in order to avoid hazards to and interference with flight navigation.

(b)

Applicability. The Airport Navigation Overlay District (AN) shall be applied to the Airport Navigation Zone as set forth and defined in subsection (d), below, and shall be an overlay to the underlying base zoning districts as shown on the Official Zoning Map. As such, the provisions for the Airport Navigation Overlay District (AN) shall serve as a supplement to the underlying base zoning district provisions, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zoning districts except as provided for in subsection (g) below. An area located in more than one (1) of the sub-zones identified in subsection (d), below, is considered to be only in the zone with the most restrictive height limitation. In addition, with any conflict between the provisions or requirements of the Airport Navigation Overly District (AN) and those of the underlying base zoning district, the more restrictive provisions shall apply.

(c)

Definitions. Certain terms and words used in this section shall be defined as set forth below. Where any conflict exists between the definitions below and those set forth in Appendix A, the definitions of this subsection shall govern for the purposes of the regulations of this section.

Aeronautical study: A study conducted by the Federal Aviation Administration (FAA) in response to the filing of a Form 7460-1, as amended, whereby the FAA examines the effect of an obstruction or structure on factors such as aircraft operational capabilities, electronic and procedural requirements, and airport hazard standards.

Airport: The Roanoke Regional Airport.

Aviation navigational aid: Instruments and equipment installed and maintained by the FAA or Airport owner for the safe operation of aircraft, such as air surveillance radar, approach lighting aids, radio beacons, and radio transmitters for aircraft navigation and communications.

Beginning elevation: The beginning elevation for the Runway 6 Precision Instrument Runway Approach Surface is 1151.9 MSL. The beginning elevation for the Runway 33 Precision Instrument Runway Approach Surface is 1142.1 MSL.

Hazard to air navigation: An obstruction determined by the Federal Aviation Administration to have a substantial adverse impact on the safe and efficient utilization of the airport or navigable airspace.

Height: For the purpose of determining the height limits in all zones and shown on the zoning map, the datum shall be mean sea level (North American Vertical Datum of 1988) unless other specified.

Nonconforming use: Any structure, object of natural growth, or use of land which is inconsistent with the provisions of this section or any amendment thereto.

Obstruction: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, or penetrates any surface floor, set forth in this section. Some obstructions are hazards to air navigation; others are not.

Part 77.13 Surface: An area defined in Part 77.13 (a)(2)(i), Subpart B (Notice of Construction or Alteration), of Title 14 Code of Federal Regulations, extending at a slope of 100 feet horizontally for each foot vertically for a distance of 20,000 feet from the nearest point of the nearest runway at the Airport.

Person: An individual, firm, partnership, corporation, company, association, joint stock association, public or private utility, or governmental entity, and including a trustee, a receiver, an assignee, or a similar representative of any of them.

Precision Instrument Runway: A runway having an existing instrument approach procedure using an Instrument Landing System (ILS) or Localizer Directional Approach (LDA); at the Airport such runways are Runway 6 and Runway 33.

Precision Instrument Runway Approach Surface: A surface longitudinally centered on the extended runway centerline, beginning at the end of the Part 77.13 surface at the beginning elevation of the applicable runway and extending outward and upward at the slope of forty (40) feet horizontally for each foot vertically for a distance of thirty thousand two hundred (30,200) feet. Its perimeter coincides with the perimeter of the Precision Instrument Runway Approach Zone.

Precision Instrument Runway Approach, Part 77.13 and Transitional Zones: The zones are defined in subsection (d) hereof.

Runway: A specified area on an airport prepared for the landing or take off of aircraft.

Structure: An object, including a mobile object, constructed or installed by a person, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations, poles, electric lines and overhead transmission lines, flag poles, and ship masts.

Tower: A type of freestanding structure or device of more than twenty (20) feet in height designed for communication purposes or transmitting or receiving electrical, radio, or other signals.

Transitional surfaces: These surfaces extend outward at a slope of seven (7) feet horizontally for each foot vertically from the sides of the precision instrument runway approach surface for a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface at a ninety (90) degree angle to the extended runway centerline.

Vegetation: Any object of natural growth, including, without limitation, trees.

Zones: All areas provided for in subsection (d) hereof, generally described in three (3) dimensions by reference to ground elevation, vertical distances from the ground elevation, and horizontal distances from the runways, runway centerlines, and other surfaces or zones. This includes sub-zones.

(d)

Establishment and definition of airport safety zones.

(1)

There is hereby established within the City the Airport Navigation Zone, consisting of certain sub-zones as defined in subsection (2) below. Such Airport Navigation Zone and its sub-zones are shown on a certain electronic map prepared for the Roanoke Regional Airport by Delta Airport Consultants, Inc., entitled Airport Navigation Zone, dated January 2005, which map is hereby declared to be a part of this section by reference.

(2)

The Airport Navigation Zone includes all of the area and airspace lying equal to and above the Part 77.13 Surface, the Precision Instrument Runway Approach Surfaces, and the Transitional Approach Surfaces, with each sub-zone defined as follows:

(A)

Part 77.13 Zone: The Part 77.13 Zone extends around the Airport, away from each runway for twenty thousand (20,000) feet, with the floor set by the Part 77.13 Surface;

(B)

Precision Instrument Runway Approach Zone: The inner edge of this approach zone begins at the end of the Part 77.13 Zone and is six thousand nine hundred forty (6,940) feet wide and is at beginning elevation of 1596.9 MSL for Runway 6 and 1587.1 MSL for Runway 33. The Precision Instrument Runway Approach Zone expands outward uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of thirty thousand two hundred (30,200) feet from the end of the Part 77.13 Zone. Its centerline is the continuation of the runway centerline and the floor is set by the Precision Instrument Runway Approach Surfaces; and

(C)

Transitional Zones: The transitional zones are the areas that extend five thousand (5,000) feet outward from the edge of the Precision Instrument Runway Approach Zones, perpendicular to the extended runway centerline, with the floor set by the seven to one (7:1) slope of the Transitional Surfaces.

(e)

Height limitations.

(1)

Except as otherwise provided in this section, no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow, in the Airport Navigation Zone established herein, so as to penetrate any referenced surface, known as the floor, of the Part 77.13 Zone, the Precision Instrument Runway Approach Zone, or the Transitional Zone at any point.

(2)

The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces and defined in subsection (c) hereof as the Part 77.13 Surface, Precision Instrument Runway Approach Surface, and the Transitional Surface.

(3)

In addition, height limitation shall be applied within the Airport Navigation Zone as follows:

(A)

To construction or alteration of any structure more than two hundred (200) feet above the ground level at its site, even if not penetrating the floor of any surface; and

(B)

To any tower.

(f)

Exemption from height restrictions. The following shall be exempt from the height limitations for the Airport Navigation Zones:

(1)

Any structure or vegetation of a height which is thirty-five (35) feet or less above the surface of the land, except for towers;

(2)

Any tower which is of a height which is twenty (20) feet or less above the surface of the land; or

(3)

Any air navigation aid or facility, airport visual approach or landing aid, aircraft arresting device, or airfield directional signs.

(g)

Use restrictions. No use may be made of land or water within any zone established by this section in such a manner as to:

(1)

Create electrical or other interference with navigational signals or radio communication between the airport and aircraft;

(2)

Diminish the ability of pilots to distinguish between airport lights and other lights;

(3)

Result in glare in the eyes of flyers using the airport;

(4)

Impair visibility in the vicinity of the airport;

(5)

Create the potential for bird strike hazards;

(6)

Reduce the efficiency and effectiveness of any aviation navigational aid; or

(7)

Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft.

(h)

Consideration of zoning permit application; FAA determination. When reviewing applications for zoning permits within the Airport Navigation Overlay District (AN), the Zoning Administrator shall consider all provisions of this section. The applicant for a zoning permit shall submit adequate information and detail necessary to ensure that the limitations and prohibitions of this section shall not be exceeded or violated. In the event that the Zoning Administrator is unable to determine whether the limitations and prohibitions of this section will be exceeded or violated, no permit shall be issued until a completed Federal Aviation Administration (FAA) Form 7460-1, as amended, has been submitted to the FAA, an aeronautical study has been completed by the FAA, and a determination of there being no hazard to air navigation and no violation of the use restrictions contained in subsection (g) above has been made by the FAA and submitted to the Zoning Administrator.

(i)

Variance conditions.

(1)

Nonconforming uses or obstructions which are determined by the FAA to be a hazard to air navigation or violate the use restrictions in subsection (g) above shall not be permitted. Nonconforming uses or obstructions which the FAA has determined do not constitute a hazard to air navigation so long as they are mitigated may be permitted provided that:

(A)

Such mitigation procedures, such as use of lights or markers, shall be installed and continuously maintained at the property owner's expense and shall be required pursuant to and in accordance with specific, written FAA direction, as well as any requirements deemed necessary by the Board of Zoning Appeals; and

(B)

The Airport's Executive Director has determined in writing that the proposed mitigation procedures will not in any way impact, limit, restrict, or require a change in the Airport's use or operation.

(2)

A permit may be issued for a nonconforming use that the FAA determines is an obstruction but is not a hazard to air navigation, does not violate the use restrictions contained in subsection (g) above, is properly marked and lighted, and does not interfere with airport operations.

(3)

All mitigation measures required of and imposed upon any person for a nonconforming use erected, created, or permitted to grow after August 29, 1966, shall be maintained, repaired, removed, and replaced, when necessary, by such person or his successor.

(j)

Applicability of regulations to pre-existing structures, uses, or vegetation.

(1)

Except as provided in subsection (2), below, the requirements prescribed by this section shall not be construed to require the removal, lowering, or other changes or alteration of any structure or vegetation not conforming to the regulations as of August 29, 1966, or where applicable, as of the effective date of any subsequent amendment to these regulations. 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 August 29, 1966, or where applicable, prior to the effective date of any subsequent amendment hereto, and is diligently prosecuted, except as to subsection (h) of this section.

(2)

The owner of any structure, vegetation, or use which existed prior to August 29, 1966, or where applicable prior to the effective date of any subsequent amendment to this section, and which is inconsistent with or in violation of this section or an amendment thereto, shall be required, as a condition of the continued maintenance of such structure, tree, or use, to permit any mitigation procedures deemed necessary including, without limitation, the City's installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Federal Aviation Administration (FAA) so as to indicate the presence of such object or hazardous use to operators of aircraft in the vicinity of the airport. Such markers and lights shall be installed, operated, and maintained at the expense of the City and not of such owner.

(3)

No permit shall be granted that would allow a nonconforming use or structure to become a greater hazard to air navigation that it was on the effective date of this chapter.

(4)

Whenever the Zoning Administrator determines that a nonconforming structure has been abandoned or more than fifty (50) percent destroyed, physically deteriorated, or decayed, no 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 Airport Navigation Overlay District (AN) regulations contained herein.

(k)

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

(a)

Purpose. The purpose of the River and Creek Corridors Overlay District (RCC) is to recognize the Roanoke River and its tributaries as valuable water resources in the City and to designate certain areas along their banks as being critical to their protection in order to ensure that such streams and adjacent lands will fulfill their natural functions. Stream systems are comprised of the stream and their drainage basins. Streams have the primary natural functions of conveying storm and ground water, storing floodwater, and supporting aquatic and other life. Vegetated lands adjacent to the stream channel in the drainage basin serve as a buffer to protect the stream system's ability to fulfill its natural functions. Primary natural functions of the buffer include protection of water quality by filtering pollutants, provision of storage for floodwaters, and provision of suitable habitats for wildlife. The intent of the regulations of this section is to establish performance and development standards in the critical areas along the banks of the Roanoke River and certain tributaries in a manner that protects and restores water quality and conserves surface water functions. The regulations of this district shall be in addition to those of the Floodplain Overlay District (F). In order to provide for the health, safety, and general welfare of the citizens of the City, the regulations of the RCC Overlay District are intended to:

(1)

Avoid land uses and development activities that pose a danger to, and degradation of, these water resources;

(2)

Minimize clearing and grading activities or similar activities that disturb or destroy site vegetation, with the goal that the natural vegetation, features, and qualities of properties along the Roanoke River and its tributaries will be protected to the maximum extent possible, consistent with the recommendations of the City's Comprehensive Plan; and

(3)

Implement additional erosion and sediment control practices, the maintenance and installation of buffer areas of natural vegetation, and the use of best management practices in order to minimize the impacts of excessive soil loss and the adverse effects of nonpoint source pollutants on the water quality of the Roanoke River and its tributaries.

(b)

Applicability.

(1)

The City Council may, in the manner provided for amending this chapter, pursuant to the procedures set forth in Section 36.2-540, apply the River and Creek Corridors Overlay District (RCC) to properties that abut the banks of the Roanoke River or its unenclosed tributaries. For purposes of the application of this overlay district, any property separated from the bank of the Roanoke River or a tributary by a public right-of-way or railroad right-of-way shall not be deemed to be abutting the bank.

(2)

Any River and Creek Corridors Overlay District (RCC) designated by the City Council as provided for in subsection (1), above, shall be shown as an overlay to the existing underlying district on the Official Zoning Map. As such, the provisions in this section shall serve as a supplement to the underlying base zoning district regulations. Where a conflict exists between the regulations relating to the RCC Overlay District and those of any underlying base zoning district, the more restrictive provisions shall apply.

(3)

Upon development of any property within the River and Creek Corridors Overlay District (RCC), such property shall comply with the buffer requirements of this section, except those which, as of the effective date of this chapter, have previously secured a vested property right pursuant to Section 36.2-108.

(4)

Redevelopment of a property, or expansion of existing structures or uses, shall comply with the buffer requirements of this section; however, uses and structures previously approved and constructed in a buffer may remain.

(5)

Nothing in this section shall be construed to affect the applicability of the regulations of the Floodplain Overlay District (F). The regulations of this section are in addition to those of the Floodplain Overlay District (F). When any conflict exists between this section and the regulations of the Floodplain Overlay District, the stricter provision shall govern.

(c)

Definitions. Certain words and terms used in this section shall be defined as set forth below. Where any conflict exists between the definitions below and those set forth in Appendix A, the definitions of this subsection shall govern for the purposes of the regulations of this section.

Best Management Practices (BMPs): A structural or nonstructural management based practice used singularly or in combination to reduce nonpoint source input to receiving waters in order to achieve water quality protection goals. Nonstructural BMPs are nonengineered methods to control the amount of nonpoint source pollution and may include land use controls and vegetated buffers. Structural BMPs are engineered structures that are designed to reduce the delivery of pollutants from their source or to divert contaminants away from the rivers and tributaries. Structural BMPs may include wet detention ponds, detention basins, grass swales and ditches, and infiltration devices.

Drainage basin: The area of land which drains to a given point on a body of water.

Riparian buffer: A natural vegetated area left undisturbed or an established vegetated area, adjacent to the bank of a watercourse, through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering out sediment and other nonpoint source pollutants from runoff before it reaches a watercourse.

Stream: Any part of a watercourse, naturally occurring or artificially created, for the purpose of conveying water from ground water or surface runoff.

Top of bank: The boundary line between a body of water and the land. This line shall consist of the sloping margin of, or the ground bordering, a river or creek and serving to confine the water to the natural channel during the normal course of flow. It is best marked where a distinct channel has been eroded to the valley floor or where there is a cessation of land vegetation.

(d)

Riparian buffer requirement.

(1)

Within the RCC Overlay District, a riparian buffer shall be established and shall consist of all land adjacent to, and fifty (50) feet landward from, the top of the banks of the Roanoke River or the applicable tributary. The fifty-foot buffer width shall be measured horizontally on a line perpendicular to the surface water, landward from the top of the bank on each side of the river or tributary. When the landward boundary of the riparian buffer falls within an improved public right-of-way, the riparian buffer shall be defined as the remainder of the improved public right-of-way and shall not extend beyond that public right-of-way.

(2)

The riparian buffer boundaries shall be clearly delineated on all site-specific plans submitted for approval pursuant to this chapter.

(3)

The riparian buffer boundaries shall be clearly marked on-site prior to any land disturbing activities, and shall remain marked until all land disturbing activity has been completed.

(4)

All land disturbing activity within the required riparian buffer shall comply with Chapter 11.1, Erosion and Sediment Control, of this Code.

(5)

No principal or accessory uses or structures shall be permitted within the area of the required riparian buffer.

(e)

Riparian buffer standards.

(1)

To minimize the adverse effects of land use activities on the Roanoke River and its tributaries, a fifty-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff, shall be retained and maintained if present, and where it does not exist, shall be established and maintained upon any land disturbing activity, except as provided in Section 36.2-335(f)(1), in any area delineated in subsection (d) above as a riparian buffer.

(2)

In order to maintain the functional value of the riparian buffer area, indigenous vegetation shall be preserved to the maximum extent possible.

(3)

Within the required riparian buffer area, no vegetation may be cleared or otherwise significantly disturbed, except as provided in subsection (4) below, no grading or excavation work may be performed, and no fill or other materials may be placed except as shown on the approved Erosion and Sediment Control Plan.

(4)

Removal of vegetation within the required riparian buffer area shall be permitted only in accordance with the following provisions:

(A)

Trees may be pruned or removed as necessary to provide limited sight lines and vistas, provided that

where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff.

(B)

Dead, diseased, or dying trees may be removed.

(5)

All unvegetated areas within the required riparian buffer area shall be vegetated with appropriate riparian, erosion controlling plant material. Riparian material shall be defined as indigenous vegetation which naturally occurs along the river and creek and is suited to local conditions.

(6)

With the approval of the Zoning Administrator, manmade materials may be used in conjunction with vegetation to stabilize the riverbank or creek bank only where it is shown that vegetation alone will not stabilize the bank.

(7)

Access paths shall be constructed and surfaced so as to effectively control erosion.

(8)

Runoff from new development or redevelopment shall be directed toward areas covered with vegetation for surface infiltration catch basins, avoiding channeling and preventing concentrated flows of surface water. Piped storm sewers shall be permitted.

(f)

Permitted buffer impacts. The following development activities shall be permitted within the required riparian buffer area of the RCC Overlay District, provided no more land is disturbed than is necessary to provide for the desired installation or construction, all required permits have been issued, and any land disturbance activity complies with all erosion and sediment control requirements of Chapter 11.1 of this Code for the stabilization of disturbed areas to minimize negative effects on the quality of surface waters:

(1)

Any maintenance activity of an existing use or structure, provided it does not change or affect the quality, rate, volume, or location of surface water discharge, or involve the destruction of vegetation, as determined by the Zoning Administrator in consultation with the City Engineer;

(2)

Emergency removal of debris resulting from floods or other natural disasters;

(3)

Linear utility lines, railroad tracks, public streets or other public infrastructure improvements, and private streets;

(4)

Public passive recreation uses such as greenways and pervious trails, provided that to the extent possible, such pathways use existing and proposed utility alignments or previously cleared areas and minimize tree cutting to the maximum extent practicable;

(5)

Individual pedestrian paths connecting homeowners to the river or creek in the form of narrow, pervious footpaths with minimal tree disturbance; or

(6)

Historic preservation of existing structures or archaeological activities.

(g)

Variances. When a hardship would result from adherence to the application of the requirements of this section, a request for a variance may be made pursuant to the procedures set forth in Section 36.2-561.

(Ord. No. 40710, § 1, 12-5-16)

(a)

Purpose. The Comprehensive Sign Overlay District is intended to provide the opportunity for innovative comprehensive signage plans for developments which contain a number of constraints to conventional sign placement and allocation regulation while at the same time serving the public purposes set forth in Section 36.2-660.

(b)

Applicability. Any area meeting the requirements of this section may, by amendment to this chapter, be zoned Comprehensive Sign Overlay District, and such area shall be designated as such overlay on the Official Zoning Map.

(c)

Standards. All applications for review and approval of a Comprehensive Sign Overlay District shall comply with the following standards:

(1)

A Comprehensive Sign Overlay District shall be applied as an overlay only to lots located within a residential multifamily district, multiple purpose district, industrial district, or planned unit development district;

(2)

A Comprehensive Sign Overlay District shall consist of at least two (2) acres;

(3)

The comprehensive signage plan shall emphasize compatibility with the buildings and site design;

(4)

The maximum sign area and dimensions, sign types, and permitted sign characteristics shall be as established by adoption of a Comprehensive Sign Overlay District.

(d)

Procedural requirements.

(1)

A request to establish and apply a Comprehensive Sign Overlay District to a specific property or contiguous properties may be initiated by application of the property owner, contract purchaser with the owner's written consent, or the owner's agent in order to provide alternative sign regulations than would otherwise be required by this chapter. Such a request shall be considered an amendment to the zoning code and Official Zoning Map, and review and approval shall be subject to the amendment requirements as set forth in Section 36.2-540. If a Comprehensive Sign Overlay District is established, the sign limitation established by that overlay district shall govern.

(2)

In addition to the requirements of Section 36.2-540, an application to establish a Comprehensive Sign Overlay District shall include a comprehensive signage plan that contains the following information:

(A)

A written plan detailing the type, quantity, size (dimensions), shape, color, material, and location of all signs, existing and proposed, within the property that is the subject of the proposed Comprehensive Sign Overlay District;

(B)

A summary of how the Comprehensive Sign Overlay District, as proposed, will serve the objectives set forth in Section 36.2-660;

(C)

An illustration of each sign included within the proposal, including each sign face;

(D)

An illustration of any proposed sign landscaping; and

(E)

An illustration of proposed lighting for any illuminated signs.

(3)

In addition to the requirements of Section 36.2-540, the Planning Commission and City Council shall consider an application to establish a Comprehensive Sign Overlay District to determine that the Comprehensive Sign Overlay District, as proposed, meets the standards set forth in this section and will serve the public purposes and objectives set forth in Section 36.2-660 at least as well, or better, than the signage that would otherwise be required by this chapter for the subject property.

(4)

Following adoption of a Comprehensive Sign Overlay District by the City Council, the regulations of the district shall apply uniformly to all lots located within the boundaries of the Overlay District.

(5)

Comprehensive Sign Overlay Districts which have been properly established may be amended or varied only upon submission and approval of a zoning amendment application pursuant to Section 36.2-540.

(Ord. No. 37633, § 5, 11-20-06; Ord. No. 40088, § 1, 10-20-14; Ord. No. 40710, § 1, 12-5-16; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)