Overlay districts, as presented in this article, are created for the purpose of establishing special regulations in given designated areas of the county to accomplish stated purposes that are set forth in each overlay district. Overlay districts shall be in addition to and shall overlap and overlay all other zoning districts so that any parcel of land lying in an overlay district shall also lie in one or more of the zoning districts provided for by this chapter.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-166, § 2, 12-13-16)

This Division is adopted pursuant to the authority granted to localities by Code of Virginia §15.2-2200, § 15.2-2283, and § 15.2-2280.

The purpose of these provisions is to prevent the loss of property and life, 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 and development which, acting 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 and development from locating within areas subject to flooding;

(3)

Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage;

(4)

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

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

These provisions shall apply to all privately-owned and publicly-owned lands within the jurisdiction of the County of Spotsylvania and identified as areas of special flood hazard as shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to the County by FEMA. The Board of Supervisors may designate areas as special flood hazard regardless of whether or not they are shown on the FIS or FIRMs.

The floodplain overlay district shall include all areas subject to inundation by waters of the base flood. The basis for the delineation of the district shall be the Flood Insurance Study (FIS) and the accompanying flood insurance rate maps for the County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated May 9, 2023, and any subsequent revisions thereto.

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

(a)

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

(b)

The degree of flood protection sought by the provisions of this Division is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total protection from flooding or flood events. 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 Division does not imply that districts outside the floodplain district, or that land uses permitted within such district will be free from flooding or flood damages.

(c)

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

(d)

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

(e)

Any person who fails to comply with any requirement or provision of this Division or direction of the Zoning Administrator or any authorized employee of the County shall be guilty of the appropriate violation and subject to the penalties thereof.

The Virginia Uniform Statewide Building Code addresses building code violations and the associated penalties in Section 104, 105, and 115. Violations and associated penalties of the County's Zoning Ordinance are addressed in Article 9 of the Zoning Ordinance.

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

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

To the extent that the provisions are more restrictive, this Division 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 or effect.

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

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

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

For the purposes of this Division the words and terms below shall have the meanings ascribed to them in this section. Terms not otherwise defined herein shall have the meanings set forth in Article 2 of this Chapter.

Appurtenant or accessory structure means a non-residential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures are not to exceed 600 square feet.

Base flood means a flood that has a statistical one percent (1%) chance of being equaled or exceeded in a given year. This term shall be synonymous with "100-year flood" and "1%-annual-chance flood".

Base flood elevation (BFE) means the water surface elevation(s) of the base flood is shown on or otherwise determined pursuant to the most current FIRM.

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

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

Chapter means Chapter 23, Zoning, of the Spotsylvania County Code of Ordinances.

Development means any man made change to improved or unimproved real estate, including but not limited to buildings or other structures (temporary and permanent), the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations, or other land-disturbing activities, or storage of equipment or materials (temporary or permanent). It shall not include exempt activities as set forth herein.

Division means Chapter 23 - Zoning, Article 7- Overlay District, Division 2 - Floodplain Overlay District, of the Spotsylvania County Code of Ordinances.

Elevated building means any building without a basement built to have the lowest floor elevated above the ground by means of solid perimeter walls, pilings, or columns (posts and piers).

Encroachment means the advance or infringement of development into a floodplain.

Existing construction means, for the purposes of the insurance program, structures for which the "start of construction" commenced before the effective date of the FIRM or before December 1, 1987 for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures" and "pre-FIRM".

Existing development means any lawful development which existed on or before the effective date of the most-current FIRM, and/or development which has been properly-permitted and for which construction has commenced on or before the effective date of the most-current FIRM.

FEMA means the Federal Emergency Management Agency.

Flood or flooding means

1.

A general or temporary inundation of normally dry land area from:

a.

The overflow of inland or tidal waters; and/or

b.

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

c.

Mudflows which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a liquid river of 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 any of the above events.

Flood insurance rate map (FIRM) means the most recent official map prepared by the Federal Emergency Management Agency (FEMA) upon which has been delineated both the special hazard areas and risk premium zones applicable for the County of Spotsylvania. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

Flood insurance study (FIS) means a report by FEMA that examines, evaluates, and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudflow and/or flood-related erosion hazards.

Floodplain or flood-prone area means any land susceptible to being inundated by water from any source.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

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

Functionally-dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

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

Historic structure means any structure in any of the following categories:

1.

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

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Listed individually on the Virginia Landmarks Register (VLR); and/or

4.

Included in and subject to any Historic Overlay District established pursuant to Article 7, Division 3 (Historic Overlay Districts) of this Chapter.

Hydrologic/Hydraulic engineering analysis means an analysis 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 Change (LOMC) means an official written FEMA determination that amends or revises an effective FIRM or FIS. This term shall include:

1.

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, and which amends the current effective FIRM and establishes that a land as defined by meets and bounds or structure is not located in a special flood hazard area.

2.

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.

3.

Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill, permitted and placed in accordance with applicable regulations of the County, above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood.

4.

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, but does not revise the effective FIRM or FIS.

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

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

Manufactured home means a structure subject to federal regulation, which is transportable in one (1) or more sections; is eight (8) body feet or more in width and forty (40) or more body feet in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected onsite; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure, as also set forth in Article 2 of this Chapter under dwelling, manufactured home.

Manufactured home park means any area fifteen (15) acres or more, however designated, that is occupied or designed for occupancy by one (1) or more manufactured homes, as also set forth in Article 2 of this Chapter, under manufactured home park.

Mean sea level means, for purposes of the National Flood Insurance Program, the datum to which base flood elevations shown on the County's FIRM are referenced.

New construction means, for the purposes of the National Flood Insurance Program, structures for which the start of construction commenced on or after December 1, 1987, including any subsequent improvements to said structures.

Post-FIRM structure means a structure for which construction or substantial improvement occurred on or after December 1, 1987.

Pre-FIRM structure means a structure for which construction or substantial improvement occurred before December 1, 1987.

Recreational vehicle means any vehicle which is built on a chassis; four hundred (400) square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use; such use within the County for not more than 14 days in a 60 day period, see

Camping in Chapter 14, Article 1, Section 14-10.

Repetitive Loss Structure means a building covered by a contract for flood insurance that has incurred flood-related damages on two occasions in a ten (10) year period, in which the cost of the repair, on the average, equaled or exceeded twenty-five percent (25%) of the market value of the structure at the time of each flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

Severe Repetitive Loss Structure means a structure that (a) is covered under a contract for flood insurance made available under the NFIP; and (b) has incurred flood-related damage - (i) for which four (4) 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 (ii) for which at least two (2) separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure.

Shall means "must" or "will" and is mandatory as opposed to permissive.

Shallow flooding area means 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.

Special flood hazard area (SFHA) means land in the floodplain subject to a one percent (1%) or greater chance of being flooded in any given year, and as regulated herein.

Start of construction means, for other than new construction and substantial improvement, the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

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

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. Included in this term are flood-related damages sustained by a structure on two occasions in a ten (10)-year period, in which the cost of the repair, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure at the time of each such flood event.

Substantial improvement means any reconstruction, rehabilitation, addition, modification, alteration, repair or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not 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 building 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 structures continued designation as a "historic structure".

3.

Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State 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.

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

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

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

A.

The Zoning Administrator serves as the Floodplain Administrator unless the Board of Supervisors appoints a different person or position. The Floodplain Administrator may

1.

Delegate duties and responsibilities set forth herein to qualified technical personnel, plan examiners, inspectors, and other employees; and

2.

Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of this Division. Administration of any part of this Division by another entity shall not relieve the County of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR Section 59.22.

B.

The duties of the Floodplain Administrator shall include, but are not limited to:

1.

Reviewing applications for permits to determine whether proposed activities will be located in the SFHAs.

2.

Interpreting floodplain boundaries and providing available base flood elevation and flood hazard information.

3.

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

4.

Reviewing 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.

5.

Verifying 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, U. S. Army Corps of Engineers), and have submitted copies of such notifications to FEMA.

6.

Advising applicants for new construction or substantial improvement of structures that are located within an area of Coastal Barrier Resources System established by the Coastal Barriers Resources Act that Federal flood insurance in not available on such structures; areas subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier Resource System Areas (CBRS) or Otherwise Restricted Areas (OPA).

7.

Approving applications and issuing permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapproving applications if the provisions of these regulations have not been met.

8.

Inspecting or causing 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.

9.

Reviewing elevation certificates prepared in accordance with FEMA standards and requiring incomplete or deficient certificates to be corrected.

10.

Submitting to FEMA, or requiring applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for Spotsylvania County within six (6) months after such data and information becomes available if the analyses indicate changes in base flood elevations.

11.

Maintaining and permanently keeping 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.

12.

Enforcing the provisions of these regulations, investigating violations, issuing notices of violations or stop work orders, and requiring permit holders to take corrective action.

13.

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

14.

Administering the requirements related to proposed work on existing buildings, including: making 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; making reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct; and prohibiting 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.

15.

Undertaking, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other Federal, State, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in SFHAs; and assisting property owners with documentation necessary to file claims for Increased Cost of Compliance coverage under NFIP flood insurance policies.

16.

Notifying FEMA when the corporate boundaries of Spotsylvania County have been modified, to include: providing 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 if the FIRM for any annexed area includes SFHAs that have flood zones that have regulatory requirements that are not set forth in these regulations, preparing amendments to these regulations to adopt the FIRM and appropriate requirements, and submitting the amendments to the governing body for adoption such that 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.

17.

Upon the request of FEMA, completing and submitting a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

18.

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

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

The floodplain overlay district described in this Division is an overlay to the existing underlying zoning districts and shall be shown on or noted on the affected pages of the official zoning map by the Zoning Administrator and, as such, the provisions of the floodplain overlay district shall serve as a supplement to the underlying district provisions.

If there is any conflict between the provisions or requirements for the floodplain overlay district and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain district apply.

In the event any provision concerning the floodplain overlay district is declared inapplicable as a result of any legislative or administrative actions of judicial decision, the basic underlying provisions shall remain applicable.

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

The floodplain overlay district shall include all areas subject to inundation by waters of the base flood. The basis for the delineation of the district shall be the Flood Insurance Study (FIS) and the accompanying flood insurance rate maps for the County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated May 9, 2023, and any subsequent revisions thereto. The most recent flood insurance rate map, effective May 9, 2023, and any subsequent revisions thereto is declared to be part of this division and shall be kept on file in the office of the Zoning Administrator of the County.

The County's base flood elevations may increase or decrease resulting from physical changes affecting flood conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, the County shall notify FEMA of the changes by submitting technical or scientific data. The County may submit data via a LOMR. Such a submission is necessary so that upon confirmation of those physical changes affecting flood conditions, risk premium rates and floodplain management requirements will be based upon current data.

When development in the floodplain will cause or causes a change in the basic flood elevation, the applicant, including state agencies, must notify FEMA by applying for a Conditional Letter of Map Revision (CLOMR) and then a Letter of Map Revision (LOMR).

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

The delineation of the general boundaries of the floodplain overlay district official map may be revised by the County when deemed appropriate where natural or man-made changes have occurred and/or more detailed studies 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 changes approval must be obtained from the Federal Insurance Administration. A completed LOMR is a record of this approval.

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

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

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 are below the base flood elevation in the riverine SFHAs, or below the one percent (1%) storm surge elevation in coastal SHFAs, even in areas not delineated on a FIRM, the area shall be considered as a SFHA and subject to the requirements of this Division.

B.

Where field-surveyed topography indicates that adjacent ground elevations are above the base flood elevation, and the area is labeled as a SFHA on the FIRM, the area shall be regulated as a special flood hazard area unless the owner obtains a Letter of Map Change that removes the area from the SFHA.

C.

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.

D.

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.

E.

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.

F.

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, and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

3.

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

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

The various special flood hazard districts shall include the SFHAs. The basis for delineation of these districts shall be the FIS and the FIRM for the County prepared by the FEMA Federal Insurance Administration, dated May 9, 2023, and any subsequent revisions or amendments thereto.

The County 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.

The boundaries of the SFHA Districts are established as shown on the FIRM, which is declared to be a part of this Division and which shall be kept on file at the County offices.

A.

The AE, AH, or A1-30 Zones on the FIRM accompanying the FIS shall be those areas for which one-percent (1%) annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE, AH, or A1-30 zone where FEMA has provided base flood elevations:

1.

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 by professional engineers or others of demonstrated qualifications, 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 the County.

2.

Development activities in Zones A1-30, AE, or AH on the County'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 - with the County's endorsement - for a Conditional Letter of Map Revision (CLOMR), and receives FEMA approval.

B.

The Floodway District. These are watercourse channels and adjacent lands within an AE Zone which must be capable of carrying the waters of the one percent (1%) annual chance flood without increasing the water surface elevation of that flood more than one (1) foot at any point.

1.

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 County during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.

2.

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

If this subsection is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 23-7.2.12 and 23-7.2.13 of the Spotsylvania County Code of Ordinances.

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

C.

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:

1.

Residential. 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 (2) feet above the highest adjacent grade.

2.

Nonresidential. All new construction and substantial improvements of nonresidential structures shall:

i.

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 (2) feet above the highest adjacent grade; or,

ii.

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.

3.

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

D.

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 one percent (1%) annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply:

The base flood elevations and floodway information from Federal, State, and other acceptable sources shall be used, when available. Where the specific one percent (1%) annual chance flood elevation cannot be determined for 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) which shall be undertaken only by professional engineers or others of demonstrated qualifications. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.

The Floodplain Administrator reserves the right to require a hydrologic and hydraulic analysis for any development in the A Zone. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus eighteen (18) inches.

The following must be provided by the applicant with the building permit application(s):

i.

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

ii.

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

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser.

E.

The VE or V Zone on FIRMs accompanying the FIS shall be those areas known as Coastal High Hazard Areas, extending from offshore to the inland limit of a primary frontal dune along an open coast or other areas subject to high velocity waves. The standards in this section also apply to all manufactured homes and recreational vehicles in zones A, AE, AH, and AO placed, or substantially improved, on individual lots or parcels. These standards are as follows:

1.

All new construction an substantial improvements in Zones V and VE, shall be elevated on pilings or columns so that:

i.

The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level plus eighteen (18) inches if the lowest horizontal structural member is parallel to the direction of wave approach or elevated at least two (2) feet above the base flood level if the lowest horizontal structural member is perpendicular to the direction of wave approach; and

ii.

The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent (1%) chance of being equaled or exceeded in any given year (once percent (1%) annual chance).

2.

A certified professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this section, and comply with the applicable requirements of the Virginia Uniform Statewide Building Code.

3.

The Floodplain Administrator shall obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) of all new and substantially improved structures in Zones V and VE. The Floodplain Management Administrator shall maintain a record of all such information.

F.

The X Zone. If shaded on the FIRM, these are areas of the County where the annual flood risk is considered moderate at between 1 percent and 0.2 percent. If unshaded, these are areas where the annual flood risk is considered low at below 0.2 percent. There are no specific development requirements in the X Zone pursuant to this Division.

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

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 permit. Such development shall be undertaken only in strict compliance with the provisions of this division and with all other applicable ordinances and regulations. Prior to the issuance of any such permit, the Floodplain Administrator shall require all applications to include compliance with all applicable State and Federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

B.

Site Plans and Permit Applications. All applications for development within any floodplain district and all permits issued for the floodplain shall incorporate the following information, to be provided by a licensed professional:

1.

The elevation of the base flood at the site.

2.

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

3.

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

4.

Topographic information showing existing and proposed ground elevations.

5.

Certification of base flood impacts, as set forth above in Sec. 23-7.2.11.

6.

Certification of compliance with the building standards set forth below.

7.

Certification of compliance with the elevation and construction standards set forth below.

C.

Building Standards. The following shall apply to all permits issued pursuant to this Division:

1.

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

2.

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. The method of anchoring must comply with applicable provisions of the Virginia Uniform Statewide Building Code. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces.

3.

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

4.

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

5.

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, and must comply with applicable provisions of the Virginia Uniform Statewide Building Code.

6.

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

7.

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.

8.

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Septic drainfields shall be prohibited within the floodplain.

9.

In all special hazard flood areas, prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within the County a permit shall be obtained from the U.S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected area jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and FEMA. A completed CLOMR shall be required from FEMA prior to commencement of work, and a completed LOMR shall be required pursuant to Sec. 23-7.2.9 upon completion of work.

10.

In all special hazard flood areas, the flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

D.

Elevation and Construction Standards. The following shall apply to all structures permitted to be located within any floodplain:

1.

Residential. New construction or substantial improvement of any principal residential structure (including manufactured homes) 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 eighteen (18) inches.

2.

Nonresidential. New construction or substantial improvement of any commercial, industrial, or nonresidential structure shall have the lowest floor, including basement, elevated to or above the base flood level plus eighteen (18) inches.

3.

Nonresidential - alternative. Nonresidential structures located in all A1-30, 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 plus two (2) feet are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A certified 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.

4.

Accessory structures. Accessory structures of any size shall be prohibited within the floodplain, except as set forth below, and shall not be subject to variance provisions set forth in this division.

i.

Water-dependent accessory structures. Docks, boat houses (provided they are not designed or used for human habitation), and other similar water-dependent accessory structures which are constructed on pilings and intended to float on top or above the water surface may be permitted within the floodplain pursuant to the provisions of this division. Permit plans must demonstrate the top of all installed pilings will be at least eighteen (18) inches above the base flood elevation.

5.

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 (e.g. garage door) or limited storage of maintenance equipment (e.g. standard exterior door), or entry to the living area (e.g. 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, in addition to complying with applicable provisions of the Virginia Uniform Statewide Building Code, 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 openings on different sides of each enclosed area subject to flooding.

2.

The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding.

3.

If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

4.

The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade.

5.

Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

6.

Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

E.

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 Sections 23-7.2.11(E), 23-7.2.12(C), and 23-7.2.12(D).

2.

All recreational vehicles placed on sites must either:

i.

Be on 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 on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or

ii.

Meet all the requirements for manufactured homes in County Code Section 23-7.2.12(E)(1).

3.

All manufactured homes and recreational vehicles must meet applicable requirements of the Virginia Uniform Statewide Building Code.

F.

Standards for subdivision proposals.

1.

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

2.

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

3.

All subdivision proposals shall have adequate drainage to reduce exposure to flood hazards.

4.

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is less.

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

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 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 complies with these regulations and the Virginia Uniform Statewide Building Code; AND

5.

The change, when added to all the changes made during a rolling 5-year period does not constitute 50% or more 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 registered historic structure and the change required would impair the historic nature of the structure.

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

A.

The Board of Zoning Appeals shall have the authority to grant variances to the provisions of the Floodplain Overlay District only in strict compliance with this section. Variances shall be issued only upon

1.

A showing that the standards set forth in Sec. 23-4.8.3 and Sec. 23-4.8.4 of the Code of Ordinances of Spotsylvania County have been met;

2.

The Board of Zoning Appeals' determination that the granting of such variance will not result in

i.

Unacceptable or prohibited increases in flood heights,

ii.

Additional threats to public safety,

iii.

Extraordinary public expense; and

3.

The Board of Zoning Appeals' determination that the granting of such variance will not

i.

Create nuisances,

ii.

Cause fraud or victimization of the public, or

iii.

Conflict with local laws or ordinances.

B.

Variances generally are limited to a lot size less than one-half acre. Variances may be granted by the Board of Zoning Appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, 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.

The Board of Zoning Appeals also shall give due consideration and weight to the following factors before granting a variance:

1.

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase in the one percent (1%) chance flood elevation.

2.

The danger of materials being 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 the 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 for the proposed use which are not subject to flooding.

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 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 division.

E.

Additional review. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to a professional 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.

F.

Factors for approval. A variance may be approved only if the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief.

G.

Notice and records. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of the variance to construct a structure below the one percent (1%) annual chance flood elevation (a) increases the risks to life and property, and (b) will result in increased premium rates for flood insurance.

H.

A record shall be maintained of the notification required in Section 23-7.2.14(G), as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in any report submitted to the Federal Insurance Administrator.

(Ord. No. 23-96, 10-23-01; Ord. No. 23-184, § 1, 4-25-23)

Cross reference— Erosion and sediment control generally, Ch. 8.

The purpose of this section is the protection of life and property from impounding structure failure consistent with requirements established by: the Code of Virginia, § 10.1-606.2, Mapping of dam break inundation zones; the Code of Virginia, § 10.1-606.3, Requirements for developments in dam break inundation zones; and the Code of Virginia, § 15.2-2284, Matters to be considered in drawing and applying zoning ordinances and districts.

(Ord. No. 23-166, § 3, 12-13-16)

Development proposals within the boundaries of mapped dam break inundation zones which have impounding structures subject to performance standards as established in 4VAC50-20, shall be subject to the Dam Safety Act, Article 2, Chapter 6, Title [10.1], §§ 10.1-604, 10.1-605, 10.1-606 et seq., of the Code of Virginia.

(Ord. No. 23-166, § 3, 12-13-16)

(a)

The owner of each impounding structure in the county shall prepare a map of the dam break inundation zone for the impounding structure in accordance with the state impounding structure regulations, and submit the map to the director of planning and the state department of conservation and recreation.

(b)

For any development containing three (3) or more residential units or any business or industrial use other than agricultural production proposed within the boundaries of a mapped dam break inundation zone, the director of planning shall (i) review the dam break inundation zone map, (ii) notify the dam owner, and (iii) within ten (10) days forward a request to the state department of conservation and recreation to make a determination of the potential impacts of the proposed development on spillway design flood standards required for the dam. Upon receipt of the determination of the state department of conservation and recreation, the county shall complete the review in accordance with Code of Virginia, § 15.2-2259 or 15.2-2260. If the county has not received a determination within forty-five (45) days of the department's receipt of the county's request, the county shall complete the county's review of the development.

(c)

If the state department of conservation and recreation determines that the proposed development is wholly or partially within a dam break inundation zone and would change any spillway design flood standards for an impounding structure, the developer must submit an engineering study meeting state standards to the state department of conservation and recreation prior to final approval of the proposed development. Following the completion of the engineering study, and prior to any development within the dam break inundation zone, the developer shall change the proposed development so that it does not alter any spillway design flood standards for the impounding structure or shall pay fifty (50) percent of the contract-ready costs for necessary upgrades to any impounding structure attributable to the development, together with administrative fees required by state law. The payment shall be made to the Virginia Dam Safety, Flood Prevention and Protection Assistance Fund as provided by state law.

(d)

Dam break inundation zone maps are only required for dams that meet the requirements for an impounding structure. The requirements shall not apply to any development proposed downstream of a dam for which a dam break inundation zone map is not on file with the county at the time of the official submission of the development plan to the county. However, the director of planning may map the dam break inundation zone and recover the costs of such mapping from the owner of an impounding structure for which a dam break inundation zone map is not on file with the county and a map has not been prepared by the impounding structure's owner.

(e)

Following completion of the proposed development in a dam break inundation zone, the developer shall provide the dam owner and the director of planning with information necessary for the dam owner to update the dam break inundation zone map to reflect the new development.

(Ord. No. 23-166, § 3, 12-13-16)

(a)

Pursuant to sections 15.2-2283 and 15.2-2306 of the Code of Virginia, the Board of Supervisors shall have the authority to designate landmarks and landmark sites and to create Historic Overlay Districts for the purpose of promoting the general welfare, education and recreational pleasure of the public, through the perpetuation of those general areas or individual structures and premises which have been officially designated by the Board of Supervisors as having historic, architectural or cultural significance. It is hereby recognized that the destruction or alteration of such buildings, structures, places, and areas may cause the permanent loss of resources which are of great value to the people of the County, and that special controls and incentives are warranted to ensure that such losses are avoided when possible.

(b)

The purposes for establishing an Historic Overlay District as a zoning classification are to:

(1)

Preserve and improve the quality of life for residents of the County by protecting familiar and valuable visual elements in the area;

(2)

Promote tourism by protecting historical and cultural resources attractive to visitors;

(3)

Stabilize and improve property values by providing incentives or otherwise encourage the upkeep and rehabilitation of older structures;

(4)

Educate residents on the local, cultural and historic heritage, and to foster a sense of pride in this heritage;

(5)

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

(6)

Prevent the encroachment of buildings and structures which are architecturally incongruous with their environs, within areas of special historic character;

(7)

Ensure that new structures and uses within such district will be in keeping with the character of the district.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-168, § 1, 3-30-17)

The Board of Supervisors may designate and create one or more Historic Overlay Districts provided such districts meet the standards of section 15.2-2306 of the Code of Virginia and that any such district meets one or more of the following criteria:

(1)

It is closely associated with one or more persons, events, activities, or institutions that have made a significant contribution to local, regional or national history; or

(2)

It contains buildings or structures whose exterior design or features embody or exemplify the distinctive characteristics of one or more historic types, periods or methods of construction, or which represent the work of an acknowledged master; or

(3)

It possesses an identifiable character which reflects the unique, cultural or architectural heritage of the County; or

(4)

It contains qualities or artifacts which significantly contribute to present day knowledge and the understanding of lifestyles, activities, events or experiences of a previous era; or

(5)

Its unique location or physical characteristics represent an established and familiar pattern or unique visual feature of the County.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-168, § 1, 3-30-17)

(a)

Application for Historic Overlay District designation shall be made by the owner, Planning Commission, or Board of Supervisors on a form provided by the Planning Director.

(b)

The following information shall be required for consideration for Historic Overlay District designation and shall be submitted with the application:

(1)

An inventory which lists each building, landmark or structure within the district which itself has historic merit or which contributes to the overall historic character of the district;

(2)

A graphic presentation of the location of landmarks, sites, buildings or other structures of particular historic value as well as the boundaries of the total proposed area to be included within the designation;

(3)

A written statement documenting the particular historical attributes of the territory proposed to be designated.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-168, § 1, 3-30-17)

(a)

Before the establishment of an Historic Overlay District, the Historic Preservation Commission shall conduct studies and research and make a report on the historic significance of the exteriors of buildings, structures, features, sites, objects and surroundings of the area. The Historic Preservation Commission's report shall contain recommendations concerning the areas to be included in the proposed Historic Overlay District.

(b)

A public hearing may be held by the Historic Preservation Commission to receive comments from the public on any proposed Historic Overlay District prior to forming its recommendation.

(c)

After the public hearing, the Historic Preservation Commission shall submit a final report with its recommendations and a draft of a proposed ordinance for the Planning Commission's and Board of Supervisors' consideration.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-168, § 1, 3-30-17)

The Planning Commission and Board of Supervisors shall act on the report and recommendations from the Historic Preservation Commission in accordance with standards set forth in Section 15.2-2306 in the Code of Virginia and the normal zoning approval procedures as specified in the Code of Virginia and in this chapter, with duly advertised public hearings before each body.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-168, § 1, 3-30-17)

(a)

The location and boundaries of Historic Overlay Districts shall be delineated by the Board of Supervisors pursuant to Article 4, Division 6 of this chapter, upon consultation with the Historic Preservation Commission and the Planning Commission, and shall be incorporated into the official zoning map as special overlay districts designated as Historic Overlay Districts (H).

(b)

The boundaries of Historic Overlay Districts shall be drawn to include all lands which are adjacent to the landmark, building, or structure for which the historic district was established and which are closely related to and bearing upon the character of the historic site. Regulations imposed in such districts are intended to protect against destruction of or encroachment upon such historic resources, to encourage uses which will continue to preserve them and to prevent the creation of adverse environmental influences.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-168, § 1, 3-30-17)

Following the creation of each Historic Overlay District, a copy of the resolution creating such district, a boundary description of such district, and a plat or visual representation of such district, shall be filed by the Planning Director with the clerk of the Circuit Court for the County.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-168, § 1, 3-30-17)

The Historic Overlay Districts shall be those listed below which are to be shown by overlay on the present zoning map of the County and shall include the property, buildings, structures, and land so encompassed. For the following districts, the boundaries established shall include those established for the County on the National Register of Historic Places, except as modified below:

(1)

Fredericksburg and Spotsylvania National Military Park: all property.

(2)

The Rapidan Dam Canal of the Rappahannock Navigation: begins at the mouth of the Rapidan and runs down the Rappahannock River on its right bank for one and one-half (1½) miles; including land five hundred (500) feet on either side of the canal.

(3)

Tubal Furnace Archeological Site: thirty (30) feet west of Pipe Dam Run, near Route 620.

(4)

Spotsylvania Courthouse Historic district: As designated with the following modifications: From American Legion Drive, the district is to extend east down Route 208 to the end of the pond adjacent to the old Confederate Cemetery on the south side; on the south side of Route 208, the district depth is to the rear line of the cemetery; the boundary is to continue across on the north side of Route 208 to a depth of four hundred (400) feet, which would encompass the Alrich home site and then to pick up the boundary as designated on the National Historic Register.

(5)

St. Julien: One (1) mile southwest of the intersection of Routes 2 and 17; 0.1 mile west of Massaponax Creek; one-half (0.5) mile west of Route 2.

(6)

Prospect Hill: Near Mineral; on Route 612 about eight hundred (800) west of the intersection with Route 719 (crossroad of Halladay).

(7)

Massaponax Church Site and Church Property: The property is located on the northwest corner at the intersection of Routes 608 and 1.

(8)

LaVista: The property is located on the southwest side of Route 607 (Guinea Station Road) approximately one-half (½) mile southeast of Route 633 (Church Pond Road).

(Ord. No. 23-66, 10-24-95; Ord. No. 23-92, 2-27-01; Ord. No. 23-168, § 1, 3-30-17)

(a)

Within an adopted Historic Overlay District, all uses shall be permitted pursuant to the district regulations of the zoning district in which such Historic Overlay District is located, except as may be expressly modified by the regulations adopted for a particular Historic Overlay District. The Historic Preservation Commission shall review and recommend on any application for a special use located in any Historic Overlay District prior to Planning Commission action.

(b)

A maximum of two (2) banner signs, provided such signs shall not exceed twenty-four (24) square feet in combined sign area, subject to the following:

(i)

Banner signs may be displayed anywhere on the commercial or industrial lot for ninety (90) days from the date of issuance of a new or relocated business' occupancy permit, use permit or final inspection, whichever is latest.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-126, 9-23-08; Ord. No. 23-154, 2-26-13; Ord. No. 23-168, § 1, 3-30-17)

Following the creation of each Historic Overlay District, the Planning Director shall maintain in the Planning office an inventory of buildings, landmarks and structures that exist within the historic overlay as approved by the Board of Supervisors.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-168, § 1, 3-30-17)

The standards required by the underlying zoning district regulations for development in a Historic Overlay District may be modified or reduced upon such modification or reduction being approved as a special use. Any such special use application shall be referred to the Historic Preservation Commission for review and comment. Such review and comment shall be provided to the Board of Supervisors no later than the Board of Supervisor's public hearing date for the application. Failure by the Historic Preservation Commission to provide timely review and comment shall not require the Board of Supervisors to delay its public hearing or action on the application.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-168, § 1, 3-30-17)

(1)

Any sign, electronic or digital display.

(Ord. No. 23-135, 12-8-09)

(a)

River protection overlay districts are created for the purpose of promoting the public health, safety, and welfare through the protection of valuable river resources that provide or may provide drinking water and recreational opportunities. Regulations within such districts are established to prevent water quality degradation due to pollutant runoff from septic fields, construction-sites, or material storage areas.

(b)

This district shall be in addition to and shall overlay all other zoning districts where it is applied, so that any parcel of land lying in such an overlay district shall also lie in one or more of the other zoning districts provided for by this chapter. The effect is to create a new district which has the characteristics and limitations of the overlying district.

(Ord. No. 23-66, 10-24-95)

River protection overlay district boundaries shall be established on the official zoning maps as designated by the board of supervisors.

(Ord. No. 23-66, 10-24-95)

Regulations for the river protection overlay district shall be as specified in the underlying zoning district with the exception of lot size requirements as specified in this division.

(Ord. No. 23-66, 10-24-95)

The minimum lot size for single-family dwellings in river protection overlay districts shall be:

(a)

Five (5) acres for lots to be served by private septic systems.

(b)

Two (2) acres in subdivisions served by private septic systems, provided that the lots are clustered to achieve a minimum of fifty (50) percent open space or rural preservation area (in PRR zoning), a one hundred fifty (150) foot buffer is maintained as open space and/or within a conservation easement along waters with perennial flow, and the total number of lots may not exceed a density of one dwelling unit per five (5) gross acres.

(c)

Regulated by the underlying zoning district for lots to be served by public sewer.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-107, 9-14-04)

Permitted uses in river protection overlay districts are uses permitted by right in the underlying zoning districts.

(Ord. No. 23-66, 10-24-95)

Special uses in river protection overlay districts are all uses permitted as special uses in the underlying zoning districts.

(Ord. No. 23-66, 10-24-95)

In addition to any use limitations in the underlying zoning districts, the following use limitations shall apply to river protection overlay districts:

(1)

The placement of septic fields within the one-hundred-year floodplain is prohibited.

(2)

Before the issuance of a land-disturbing activity permit for any activity that will disturb more than ten thousand (10,000) square feet of land, a site plan for the control of erosion and sediment runoff shall be submitted to and approved by the department of utility construction and erosion control. As provided by state law, single-family dwellings outside of subdivisions are exempt from this requirement.

(3)

The aboveground storage of hazardous liquid materials, including fuel oil, pesticides, herbicides, etc., in bulk greater than one thousand (1,000) gallons without approved containage structures is prohibited.

(4)

Sewage pumping stations shall not be allowed.

(5)

Land application of biosolids shall not be allowed.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-95, 9-25-01)

(a)

Reservoir protection overlay districts are created for the purpose of protecting and promoting the public health, safety and welfare by preserving existing and potential public drinking water supply reservoir sites and protecting them from the danger of water pollution. Regulations within such districts are established to prevent water quality degradation due to pollutant runoff from septic fields, construction-sites, lawns or material storage areas and to reduce sediment loadings that shorten reservoir life.

(b)

This district shall be in addition to and shall overlay all other zoning districts where it is applied, so that any parcel of land lying in such an overlay district shall also lie in one (1) or more of the other zoning districts provided for by this chapter. The effect is to create a new district which has the characteristics and limitations of the underlying district, together with the characteristics and limitations of the overlying district.

(Ord. No. 23-66, 10-24-95)

This division shall apply to all land designated by the board of supervisors to be within reservoir protection overlay districts. The land so designated shall be marked on the official zoning maps.

(Ord. No. 23-66, 10-24-95)

As used in this division, the following words and terms shall have the meanings respectively ascribed:

Buffer strip or buffer area means those land areas within a designated distance of a reservoir site or perennial stream or river which shall be maintained with ground cover vegetation, preferably naturally occurring vegetation. Only in circumstances where other than naturally occurring vegetation clearly provides for better water quality protection, may it be utilized, after prior county approval as ground cover vegetation.

Contiguous to a reservoir site means touching the county property line at sites owned by the county. Contiguous also means touching the designated mean acquisition elevation line of potential reservoir sites.

Feed lot means a place in which animal livestock (excluding fowl) are fed, raised or held prior to slaughter or sale.

Mean high water line means the line designated by the county as the average elevation of the flood pool of existing or potential reservoirs. Such line shall be marked on the official zoning map.

Perennial stream or river means those streams or rivers designated as perennial streams or rivers on the most recently published United States Geological Survey Quadrangle Map.

Proximity area means that land area within two thousand (2,000) feet of the mean high water line of a reservoir.

(Ord. No. 23-66, 10-24-95)

Regulations, permitted uses, and conditional uses shall be as specified in the underlying zoning district, except as modified by this section.

(1)

Lot area requirements: The minimum lot size for any residential use where such lot is contiguous to a reservoir site shall be as follows:

a.

Five (5) acres for lots to be served by private septic systems.

b.

Two (2) acres for lots to be served by public sewer.

(2)

Lot dimension requirement: Lots shall have a minimum dimension of two hundred (200) feet along the mean high water line or county acquisition line, where applicable.

(3)

Buffer area requirements:

a.

Adjacent to a reservoir site. A buffer area shall be maintained adjacent to the mean high water line and shall be no less than one hundred fifty (150) feet in width.

b.

Adjacent to perennial streams and rivers. A buffer area shall be maintained adjacent to any perennial stream or river and shall be no less then seventy-five (75) feet in width.

(4)

Prohibited uses: The following uses shall be prohibited within the specified portions of reservoir protection overlay districts.

a.

Throughout the district:

1.

Storage or production of hazardous waste as defined in applicable state or federal regulations.

2.

Transmission pipelines for liquefied natural gas, liquid petroleum products, slurry coal, or any other solids or liquids, except water lines, sewer lines and storm sewers.

3.

Feed lots for more than fifty (50) animals.

4.

Land application of biosolids.

b.

Within proximity areas:

1.

On-site sewerage system drainfield or reserve drainfield spaces or septic tanks located within two hundred fifty (250) feet of the mean high water lines; provided, however such drainfields and septic tanks for lots approved prior to August 14, 1990 shall be permitted in the proximate area to the minimum extent necessary, as determined by the zoning administrator, to accommodate a reasonable use of the property. Drainfields shall also be permitted within two hundred fifty (250) feet of the mean high water line of Hunting Run Reservoir where the County of Spotsylvania is the immediate predecessor in interest of the property where the drainfield is located and the County of Spotsylvania acquired ownership of the property prior to January 1, 2007.

2.

Feed lots.

3.

Bulk storage of petroleum or asphalt products.

4.

Sanitary landfills.

5.

Storage or production of hazardous materials as defined by applicable state or federal regulations, except (1) storage of those materials typically associated with residential use (e.g., fuel oil, gasoline, yard and garden fertilizer), and (2) storage of those materials typically associated with agricultural or forestry operations, provided that the storage of materials in bulk greater than five hundred (500) gallons shall be surrounded by a spill containment structure adequate to retain the entire contents being stored.

6.

Sewage pumping stations.

c.

Within buffer areas:

1.

Construction of buildings other than gazebos, picnic shelters or similar structures without restroom facilities.

2.

Trash containers and/or dumpsters except for small (less than fifty (50) gallons) containers associated with buildings allowed in the paragraph above.

3.

Sewer transmission lines and sewage pumping stations.

4.

On-site sewerage system drainfield or reserve drainfield spaces or septic tanks; provided, however, such drainfields and septic tanks for lots approved prior to August 14, 1990, shall be permitted within the buffer area to the minimum extent necessary, as determined by the zoning administrator, to accommodate a reasonable use of the property.

5.

Any use which removes vegetative ground cover except for substitution of alternate ground cover which provides equal or better water quality protection after obtaining prior written county approval.

d.

Below mean high water line:

1.

Subdivision of land for residential purposes.

2.

Any development requiring a land disturbing permit.

3.

Any construction of buildings.

(5)

Perennial streams and rivers: Crossings of perennial streams and rivers by roads or utilities shall be limited to the least impacted position of the stream or river above the mean high water line. Plans for such crossings shall be submitted to the department of code compliance and no permits shall be issued for such crossings prior to the review and approval of the plans.

(6)

Land disturbing activity: Before the issuance of a land disturbing activity permit for any activity that will disturb more than two thousand five hundred (2,500) square feet of land, excluding agricultural operations, a site plan for the control of erosion and sediment runoff shall be submitted to and approved by the Department of Code Compliance.

(7)

Subdivision plats: All subdivision plats shall contain the location of buffer area boundaries, proximity area boundaries, the mean high water line and the county acquisition lines.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-95, 9-25-01; Ord. No. 23-117, 3-27-07)

(a)

No septic tanks or septic tank drainfield shall be allowed within one hundred (100) feet of the floodwater easement of the reservoir or on less than one and one-fourth (1¼) acres of land, if within two hundred (200) feet of the flood easement.

(b)

No sewage lift station shall be allowed within eight hundred (800) feet of any floodwater easement without having a tank or seepproof lagoon with a storage capacity sufficient to hold all sewage coming into such lift station for a twelve-hour period. No sewage lift stations, holding tanks or lagoons are allowed in the flood easement area.

(c)

Pit privies are prohibited within one thousand five hundred (1,500) feet of the reservoir.

(Code 1980, § 17-61(e), (f), (g); Ord. No. 22-26, 9-25-07)

Editor's note— Former § 22-232.

There shall be no storage of liquid fuels in underground containers exceeding five hundred fifty (550) gallons in capacity within one hundred (100) feet of any flood easement area.

(Code 1980, § 17-61(i); Ord. No. 22-26, 9-25-07)

Editor's note— Former § 22-238.

This district is created in furtherance of the purposes set forth in Sections 15.2-2200, 15.2-2283 and 15.2-2284 of the Code of Virginia, to protect the health, safety, and general welfare of the public.

(1)

Encouraging and articulating positive visual experience along the county's major existing and proposed highway corridors;

(2)

Providing for the continued safe and efficient use of these highway corridors;

(3)

Minimizing intersections and individual site access points along these corridors;

(4)

Discouraging indiscriminate clearing, excessive grading, and clear cutting along these corridors;

(5)

Minimizing cut and fill operations by placing emphasis on the retention of natural topography of these corridors; and

(6)

Protecting existing natural vegetation and wildlife habitats along these corridors;

(7)

Maintaining natural beauty and scenic, cultural, and historic character of these corridors, particularly distinctive views, vistas, and visual continuity;

(8)

Promoting a bicycle and pedestrian friendly environment complete with vegetation, sidewalks and trails, seating areas, public art and water features, bike racks, and safe pedestrian crossings.

(Ord. No. 23-128, 11-12-08)

The highway corridor overlay district (HCOD) shall be designated by the board of supervisors by ordinance and will overlay all other zoning districts where it is applied so that any parcel of land lying in an HCOD shall also lie within one (1) or more other land use districts provided for by this chapter. The regulations and other requirements of both the underlying districts and the HCOD shall apply, provided that when the regulations applicable to the HCOD conflict with the regulations of the underlying district, the more restrictive regulations shall apply.

(Ord. No. 23-128, 11-12-08)

HCOD boundaries shall be as designated on the official zoning map, as ordained by ordinance establishing the boundaries of the overlay district, pursuant to article 4, division 6 of this chapter. The district boundaries shall be described as follows:

(1)

Length of the district shall be established by fixing points of beginning and end along the centerline of a street or highway.

(2)

Width shall be established by designation of the distance on one (1) or both sides of a street or highway right-of-way to which the overlay district shall extend, as described in section 23-7.6.4.

(Ord. No. 23-128, 11-12-08)

The following classes of HCOD, as established by the board of county supervisors, shall determine the regulations and requirements applicable to each designated section of an HCOD:

(1)

Primary development HCOD. The primary development HCOD designation was established in areas where existing and future development demands are expected to be high as the county grows. Due to existing and future growth potential within these areas, primary HCOD specific design guidelines have been established to enhance the design of development on a consistent basis, be less rural in nature and promote a more urbanized, development intensive character. Generally the primary HCOD has been established within the boundary of the primary development boundary of the county.

(2)

Rural development HCOD. The rural development HCOD designation was established in areas where existing and future development demands are expected to be low as the county grows. These are areas that are more rural in character and as such design guidelines have been developed to complement and preserve that character in the rural HCOD. Generally the rural HCOD has been established within the agricultural/rural districts of the county.

(Ord. No. 23-128, 11-12-08)

The arterial roads to which the HCODs and the primary development and rural development classifications are assigned shall be those listed below, which are to be shown by overlay on the zoning map:

(1)

Plank Road, Route 3. All land within four hundred (400) feet of either side of the future right-of-way of Plank Road, Route 3, from the City of Fredericksburg line, to the Orange County line shall be within the HCOD. That area classified as primary development shall consist of all land within four hundred (400) feet of either side of the right-of-way of Plank Road, Route 3, (i) from the City of Fredericksburg line, to five hundred (500) feet west of its intersection with the western right-of-way line of Andora Drive, Route 626, (ii) from five hundred (500) feet east of its intersection with the eastern right-of-way line of Brock Road, Route 613, to five hundred (500) feet west of its intersection with the western right-of-way line of Brock Road, Route 613, and (iii) from five hundred (500) feet east of its intersection with the eastern right-of-way line of Orange Plank Road, Route 621, to five hundred (500) feet west of its intersection with the western right-of-way line of Orange Plank road, Route 621. That area classified as rural development shall consist of all land within four hundred (400) feet of either side of the right-of-way of Plank Road, Route 3, from five hundred (500) feet west of its intersection with the western right-of-way line of Andora Drive, Route 626 to the Orange County line, less and except those two (2) areas classified as primary development in the immediately preceding sentence.

(2)

Courthouse Road, Route 208. All land within four hundred (400) feet of either side of the future right-of-way of Courthouse Road, Route 208, beginning at its intersection with the western right of way line of Jefferson Davis Hwy, Route 1, to its intersection with the eastern right-of-way line of Wild Turkey Drive, Route 1401, shall be within the HCOD. That area classified as primary development shall consist of all land within four hundred (400) feet of either side of the right-of-way of Courthouse Road, Route 208, beginning at its intersection with the western right of way line of Jefferson Davis Hwy, Route 1 extending southward to five hundred (500) feet west of its intersection with the western right-of-way line of Smith Station Road, Route 628. That area classified as rural development HCOD shall consist of all land within four hundred (400) feet of either side of the right-of-way of Courthouse Road, Route 208, from five hundred (500) feet west of its intersection with the western right-of-way line of Smith Station Road, Route 628, extending southward to five hundred (500) feet south of its intersection with the eastern right-of-way line of Wild Turkey Drive, Route 1401.

(3)

U.S. Route 1. All land within four hundred (400) feet of either side of the future right-of-way line of U.S. Route 1, beginning at the Fredericksburg City Line (FCL) extending southward to where it crosses the Ni River shall be within the Primary Development HCOD.

(4)

U.S. Route 1 Business. All land within four hundred (400) feet of either side of the future right-of-way line of U.S. Business 1, beginning at the eastern right-of-way line of its intersection with the north-south future right-of-way line at U.S. 1 to the Fredericksburg City Line (FCL) shall be in the HCOD and classified as primary development HCOD.

(5)

Route 620, Harrison Road. All land within four hundred (400) feet of either side of the future right-of-way line beginning at its intersection with Route 3, Plank Road and extending to its intersection with Route 1 Business, Lafayette Blvd. shall be within the primary HCOD.

(6)

Route 639, Leavells Road. All land within four hundred (400) feet of either side of the future right-of-way line beginning with its intersection at Harrison Road and extending to its intersection with Route 208, Courthouse Road shall be within the primary HCOD.

(7)

Route 639, Salem Church Road. All land within four hundred (400) feet of either side of the future right-of-way line beginning at its intersection with Route 3, Plank Road, and extending southward to its intersection with Harrison Road shall be within the primary HCOD.

(8)

Hood Drive. All land within four hundred (400) feet of either side of the future right of way line extending from its intersection with US Route 1, Jefferson Davis Highway and ending at its intersection with Route 208, Courthouse Road, shall be within the primary HCOD.

(Ord. No. 23-128, 11-12-08; Ord. No. 23-145, 12-13-11)

Permitted uses in HCODs are uses permitted by right in the underlying zoning districts unless otherwise specifically restricted by a rezoning proffer or SUP condition or made a special use under section 23-7.6.7.

(Ord. No. 23-128, 11-12-08)

Editor's note— Ord. No. 23-152, adopted January 8, 2013, repealed the former section 23-7.6.7 in its entirety, which pertained to special uses, and derived from Ord. No. 23-128, adopted November 12, 2008.

All uses in an HCOD shall be subject to the use limitations and development standards set forth in the underlying zoning district and, in addition, office and commercial uses shall be subject to the enhanced site development and building design standards as established in article 8, highway corridor overlay district (HCOD) site and building design standards, of the design standards manual (the "highway corridor design guidelines").

(Ord. No. 23-128, 11-12-08)

Notwithstanding the requirements of article 5, division 8 of this chapter, all development proposed in the HCOD shall be subject to the following additional requirements pertaining to signage:

(1)

A comprehensive uniform sign plan shall be submitted to the county for approval in conjunction with the site plan submittal. All signs for a proposed development shall be of uniform size, color and design. The plan shall show the size, location, and uniform design for all signage proposed for the development.

(2)

No sign, roof shall be permitted above the highest roof line.

(3)

Sign, building-mounted—One-story building. Sign, building-mounted for tenants with outside entrance shall not exceed one and one-half (1½) square feet of sign area per horizontal linear foot of each exterior wall or portion of an exterior wall specifically occupied by each business or tenant for each of the first one hundred (100) linear feet of exterior wall plus one (1) square foot of sign area for each horizontal linear foot over one hundred (100) linear feet of exterior wall.

For buildings located within the first two hundred (200) feet of either side of the future right-of-way line in a designated Highway Corridor Overlay District, the total sign, building-mounted area for any exterior wall shall not exceed sixty-four (64) square feet per tenant in the rural development HCOD and eighty (80) square feet per tenant in the primary development HCOD. For buildings located within the second two hundred (200) feet either side of the future right-of-way line in a designated Highway Corridor Overlay District, the total sign, building-mounted area for any exterior wall shall not exceed eighty (80) square feet per tenant in the rural development HCOD and one hundred sixty (160) square feet per tenant in the primary development HCOD.

a.

No transfer of allowable sign area shall be made from one exterior wall to another exterior wall.

(4)

Sign, building-mounted—Multi-story building. Sign, building-mounted for ground floor tenants with outside entrance shall not exceed one and one-half (1½) square feet of sign area per horizontal linear foot of each exterior wall or portion of an exterior wall specifically occupied by each business or tenant for each of the first one hundred (100) linear feet of exterior wall plus one (1) square foot of sign area for each horizontal linear foot over one hundred (100) linear feet of exterior wall. All such signs with the exception of allowed sign, pinnacle shall be kept within a height of twenty (20) feet above the sidewalk or ground level.

For buildings located within the first two hundred (200) feet of either side of the future right-of-way line in a designated Highway Corridor Overlay District, the total sign, building-mounted area for any exterior wall shall not exceed sixty-four (64) square feet per tenant in the rural development HCOD and eighty (80) square feet per tenant in the primary development HCOD. For buildings located within the second two hundred (200) feet of either side of the future right-of-way line in a designated Highway Corridor Overlay District, the total sign, building-mounted area for any exterior wall shall not exceed eighty (80) square feet per tenant in the rural development HCOD and one hundred sixty (160) square feet per tenant in the primary development HCOD.

Sign, pinnacle shall be permitted on exterior walls. Sign, pinnacle shall not exceed one and one-half (1½) square feet per horizontal linear foot of each exterior wall or portion of an exterior wall specifically occupied by each business or tenant plus one (1) square foot of sign area for each horizontal linear foot over one hundred (100) linear feet of exterior wall. A sign, pinnacle meant to identify a building name not affiliated with a particular tenant shall not exceed one and one-half (1½) square feet per horizontal linear foot of each exterior wall plus one (1) square foot of sign area for each horizontal linear foot over one hundred (100) linear feet of exterior wall. However, in all cases no sign, pinnacle shall exceed one hundred eighty (180) square feet.

a.

No transfer of allowable sign area shall be made from one exterior wall to another exterior wall.

(5)

Individual commercial uses not located in a shopping center, office building or complex shall be subject to the following additional requirements regarding sign, free-standing or sign, monument:

a.

The area for any sign, free-standing or sign, monument shall not exceed sixty-four (64) square feet in the rural development HCOD and one hundred (100) square feet in the primary development HCOD;

b.

The maximum height for sign, free-standing or sign, monument shall not exceed eight (8) feet in the rural development HCOD and sixteen (16) feet in the primary development HCOD.

(6)

Shopping centers, and office buildings or complexes shall be subject to the following additional requirements regarding free-standing or sign, monument:

a.

The total area for sign, free-standing or sign, monument shall not exceed eighty (80) square feet in the rural development HCOD and one hundred twenty (120) square feet in the primary development HCOD;

b.

The maximum height for sign, free standing or sign, monument shall not exceed sixteen (16) feet or the height of the principal building, whichever is less.

(Ord. No. 23-128, 11-12-08; Ord. No. 23-135, 12-8-09; Ord. No. 23-138, 6-22-10; Ord. No. 23-144, 11-10-11; Ord. No. 23-146, 1-10-12; Ord. No. 23-154, 2-26-13)

The provisions of this division and the highway corridor design guidelines may be waived or modified by the board of supervisors as a special use or in connection with the approval of a special use or rezoning. Waivers or modifications of the highway corridor design guidelines also may be made pursuant to article 9 of the design standards manual.

(Ord. No. 23-128, 11-12-08)

(1)

Existing lawful uses.

(a)

When a lot is used lawfully on the effective date of this division and section 23-7.6.6 of this division classifies such use as a "permitted use" in the zoning district in which it is located, such use is hereby deemed a lawful permitted use for the purposes of this division.

(b)

When a lot is used lawfully on the effective date of this division, and section 23-7.6.7 of this division classifies such use as a "special use" in the zoning district in which it is located, such use is hereby deemed a lawful special use for the purposes of this division. All special use approvals granted by the board of supervisors prior to the effective date of this division shall remain in full force and effect, and the recipient of the special use approval may proceed to develop the property in accordance with the plans previously approved by the board. If the approval of such special use was subject to one or more conditions, then those conditions shall continue in full force and effect unless a new special use approval is obtained in accordance with article 4, division 5 of this chapter. However, if the recipient of the special use approval has failed to commence development before the special use approval expires, or if no expiration is specified within one (1) year of the adoption of this division, then the provisions of this division shall govern. Any new owner or occupant of a lawful special use may continue operation of that use without needing a new special use approval pursuant to this division, provided that operation of the lawful special use is continued in the same manner as it existed on the effective date of this division.

(c)

Any addition to or expansion of a lawful special use, as defined in subsection (1)(b) above, shall require new special use approval in accordance with the procedures and standards set forth in article 4, division 5 of this chapter for new special uses.

(2)

Uses rendered nonconforming. When a lot is used for a purpose which was a lawful use before the effective date of this division, and this division no longer classifies such use as either a permitted use or special use in the zoning district in which it is located, such use is hereby deemed a nonconforming use and shall be controlled by the provisions of article 8 of this chapter.

(3)

Buildings, structures, and lots rendered nonconforming. Where any building, structure, or lot which existed on the effective date of this division does not meet all standards set forth in this division, such building, structure, or lot is hereby deemed nonconforming and shall be controlled by the provisions of article 8 of this chapter; provided, however, that alteration or enlargement of nonconforming buildings or structures shall be governed by section 8-3.1.U of the design standards manual.

(4)

Previously issued building permits. When a building permit for a building or structure has been lawfully issued prior to the effective date of this division and construction has begun within six (6) months of the issuance of such permit and is being diligently pursued to completion, the building or structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under a certificate of occupancy for the use originally intended and be classified as nonconforming.

(5)

Previously granted zoning certificate. If a zoning certificate has been issued by the county prior to the effective date of this division but no building permit has been issued, then the provisions of this division shall govern.

(6)

Previously granted special use permits. All special use permits granted prior to the effective date of this division, and any conditions attached thereto shall remain in full force and effect, and the recipient of the special use permits may proceed to develop the property in accordance with the plans previously approved provided that such plans conform in all other respects to county rules and regulations. However, if the recipient of such special use permits has failed to act on the special use permits before it expires the provisions of this division shall govern.

(7)

Previously approved preliminary plats. Where a preliminary plat has been approved prior to the effective date of this division, the applicant shall be entitled to develop the property according to the approved preliminary plat provided that:

(a)

A record plat for a section of the subdivision shown on the preliminary plat must be recorded within twelve (12) months of the date of preliminary plat approval.

(b)

Record plats for all sections of the subdivision shown on the preliminary plat must be recorded within three (3) years of the date of recordation of the first section for subdivisions of less than three hundred (300) lots, or within five (5) years of the date of recordation of the first section for subdivisions of three hundred (300) or more lots.

(c)

The subdivision complies with all the requirements of this chapter except for the requirements of this division.

(d)

For the purposes of this subsection, a "section" shall contain at least thirty (30) lots or fifty (50) percent of the total lots in the subdivision, whichever is less.

(8)

Previously filed site plans. Where a bona fide site plan has been filed in accordance with division 11, article 4 of this chapter prior to the effective date of this division, the applicant shall be entitled to develop the property in accordance with the approved site plan provided that:

(a)

The site plan is approved within sixty (60) days of the effective date of this division;

(b)

A building permit for building, or buildings, containing at least fifty (50) percent of the total gross floor area shown on the site plan is issued within twelve (12) months of the date of site plan approval or within twelve (12) months of the effective date of this division whichever is later, and construction of such building, or building is completed within the period of validity of such building permit.

(c)

The site plan complies with all the requirements of this chapter except for the requirements of this division.

(9)

Revisions to grandfathered plats and plans. Revisions to grandfathered preliminary subdivision plats or site plans made during the period of validity of such plats or plans will be grandfathered provided the revisions do not increase any conformities. Such revisions, however, will not extend the due diligence requirements.

(Ord. No. 23-128, 11-12-08; Ord. No. 23-146, 1-10-12)

The planning director shall have the authority and responsibility to review applications and plans submitted to determine if the submittal is in compliance with the design standards contained in the highway corridor commercial and industrial design guidelines. To allow for a design review to occur:

(1)

Commercial, and office developments located within the designated HCOD areas will be required to submit complete building elevations, landscape, pedestrian circulation plans, and lighting plans for enhanced design standard compliance review.

(2)

Development proposals located within designated highway corridor overlay districts must comply with the ordinance language herein as well as the generalized development requirements located in sections 8-1, 8-2, and 8-3 of the Spotsylvania County design standards manual entitled highway corridor overlay district (HCOD) site and building design guidelines.

(Ord. No. 23-128, 11-12-08)

This division shall be effective as of January 20, 1998.

(Ord. No. 23-128, 11-12-08)

(a)

To provide for the safe use of Shannon Airport by creating additional regulation of the use of land surrounding the airport, in addition to existing zoning districts, which will protect over flying aircraft from conflicts with land uses, objects, and natural foliage on the ground.

(b)

To protect the safety of air navigation around the airport by limiting the height of structures and foliage under the four (4) approach paths to the airport and generally within nine thousand (9,000) feet of the runway surfaces. Anything above the established height limitations could obstruct aircraft using the airport, create a safety hazard to airport operations, and unnecessarily endanger people, property and land use activities in the vicinity of the airport. Standard zoning height limitations and land use regulations alone are insufficient to provide the required protection for air navigation, according to Federal specifications.

(Ord. No. 23-115, 9-13-05)

State Law reference— Code of Virginia, § 15.2-2294

For the purpose of this division the following words and terms shall be defined as:

Administrator means the county official charged with the enforcement of this division who shall be the zoning administrator.

Airport means Shannon Airport, a general aviation airport in Spotsylvania County, Virginia.

Airport elevation means the highest point on any usable landing surface expressed in feet above mean sea level. Eighty-five (85) feet at Shannon Airport.

Approach surface means "approach slope". A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. The perimeter of the approach surface coincides with the perimeter of the approach zone. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.

(1)

The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:

(i)

One thousand two hundred fifty (1,250) feet for that end of a utility runway with only visual approaches;

(ii)

Two thousand (2,000) feet for that end of a utility runway with non-precision instrument approach;

(2)

The approach surface extends for a horizontal distance of:

(i)

Five thousand (5,000) feet at a slope of 15:1 for all utility and visual runways;

(3)

The outer width of an approach surface to an end of a runway will be that width prescribed in this subsection for the most precise approach, existing or planned, for that runway end.

Approach zone means airspace zone located above the approach surface.

Civil airport means a general aviation airport.

Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 15:1 for a horizontal distance of four thousand (4,000) feet.

Conical zone means airspace zone located above the conical surface.

FAA Regulations means Federal Aviation Administration Regulations.

Hazard to air navigation means an obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace in the Commonwealth of Virginia.

Height means distance above mean sea level unless otherwise specified. Compare with airport elevation (above).

Heliport primary surface means a surface area coinciding in size and shape with the designated takeoff and landing area of a heliport. A horizontal plane at the same elevation as the established heliport elevation (FAA Reg. Part 77). At Shannon Airport, the primary surface of the heliport is generally contiguous with that of the airport (Shannon Airport Master Plan).

Heliport approach surface means the approach surface that begins at each end of the heliport primary surface, with the same width as the primary surface, and extends outward and upward for a horizontal distance of four thousand (4,000) feet, where its width is five hundred (500) feet. The slope of the approach surface is 8:1 for civil airports.

Heliport transitional surface means those surfaces extending outward and upward from the lateral boundaries of the heliport primary surface and from the approach surfaces at a slope of 2:1 for a distance of two hundred fifty feet (250) feet measured horizontally from the centerline of the primary and approach surfaces.

Horizontal surface means, for civil airports, a horizontal plane one hundred fifty (150) feet above the established airport, the perimeter of which is constructed by sweeping arcs of specified radii from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

(1)

Five thousand (5,000) feet for all runways designated as utility or visual;

The radius of the arc specified for each end of the runway will have the same arithmetic value.

Horizontal zone means "airport zone"; airspace zone located above the horizontal surface.

Non-conforming use means any pre-existing man made structure or object of natural growth which is inconsistent with the provisions of this division or any amendment to this division.

Non-precision instrument runway means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned, or indicated in any FAA planning document, or military service military airport planning document.

Obstruction means any structure, growth, or other object, including a mobile object, which exceeds a limiting height, or penetrates any surface or zone floor, set forth in section 23-7.7.3 of this division.

Primary surface means a surface longitudinally centered on a runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. For civil airports, when the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond the end of that runway; but when the runway has no specially prepared hard surface, the primary surface ends at the end of each runway. The width of the primary surface is:

(1)

Two hundred (200) feet for utility runways having only visual approaches.

(2)

Two hundred (200) feet for utility runway having non-precision instrument approaches.

The width of the primary surface of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of that runway.

Runway means a specified area on an airport prepared for the landing and takeoff of aircraft.

Shadowed means that at some point during the day, during any part of the year, the proposed new construction shall fall within the shadow of the existing structures or vegetation.

Slope, for purposes of this division, means the vector of approach for fixed-wing aircraft that land on an airport runway.

Transitional surface means those surfaces extending outward at right angles to the runway centerline[s], extended at a slope of 5:1 from the sides of the primary surface and from the sides of approach surfaces.

Transitional zone means the airspace zone located above the transitional surface.

Utility runway means a runway that is constructed for, and intended to be used by, propeller-driven aircraft of twelve thousand five hundred (12,500) pounds or less. All runways at Shannon Airport are, for purposes of this division, utility runways.

VDA means Virginia Department of Aviation.

Vegetation means any object of natural growth.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an FAA-approved airport layout plan, a military service approved military airport layout plan, or by any planning document submitted to the FAA by competent authority (FAA Reg. Part 77).

Zone, for purposes of this division, means airport safety zones.

(Ord. No. 23-115, 9-13-05)

(a)

In order to carry out the provisions of this division, there are hereby established certain zones which include all the area and airspace of the County of Spotsylvania lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Shannon Airport. These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as provided for in this division. An area located in more than one (1) of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows:

(1)

Airport zone: A safety zone centered on the primary surface and located one hundred fifty (150) feet above the airport elevation or a height of two hundred thirty-five (235) feet above mean sea level. This zone extends for a radius of five thousand (5,000) feet away from the perimeter of the primary surface.

(2)

Conical zone: A safety zone located above the 15:1 slope beginning along the periphery of the airport zone (two hundred thirty-five (235) feet height), and extending four thousand (4,000) feet outwards and two hundred (200) feet upwards to a height of four hundred thirty-five (435) feet above sea level.

(3)

Non-precision instrument approach zone [Runway 24]: A safety zone located above the 15:1 slope which is two hundred (200) feet wide, centered longitudinally on the primary surface, and extending five thousand (5,000) feet until it is two thousand (2,000) feet wide and three hundred thirty-three and one-third (333⅓) feet above the primary surface or four hundred eighteen and one-third (418⅓) feet above mean sea level. This zone is located roughly to the northeast of the airport.

(4)

Visual approach zone(s) [Runways 6, 15 and 33]: A safety zone located above the 15:1 slope which is two hundred (200) feet wide, centered longitudinally on the primary surface, and extending five thousand (5,000) feet until it is twelve hundred (1,200) feet wide and four hundred eighteen and one-third (418⅓) feet height above mean sea level. These zones are located roughly to the northwest, southeast and southwest of the airport.

(5)

Transitional zone: A safety zone located above the 5:1 slopes, beginning at the primary surface, and extending outward and upward from the lateral edges of the approach surfaces until they reach the horizontal surface (one hundred fifty (150) feet above the primary surface) or conical surface (one hundred fifty (150) feet to three hundred fifty (350) feet above the primary surface). It does not extend higher than the top of the conical surface (four hundred thirty-five (435) feet height above mean sea level).

(b)

Any portions of the aforementioned zones which extend into the City of Fredericksburg or Stafford County are outside the jurisdiction of Spotsylvania County and should be addressed by those jurisdictions.

(Ord. No. 23-115, 9-13-05)

State Law reference— Code of Virginia, § 15.2-2294.

The required geometry of the zones described in section 23-6A.3.1 is based upon technical information about Shannon Airport depicted on the Shannon Airport Master Plan. Surface requirements depicted on the Shannon Airport Master Plan are based on state standards; the more restrictive federal standards were not used in this division. The required geometry for heliports is outlined in FAA Reg. § 77.29. All four (4) airport approach zones are larger (more protective against proposed development) than the state and federal requirements for heliport approach zones. The airport approach zones, therefore, also serve as approach zones for the heliport located at the airport.

(Ord. No. 23-115, 9-13-05)

(a)

Except as otherwise provided in this division, in any zone created by this division no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, also known as the floor, of any airport safety zone established by this division at any point.

(b)

The height restrictions, or floors, for the individual zones shall be those planes delineated in successor regulation (Civil Airport) and § 77.29 (Heliports), Subchapter E (Airspace), of Title 14 of the Federal Code, or in successor regulations. The applicable design standards for these surfaces are excerpted in the definition section of this division. There are no military airports in Spotsylvania County.

(c)

The Federal Aviation Administration requires notice of certain proposed construction or alteration, as prescribed in § 77.13 of Title 14 of the Federal Code. No construction of towers, monopoles, or other similarly tall structures shall commence within twenty thousand (20,000) feet of the runway until FAA Form 7461-1 has been completed and reviewed by the FAA.

(Ord. No. 23-115, 9-13-05)

Notwithstanding any other provision of this division, and within the area below the horizontal limits of any zone established by this division, no use may be made of land or water in such a manner as to:

1.

Create electronic interference with navigational signals or radio communications 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 pilots using the airport;

4.

Impair visibility in the vicinity of the airport;

5.

Create the potential for bird strike hazards (e.g., birds striking aircraft or their engines); or

6.

Otherwise in any way interfere with the landing, takeoff, or maneuvering of aircraft in the vicinity of and intending to use the airport; including:

a.

Raise the grade of any road or railway that crosses under the approach surfaces of this airport, by resurfacing or other means, to where passing vehicles (esp. trucks or loaded rail cars) could be higher than approach surfaces or otherwise create a safety hazard for aircraft intending to use the airport.

Except as provided in this division, the regulations prescribed by this division shall not require the removal, lowering, or any other change or alteration of any structure or vegetation not conforming to the regulations as of the effective date of this division, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this division shall require a change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this division, and is diligently pursued.

(Ord. No. 23-115, 9-13-05)

Notwithstanding the provisions of the previous paragraph, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever safety markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the administrator to indicate to operators of aircraft the presence of that obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owner, and not the owner of the nonconforming structure in question.

(Ord. No. 23-115, 9-13-05)

Whenever the administrator determines that a nonconforming structure has been abandoned or more than seventy-five (75) percent destroyed, physically deteriorated, or decayed, no application approval shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this division, except with the relief provided for by variance, below.

(Ord. No. 23-115, 9-13-05)

Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in this division may apply for a variance from such regulations to the board of zoning appeals. Prior to being considered by the board of zoning appeals, the application for variance shall be accompanied by a determination from the Virginia Department of Aviation (VDA) and the Federal Aviation Administration (FAA) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

(Ord. No. 23-115, 9-13-05)

Any variance granted may, if such action is deemed advisable to effectuate the purpose of this division and is reasonable under the circumstances, be so conditioned as to require the owner of the property in question to install, operate, and maintain at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, Virginia Department of Aviation, or the administrator.

(Ord. No. 23-115, 9-13-05)

Applications for variances shall be made on forms available from the zoning administrator, with such forms allowing for enough specific detail so that proper analysis can be given the request (e.g., site plan with front and side elevations).

(Ord. No. 23-115, 9-13-05)

Where there exists a conflict between any of the regulations or limitations prescribed in this division and any other regulations, state or federal, applicable to the same subject, where the conflict is with respect to the height of structures or vegetation and the use of land, or any other matter, the requirement shall govern unless there is a clear intent under federal law to preempt such requirement, in which case, the more stringent federal standard shall govern.

(Ord. No. 23-115, 9-13-05)