Shenandoah County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE XVI
Floodplain Regulations
§ 165-119 Statutory authorization; purpose.
A.
Virginia Code, § 15.2-2283 specifies that zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public and of further accomplishing the objectives of Virginia Code, § 15.2-2200, which encourages localities to improve the public health, safety, convenience, and welfare of their citizens. To these ends, flood ordinances shall be designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flood. In accordance with these directed provisions, this article is specifically adopted pursuant to the authority granted to localities by Virginia Code, § 15.2-2280.
B.
The purpose of this article is to prevent the loss of life, health, or property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(1)
Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;
(2)
Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;
(3)
Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage; and
(4)
Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
§ 165-120 Definitions.
Unless otherwise expressly provided, the below definitions only apply to terms used within this article:
A nonresidential structure which is on the same parcel as a principal structure and the use of which is incidental to the use of the principal structure.
The flood having a 1% chance of being equalled or exceeded in any given year.
The water surface elevations of the base flood, that is, the flood level that has a 1% or greater chance of occurrence in any given year. The water surface elevation of the base flood in relation to the datum specified on Shenandoah County's Flood Insurance Rate Maps. For the purposes of this article, the base flood is the 1% annual chance flood.
Any area of the building having its floor subgrade (below ground level) on all sides.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, temporary structures, mining, dredging, filling, grading, paving, excavation, drilling or other land-disturbing activities or storage of equipment or materials.
A nonbasement building built to have the lowest floor elevated above the ground level by means of solid foundation perimeter walls, pilings, or columns (posts and piers).
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.
For the purposes of the insurance program, structures for which the "start of construction" commenced before August 1, 1978, the effective date of the initial FIRM. "Existing construction" may also be referred to as "existing structures" and "pre-FIRM."
An official map on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to Shenandoah County. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
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.
A general or temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters; or
The unusual and rapid accumulation or runoff of surface waters from any source.
Mudflows which are proximately caused by flooding as defined in Subsection A(1) 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.
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 Subsection A(1) of this definition.
Any land area susceptible to being inundated by water from any source.
Any combination of structural and nonstructural 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.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point within Shenandoah County.
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.
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.
the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
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
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
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.
A letter from FEMA to the County indicating that a new FIRM will become effective and stating the effective date.
An official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of map change include:
LETTER OF MAP AMENDMENT (LOMA)An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a land as defined by 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 Shenandoah County's floodplain management regulations.
CONDITIONAL LETTER OF MAP REVISION (CLOMR)A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study.
The lowest natural elevation of the ground surface next to the walls of a structure.
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 nonelevation design requirements of 44 CFR 60.3.
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on the County's FIRM(s) are referenced.
For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after August 1, 1978, 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 Shenandoah County and includes any subsequent improvements to such structures.
A structure for which construction or substantial improvement occurred on or after August 1, 1978.
A structure for which construction or substantial improvement occurred before August 1, 1978.
A vehicle which is:
soil properties associated with wetness that result from the reduction and oxidation of iron and manganese compounds in the soil after saturation with water and desaturation, respectively.
A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions in a ten-year period, in which the cost of the repair, on the average, equalled or exceeded 25% 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.
A structure that:
Is covered under a contract for flood insurance made available under the NFIP; and
Has incurred flood-related damage:
For which four or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000; or
For which at least two separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure.
A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as determined in § 165-127 of this article.
The date a building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term does not, however, include either:
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
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
A system installed within the soil and designed to accommodate treated sewage from a treatment works.
effluent that has been treated to produce BOD5 and TSS concentrations equal to or lesser than 10 mg/l each.
any device or system used in the storage, treatment, disposal, or reclamation of sewage or combinations of sewage and industrial wastes, including pumping, power, and other equipment and appurtenances, septic tanks, and any works, including land, that are or will be i) an integral part of the treatment process or ii) used for ultimate disposal of residues or effluent resulting from such treatment.
A decision of the Board of Zoning Appeals, which shall be granted with respect to the provisions of this article only in accordance with the procedures set forth in § 165-137 of the Shenandoah County Code.
The failure of a structure or other development to be fully compliant with Shenandoah County's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.
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.
§ 165-121 Applicability.
These provisions shall apply to all lands within the jurisdiction of Shenandoah County and identified as areas of special flood hazard on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to the County of Shenandoah by FEMA.
§ 165-122 Compliance and liability.
A.
No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.
B.
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, 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 article does not imply that districts outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages.
C.
This article shall not create liability on the part of Shenandoah County or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision made thereunder.
§ 165-123 Abrogation and greater restrictions.
To the extent that the provisions are more restrictive, this article supersedes any ordinance currently in effect in flood-prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict, it shall remain in full force and effect. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.
§ 165-124 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this article. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this article are hereby declared to be severable.
§ 165-125 Designation of Floodplain Administrator.
Unless otherwise provided by ordinance or resolution of the Board of Supervisors, the Zoning Administrator shall administer and implement the regulations of this article and shall be the Floodplain Administrator.
§ 165-125.1 Duties and responsibilities of Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
A.
Review applications for permits to determine whether proposed activities will be located in the SFHA.
B.
Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.
C.
Review applications for new construction and substantial improvements and issue permits for the same 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.
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 nontidal waters of the state.
E.
Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEQ, USACE), and have submitted copies of such notifications to FEMA.
F.
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 noncompliance has occurred or violations have been committed.
G.
Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop-work orders, and require permit holders to take corrective action.
H.
Review elevation certificates and require incomplete or deficient certificates to be corrected.
I.
Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the County of Shenandoah, within six months after such data and information become available if the analyses indicate changes in base flood elevations.
J.
Administer the requirements related to proposed work on existing buildings:
(1)
Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.
(2)
Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the noncompliant 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.
K.
Maintain and permanently keep records that are necessary for the administration of these regulations, including:
(1)
Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps), and letters of map change; and
(2)
Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, inspection records, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.
§ 165-126 Use and interpretation of FIRMs.
The Floodplain 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:
(1)
Are below the base flood elevation in a SFHA, even in areas not delineated as a SFHA on a FIRM, the area shall be considered to be a SFHA and subject to the requirements of these regulations;
(2)
Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the area shall be regulated as a special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the SFHA.
B.
In FEMA-identified SFHAs 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:
(1)
Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.
(2)
Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to § 165-127A(3) and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.
(3)
Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
§ 165-126.1 District boundary changes.
The delineation of any of the Floodplain Districts may be revised by Shenandoah County where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U. S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. A completed LOMR is a record of this approval.
§ 165-126.2 Interpretation of district boundaries.
Initial interpretations of the boundaries of the floodplain districts shall be made by the Floodplain Administrator. Should a dispute arise concerning the boundaries of any of the 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.
§ 165-126.3 Letters of map revision.
When development in the floodplain will cause or causes a change in the base flood elevation, the applicant must notify FEMA by applying for a conditional letter of map revision and then a letter of map revision.
§ 165-127 Basis for establishing special flood hazard districts.
A.
The various special flood hazard districts shall include the SFHAs. The basis for the delineation of these districts shall be the FIS and the FIRMs for Shenandoah County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated July 16, 2003, and February 2, 2006, and any subsequent revisions or amendments thereto.
B.
The County of Shenandoah may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a Local Flood Hazard Map using best available topographic data and locally derived information such as flood of record, historic high water marks, or approximate study methodologies.
C.
The boundaries of the SFHA districts are established as shown on the FIRM which is incorporated by reference into this article.
(1)
The Floodway District is within an AE Zone and is delineated, for purposes of this article, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the 1% annual chance flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this District are shown on the accompanying FIRM. The following provisions shall apply within the Floodway District of an AE Zone:
(a)
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 Shenandoah County during the occurrence of a base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.
(b)
Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies, with the County of Shenandoah's endorsement, for a conditional letter of map revision (CLOMR), and receives the approval of the Federal Emergency Management Agency.
(c)
All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article, including but not limited to §§ 165-128.1 and 165-128.2.
(d)
The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision, provided the anchoring, elevation, and encroachment standards are met.
(2)
The AE or AH Zones (also called Zones A1-A30 on older FIRMs) on the FIRM accompanying the FIS shall be those areas for which 1% annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH Zone where FEMA has provided base flood elevations:
(a)
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 foot at any point within Shenandoah County.
(b)
Development activities in Zones AE or AH on the Shenandoah County FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies, with Shenandoah County's endorsement, for a conditional letter of map revision, and receives the approval of the Federal Emergency Management Agency.
(3)
The A Zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the 1% annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply:
(a)
The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 1% 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 1% 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 apply to the Floodplain Administrator for a determination as to the base flood elevation. Any such application shall be supported by documentation that reflects currently accepted practices, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.
(b)
The Floodplain Administrator may require a hydrologic and hydraulic analysis for any development.
(c)
As part of the permitting process and in addition to any other requirements of this article, the applicant shall provide to the Floodplain Administrator:
[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 floodproofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been floodproofed.
(4)
The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding identified as AO on the FIRM. For these areas, the following provisions shall apply:
(a)
All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade.
(b)
All new construction and substantial improvements of nonresidential structures shall:
[1]
Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or
[2]
Together with attendant utility and sanitary facilities be completely floodproofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(c)
Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.
§ 165-127.1 Overlay concept.
A.
The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the Floodplain Districts shall serve as a supplement to the underlying district provisions.
B.
If there is any conflict between the provisions or requirements of the Floodplain Districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the Floodplain Districts shall apply.
C.
In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.
§ 165-128 Permit and application requirements.
A.
Permit requirement. All uses, activities, and development occurring within any SFHA, including placement of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code and the Shenandoah County Subdivision Regulations.[1] Prior to the issuance of any such permit, the Floodplain Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to ensure 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 SFHA shall include the following information:
(1)
The elevation of the base flood at the site.
(2)
For structures to be elevated, the elevation of the lowest floor (including basement).
(3)
For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.
(4)
Topographic information showing existing and proposed ground elevations.
§ 165-128.1 General standards.
The following provisions shall apply to all permits issued under this article:
A.
New construction and substantial improvements shall be built according to this article 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.
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 floodwaters into the system.
G.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
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 in Subsections A through H above, in all SFHAs, the additional provisions shall apply:
(1)
Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit shall be obtained from the U.S. Army Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and the Federal Emergency Management Agency.
(2)
The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.
§ 165-129 Prohibited uses and activities.
Without limitation, the following uses and activities are prohibited from any Floodplain District:
A.
Septic systems (other than subsurface drainfields), pit privies or other on-site waste disposal systems [except as provided in § 165-129.1B(1)].
B.
Dwelling units except as permitted in § 165-129.1B(1).
C.
All businesses and industries.
D.
Any use where people congregate in permanent structures, e.g., churches, schools, institutional uses, etc.
E.
Any agricultural building housing confined animals.
F.
Filling of land, except for restoration or reclamation purposes.
§ 165-129.1 Permitted and special permit activities.
A.
Permitted activities. In any floodplain district, only the following activities are permitted, provided that they are in compliance with the provisions of this article, the provisions of the underlying districts, and are not prohibited by any other ordinance, and provided that they do not require structures, fill or storage of materials and equipment.
(1)
Agriculture uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.
(2)
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet ranges and hunting and fishing areas.
(3)
Accessory residential uses such as yard areas, gardens, play areas, and pervious parking and loading areas, airport landing strips, etc.
B.
Activities permitted by special use permit. In addition to the uses set forth in § 165-129.1A, in any floodplain district, the following activities are permitted only by special use permit, even if the underlying district would otherwise allow the activities by right outside of the floodplain district:
(1)
Single-family dwellings subject to the following:
(a)
Single-family dwellings are permitted with the issuance of a special use permit on parcels that meet the following criteria:
[1]
The parcel is zoned Low-Density Residential (R-1), Medium-Density Residential (R-2), or High-Density Residential (R-3).
[2]
A building site cannot be found on the parcel outside of the 100-year floodplain.
[3]
The parcel was created before 1978 and purchased by the current owner before February 25, 1997.
(b)
Septic tank and drainfield sewage disposal systems may be approved in the floodplain district as part of the special use permit for lots meeting the criteria of § 165-129.1B(1)(a). These systems shall comply with § 165-135 of this article and shall be designed by a professional engineer to a standard which shall minimize the dislodgement of any of the components of the system during a flood event. Any appurtenances associated with the system shall be designed to be floodproof. In addition, all regulations of the Health Department and applicable regulations of this article for septic systems must be met.
(c)
The single-family dwelling must comply with all other requirements of this article.
(2)
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewerage treatment plants and other similar or related uses.
(3)
Water-related uses and activities such as marinas, docks, wharves, piers, etc.
(4)
Extraction of sand, gravel and other materials.
(5)
Temporary uses such as circuses, carnivals and similar activities.
(6)
Storage of materials and equipment, provided that they are not buoyant, flammable or explosive and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning.
(7)
Farm buildings for the storage of hay or feed, farm buildings for the sheltering, raising, and handling agricultural animals, provided that no such animals may be confined to the buildings; also picnic shelters with open sides. The storage of hazardous or flammable materials is prohibited within these structures.
C.
Special use permits shall not be considered or approved unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed development will not result in any increase in the 100-year flood elevation. This does not apply to § 165-129.1B(5).
§ 165-130 Elevation and construction standards.
In all SFHAs where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with § 165-127A(3), the following provisions shall apply to any permitted construction:
A.
Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in Zones AE, AH, A, and AO with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the BFE.
B.
Nonresidential construction.
(1)
New construction or substantial improvement of any existing commercial, industrial, or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the BFE.
(2)
Non-residential buildings located in all AE and AH Zones may be floodproofed in lieu of being elevated, provided that all areas of the building components below the elevation corresponding to the BFE are watertight with walls substantially impermeable to the passage of water and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the Floodplain Administrator.
C.
Space below the lowest floor. In Zones A, AE, AH, and AO, fully enclosed areas of new construction, or fully enclosed areas of substantially improved structures, which are below the BFE shall:
(1)
Not be designed or used for human habitation, but shall be used solely for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator);
(2)
Be constructed entirely of flood-resistant materials below the BFE;
(3)
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:
(a)
Provide a minimum of two openings on different sides of each enclosed area subject to flooding.
(b)
The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.
(c)
If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.
(d)
The bottom of all required openings shall be no higher than one foot above the adjacent grade.
(e)
Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.
(f)
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.
(1)
In Zones A, AE, AH, and AO, all manufactured homes placed, or substantially improved, on individual lots or parcels must meet all the requirements for new construction, including the elevation and anchoring requirements in §§ 165-128.1 and 165-128.2.
(2)
All recreational vehicles placed on sites must:
(a)
Be on the site for a period no greater than the lesser of 30 consecutive days or such shorter period as may be specified in the district regulations for the applicable zoning district; and
(b)
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 meet all the requirements for manufactured homes in § 165-128.2E(1).
(c)
Be removed from the property for at least 14 consecutive days each time it is removed.
§ 165-135 Design criteria for utilities and facilities.
A.
Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.
B.
Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages.
C.
Drainage facilities. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites. The Board of Supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.
D.
Utilities. All utilities, such as gas lines, electrical and telephone systems being placed in flood-prone areas should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flooding occurrence.
E.
Streets and sidewalks. Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights.
F.
Sewage disposal systems. All subsurface drainfields shall meet standards set forth in the Virginia Health Department's Sewage Handling and Disposal Regulations or the following standards, whichever are the more restrictive:
(1)
For all drainfields located within any portion of the floodplain district:
(a)
Subsurface drainfields limited to traditional gravel/pipe dispersal methods.
(b)
The minimum depth from the ground surface to the bottom of the drainfield trench shall be 18 inches.
(c)
A permit shall be obtained from the State Health Department.
(d)
All sewage disposal systems requiring treatment pursuant to § 165-135F(2) or (3) of this chapter shall be designed to meet TL-3 treatment standards as defined by the Virginia Department of Health and National Sanitation Foundation (NSF) Standard 245 or equivalent.
(2)
For subsurface drainfields having any portion within 100 feet of the edge of the stream or river:
(a)
The sewage disposal system shall be designed using enhanced flow distribution.
(b)
Sewage disposal systems shall be designed to meet TL-3 and National Sanitation Foundation (NSF) Standard 245 or equivalent.
(c)
No subsurface drainfield shall be located closer than 75 feet to another drainfield.
(d)
No portion of any subsurface drainfield shall be located closer than 50 feet to the edge of a stream, river, or sinkhole.
(e)
The minimum separation from the bottom of the drainfield trench to the redoximorphic features and/or permeability restrictive features shall be 24 inches.
(3)
For drainfields located in their entirety more than 100 feet from the edge of the stream or river but wholly or partially within the floodplain district:
(a)
Sewage disposal systems designed for septic tank effluent shall be designed so that the nitrate concentration of treated effluent at the adjacent river or stream does not exceed five milligrams per liter. Mounding and nitrate concentration calculations shall be submitted with the permit application to the Health Department when the proposed system and adjacent systems are within 200 feet of each other and would treat more than a combined total of 1,000 gallons per day.
(b)
The minimum separation from the bottom of the drainfield trench to the redoximorphic and/or permeability restrictive features shall be as follows:
Minimum Separation Distances | |||
|---|---|---|---|
Soil Texture Group | Percolation Rate (minutes per inch) | Separation Distance (inches) | |
Without Treatment | With Treatment1 | ||
Group I | 1 to 16 | 24 | 18 |
Group II | 17 to 45 | 18 | 12 |
Group III | 46 to 90 | 18 | 12 |
Group IV | 90 to 120 | 18 | 12 |
NOTES: | |
|---|---|
1 | "Pretreatment," in this context, refers to sewage that has been treated to reduce both BOD and suspended solids to 10 milligrams per liter or less per TL-3 effluent standards. |
(4)
Septic tanks, treatment units, pump tanks, holding tanks, and tanks for other on-site wastewater uses that are permitted in the floodplain by Article XVI, Floodplain Regulations, shall meet the following criteria:
(a)
Tanks shall be structurally sound and watertight.
(b)
All tanks shall be designed and certified by a professional engineer, licensed and qualified to perform structural design in the Commonwealth of Virginia.
(c)
Buoyancy and dislodgement. Tank designs shall implement suitable buoyancy controls and minimize dislodgement potential during a flood event.
(d)
Penetrations.
[1]
Access ports/lids shall be manufactured with the first section of the access riser pre-cast or manufactured into the top of the tank.
[2]
A watertight boot shall be provided at all pipe penetrations. Boots for all tanks must meet ASTM C-923 (or equivalent). Boots for concrete tanks must be provided with a clamp assembly to resist pipe deformation.
(e)
Tank testing. All tanks shall be watertight, including inlet and outlet pipe penetrations, and the riser assembly. Tanks shall be tested after tank placement at the intended location and connection of all piping and access risers. The installer shall complete one of the following tests in conjunction with inspection by a Health Department representative or other qualified, licensed design professional:
[1]
Water test procedure. The tank shall be filled with water to a level above the tank's outer surface and into the access riser for a minimum twenty-four-hour duration. The initial water level must be marked in the riser. All tank penetrations and seams must be visible for inspection. At the time of inspection, the water level is to be refilled to the indicator mark and observed for one hour. If the level has not dropped, the tank passes.
[2]
Vacuum test procedure. A vacuum test is performed by plugging the inlet and outlet piping and using a vacuum pump (with an appropriate vacuum gauge) to pull a negative pressure of 2.5 inches of mercury. The tank must hold this vacuum level for a minimum of five minutes with no more than a 10% variation in the pressure.
(5)
Repairs. Legally existing sewage disposal systems may be repaired, provided that the repairs meet the standards for the originally installed system or the minimum criteria of VDH regulations, whichever is more restrictive.
(a)
Tank replacements must comply with § 165-135F(4) above.
§ 165-136 Existing structures in floodplain areas.
A structure or use of a structure or premises which lawfully existed before the enactment of these provisions must be brought into conformity with these provisions when it is changed, repaired, or improved unless one of the following exceptions is established before the change is made:
A.
The Floodplain Administrator has determined that:
(1)
Change is not a substantial repair or substantial improvement; and
(2)
No new square footage is being built in the floodplain that is not compliant; and
(3)
No new square footage is being built in the floodway; and
(4)
The change, when added to all the changes made during a rolling five-year period, does not constitute 50% of the structure's value.
B.
The changes are required to comply with a citation for a health or safety violation.
C.
The structure is a historic structure and the change required would impair the historic nature of the structure.
§ 165-137 Variances.
A.
Variances shall be issued only upon a showing of good and sufficient cause, after the Board of Zoning Appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and 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.
B.
While the granting of variances generally is limited to a lot size less than 1/2 acre, deviations from that limitation may occur. However, as the lot size increases beyond 1/2 acre, the technical justification required for issuing a variance increases. Variances may be issued by the Board of Zoning Appeals for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the BFE, in conformance with the provisions of this section.
C.
Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that the criteria of this section are met and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
D.
In considering 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 1% 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 the County.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding for the proposed use.
(8)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
(10)
The safety of access by ordinary and emergency vehicles to the property in time of flood.
(11)
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
(12)
The 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 article.
E.
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. The expense of any additional technical assistance that may be required by the Board of Zoning Appeals shall be the responsibility of the applicant.
F.
Any variance issued by the Board of Zoning Appeals shall be limited to the minimum extent necessary to provide relief to the applicant.
G.
The Zoning Administrator shall notify the applicant for a variance on behalf of the Board of Zoning Appeals, in writing, that the issuance of a variance to construct a structure below the 1% chance flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance.
H.
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.