Summersville City Zoning Code
ARTICLE 1379
Flood Plain District
1379.01 DEFINITIONS.
For the purpose of this article, certain terms and words are defined as follows:
(a) "Base flood" means the flood which has been selected to serve as the basis upon which flood plain management provisions of this article and other ordinances have been prepared; for the purposes of this article the 100-year flood.
(b) "Base flood elevation" means the 100-year flood elevation. Within the approximated flood plain, the base flood elevation shall be established as a point on the boundary of the approximated flood plain which is nearest to the construction site in question.
(c) "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
(d) "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations, or storage of equipment or materials, and the subdivision of land.
(e) "Flood" means a general and temporary inundation of normally dry land areas.
(f) "Flood plain" means:
(1) A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation;
(2) An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
(g) "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures, and contents of buildings.
(h) "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 nonelevation design requirements of this article.
(i) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use without a permanent foundation when connected to the required utilities. For flood plain management purposes, "manufactured home" also includes park trailers, travel trailer and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, "manufactured home" does not include park trailers, travel trailers and other similar vehicles. "Manufactured home park or subdivision" means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
(j) "New construction" means structures for which the "start of construction" as herein defined, commenced on or after the effective date of Zoning Ordinance 9-3-68. "New construction" does not apply to any work on a structure existing before the effective date of such ordinance. "One hundred year flood" means a flood that has one chance in one hundred or a one percent (1%) chance of being equaled or exceeded in any given year. "Person" means any individual or group of individuals, corporation, partnership, association or other entity, including State and local governments and agencies.
(k) "Principally above ground" means that at least fifty-one percent (51%) of the actual cash value of a structure, less land value, is above ground.
(l) "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement 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.
(m) "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground as well as a manufactured home.
(n) "Substantial improvement" means:
(1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
A. Before the improvement or repair is started, or
B. If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure.
(2) "Substantial improvement" does not, however, include either:
A. Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or
B. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
(o) "Historic structure" means:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
A. By an approved state program as determined by the Secretary of the Interior; or
B. Directly by the Secretary of the Interior in states without approved programs.
(p) "Recreational vehicle" means a vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.
(q) "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. (Passed 7-24-00.)
1379.02 GENERAL PROVISIONS.
(a) Intent. The intent of this article is to:
(1) Promote the general health, welfare and safety of the community.
(2) Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(3) Minimize danger to public health and safety by protecting water supply, sanitary sewage disposal and natural drainage.
(4) Reduce financial burdens imposed on the community, its governmental units and its residents, by preventing the unwise design and construction of development in areas subject to flooding.
(b) Abrogation and Greater Restriction. This article supersedes any ordinances currently in effect in flood prone areas. However, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive.
(c) Applicability. Provisions of all other codes, ordinances and regulations shall be applicable insofar as they are consistent with the provisions of this article and the Municipality's and/or County's need to minimize the hazards and damage resulting from flooding.
(Passed 7-24-00.)
1379.03 ESTABLISHMENT OF THE FLOOD PLAIN DISTRICT.
(a) Area. The Flood Plain District shall include all areas subject to inundation by the waters of the 100-year flood. The source of this delineation shall be the Flood Insurance Study for the City of Summersville, Nicholas County, West Virginia, as prepared by the Federal Emergency Management Agency (FEMA), Federal Insurance Administration (FIA), dated August 24, 1984, or the most recent revision thereof.
(b) Changes. The delineation of the Flood Plain District may be revised, amended and modified by Council in compliance with the National Flood Insurance Program when:
(1) There are changes through natural or other causes.
(2) Changes are indicated by future detailed hydrologic and hydraulic studies.
All such changes shall be subject to the review and approval of the Federal Insurance Administrator.
(c) Boundary Dispute. Should a dispute concerning any district boundary arise, an initial determination shall be made by the City Recorder. Any party aggrieved by this decision may appeal to the City Council. The burden of proof shall be on the appellant.
(Passed 7-24-00.)
1379.04 UTILIZATION OF THE FLOOD PLAIN DISTRICT.
(a) Floodway.
(1) General requirements. In the Floodway, no development shall be permitted which would result in any increase in the base flood elevation during the occurrence of the base flood discharge. When a developer proposes to offset the effects of development in the Floodway by construction of stream improvements, he shall submit an engineering study prepared by a registered professional engineer which fully evaluates the effects of such construction. The report shall use the base flood as herein defined as the basis of analysis. All adjacent communities and the State Coordinating Office shall be notified by the developer by certified mail of all such intended activities prior to any alteration or relocation of a watercourse and shall submit copies of such notification to the Federal Insurance Administrator. In addition, the developer shall assure the City Recorder, in writing, that the flood carrying capacity within the altered or relocated portion of the watercourse in question will be maintained. All uses, activities and other developments shall be undertaken in strict compliance with the floodproofing and related provisions contained herein, and in all other applicable codes, ordinances and regulations.
(2) Manufactured homes. In the Floodway, the placement of any manufactured homes, except in an existing manufactured home park or manufactured home subdivision, shall be prohibited. For any existing manufactured home park or subdivision within the floodway , the owner or operator of the manufactured home park or subdivision shall file with the disaster preparedness authorities of the County and the City an evacuation plan which indicates alternate vehicular access routes and escape routes.
(b) Floodway Fringe and Approximated Flood Plain. In the Floodway Fringe and Approximated Flood Plain, any development and/or use of land shall be permitted provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained herein and in all other applicable codes, ordinances and regulations. For any manufactured home park or subdivision within the Floodway Fringe or Approximated Flood Plain, the owner or operator of the manufactured home park or subdivision shall file with the disaster preparedness authorities of the County and the City an evacuation plan which indipates alternate vehicular access routes.
In addition, whenever a developer intends to alter or relocate a watercourse within the Floodway Fringe or Approximated Flood Plain, the developer shall notify in writing by certified mail all adjacent communities and the State Coordinating Office of all such intended activities prior to any alteration or relocation of the watercourse, and shall submit copies of such notification to the Federal Insurance Administrator. The developer shall also assure the City Recorder in writing, that the flood-carrying capacity within the altered or relocated portion of the watercourse in question will be maintained.
(Passed 7-24-00.)
1379.05 CRITERIA FOR BUILDING PERMIT.
(a) Building permits are required in order to determine whether all new construction or substantial improvements are:
(1) Designed or modified and adequately anchored to prevent flotation, collapse or lateral movement.
(2) Constructed with materials and utility equipment resistant to flood damage.
(3) Constructed by methods and practices that minimize flood damage.
(b) The basic format of the building permit is defined in Section 1329.04 of the City of Summersville Zoning Ordinance adopted 9-3-68 and presented on the Building Permit Application of the City of Summersville.
(c) Depending on the type of structure involved, the following information shall also be included in the building permit for work within the Flood Plain District:
(1) For structures to be elevated to the base flood elevation:
A. A plan showing the size of the proposed structure and its relation to the lot where it is to be constructed.
B . A determination of elevations of the existing ground, proposed finished ground and lowest floors certified by a registered professional engineer, surveyor or architect.
C. Plans showing the method of elevating the proposed structures, including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, etc. When required by the Chief Building Inspector, these plans shall be prepared by a registered professional engineer or architect.
D. Plans showing the methods used to protect utilities, including sewer, water, telephone, electric, gas, etc., from flooding to the base flood elevation at the building site.
(2) For structures to be floodproofed to the base flood elevation (nonresidential structures only):
A. Plans showing details of all floodproofing measures, prepared by a registered professional engineer or architect, and showing the size of the proposed structure and its relation to the lot where it is to be constructed.
B. A determination of elevations of existing ground, proposed finished ground, lowest floors and floodproofing limits, certified by a registered professional engineer, surveyor or architect.
C . A certificate prepared by the registered professional engineer or architect who prepared the plans in subsection (c)(2)A. hereof, that the structure in question, together with attendant utility and sanitary facilities is designed so that:
1. Below the base flood elevation, the structure is water tight with walls substantially impermeable to the passage of water.
2. The structure will withstand the hydrostatic, hydrodynamic, buoyant, impact and other forces resulting from the flood depths, velocities, pressures and other factors associated with the base flood.
(d) For all structures in the Flood Plain: electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(Passed 7-24-00.)
1379.06 CONSTRUCTION REQUIREMENTS.
(a) Minimum Floodproofing Standards. In order to prevent excessive damage to buildings and structures, the following restrictions shall apply to all new construction and to construction of substantial improvements to existing structures occurring in the Flood Plain District.
(b) Basements and Lowest Floors. All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the base flood elevation. All new construction and substantial improvements of nonresidential structures shall have the lowest floor, including basement, elevated to base flood elevation; or together with attendant utility and sanitary facilities, shall be designed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(c) Enclosures Below a Structure; Lowest Floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a registered professional engineer or architect or shall meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(d) Fill. If fill is used to raise the finished surface of the lowest floor to the base flood
elevation:
(1) Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally fifteen feet beyond the building line from all points. For nonresidential structures, fill shall be placed to provide access acceptable for intended use. At-grade access, with fill extending laterally fifteen feet beyond the building line, shall be provided to a minimum of twenty-five percent (25%) of the perimeter of a nonresidential structure.
(2) Fill shall consist of soil or rock materials only. Sanitary land fills shall not be permitted.
(3) Fill material shall be compacted to provide the necessary stability and resistance to erosion, scouring or settling.
(4) Fill slopes shall be no steeper than one vertical on two horizontal unless substantiating data justifying steeper slopes are submitted to and approved by the Chief Building Inspector.
(5) Fill shall be used only to the extent to which it does not adversely affect adjacent properties.
(e) Placement of Buildings, Structures and Manufactured Homes.
(1) All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum obstruction effect upon the flow and height of floodwater.
(2) The following shall not be placed or caused to be placed in the designated floodway: fences, except two-wire fences, other matter which may impede, retard or change the direction of the flow of water or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream or flood waters would carry the same downstream to the damage or detriment of either public or private property adjacent to the flood plain.
(3) Manufactured homes shall be elevated on compacted fill or on pilings so that the lowest floor of each manufactured home will be at the base flood elevation.
(4) Adequate surface drainage and access for a manufactured home hauler shall be provided.
(5) When manufactured homes are to be elevated on pilings, lots shall be large enough to permit steps, piles shall be placed in stable soil no more than ten feet apart, and reinforcement shall be provided for pilings more than six feet above ground level.
(6) Manufactured homes shall be placed on permanent foundations.
(f) Anchoring.
(1) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse and lateral movement, thus reducing the threat to life and property, and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.
(2) All air ducts, large pipes and storage tanks located at or below the base flood elevation shall be firmly anchored to resist flotation.
(3) All manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specifically:
A. Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, and manufactured homes less than fifty feet long requiring one additional tie per side.
B. Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than fifty feet long requiring four additional ties per side.
C. All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
D. Any additions to a manufactured home shall be similarly anchored.
(g) Storage. No new construction which stores materials that are buoyant, flammable, explosive or in times of flooding could be injurious to human, animal or plant life shall be stored below base flood elevation.
(Passed 7-24-00.)
1379.07 SITE PLAN CRITERIA.
(a) Requirements Generally. The owner or developer of any proposed subdivision, manufactured home park or subdivision or other development shall submit a site plan to the Chief Building Inspector which includes the following information:
(1) Name of engineer, surveyor or other qualified person responsible for providing the information required in this section.
(2) A map showing the location of the proposed subdivision and/or development with respect to the Municipality's flood-prone areas, proposed lots and sites, fills, flood or erosion protective facilities and areas subject to special deed restriction. In addition, it is required that all subdivision proposals and other proposed new developments greater than fifty lots or five acres, whichever is the lesser, shall include base flood elevation data.
(3) Where the subdivision and/or development lies partially, or completely in the flood-prone areas, the plan map shall include detailed information giving the location and elevation of proposed roads, public utilities and building sites. All such maps shall also show contours at intervals of two or five feet depending upon the slope of the land and identify accurately the boundaries of the flood-prone areas.
(b) Within Floodway Fringe or Approximated Flood Plain. For all new manufactured home parks, or expansions to existing manufactured home parks and for existing manufactured home parks where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, the following requirements shall be met for any construction within the Floodway Fringe or Approximated Flood Plain.
(1) Stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of each manufactured home will be at the base flood elevation.
(2) Adequate surface drainage and access for a manufactured home hauler shall be provided.
(3) When manufactured homes are to be elevated on pilings, lots shall be large enough to permit steps, piles shall be placed in stable soil no more than ten feet apart and reinforcement shall be provided for pilings more than six feet above ground level.
(4) Manufactured homes shall be placed on permanent foundations.
(c) Utility and Facility Requirements. For all proposed subdivisions, manufactured home parks or subdivisions or other development, the City Recorder shall require:
(1) All new or replacement water systems, located in the Flood Plain District, whether public or private, shall be floodproofed to the base flood elevations.
(2) All new or replacement sanitary disposal systems, located within the Flood Plain District, whether public or private, shall be floodproofed to the base flood elevation.
(3) All other new or replacement public and/or private utilities and facilities shall be elevated or floodproofed to the base flood elevation.
(d) Drainage. Adequate drainage shall be provided to reduce exposure to flood hazards. (Passed 7-24-00.)
1379.08 ADMINISTRATION.
(a) Building Permits and Site Plan Approvals Required. No person, partnership, business or corporation shall undertake, or cause to be undertaken any development or the new construction, substantial improvement or relocation of any structure, including manufactured homes, within the Flood Plain District, unless the necessary permits have been obtained from the City Recorder. In addition, where land is to be subdivided, utilized for a manufactured home park or subdivision or otherwise developed, a site plan shall be submitted to, and approved by, the City Recorder prior to any development.
(b) Approval of Permits and Plans. All permits and plans shall be approved only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances. The City Recorder shall require copies of all necessary permits from those governmental agencies from which approval is required by Federal or State law. A record of all information supplied to the City Recorder shall be kept on file in the Office of the City Recorder.
(d) Changes. After the issuance of a building permit or site plan approval by the City Recorder, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the City Recorder.
(e) Placards. In addition to the building permit, the City Recorder shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit, the date of its issuance and be signed by the City Recorder or an agent of the City Recorder.
(f) Start of Construction. Work on the proposed construction shall begin within six months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the City Recorder.
(g) Inspection and Revocation. During the construction period, the Chief Building Inspector or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable laws and ordinances. In the event the Chief Building Inspector discovers that the work does not comply with the permit application or any applicable laws and ordinances or that there has been a false statement or misrepresentation by any applicant, the Chief Building Inspector shall revoke the building permit and report such fact to the City Recorder for whatever action it considers necessary.
(h) Fees. Applications for a building permit shall be accompanied by a fee payable to the City, based upon the estimated cost of the proposed construction as determined by the City Recorder in accordance with Form PZ 102-93.
(Passed 7-24-00.)
1379.09 APPEALS.
(a) Filing. Whenever any person is aggrieved by a decision of the City Recorder with respect to the provisions of this article, it is the right of that person to appeal to the City Council. Such appeal must be filed, in writing, within thirty days after the determination by the City Recorder. Upon receipt of such appeal, the City Council shall set a time and place not less than ten nor more than thirty days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties at which time they may appear and be heard. The determination by the City Council shall be final in all cases, unless appeal is taken to the Circuit Court of Nicholas County within thirty days from an adverse ruling.
(b) Appeals Review Criteria. All appeals contesting only the permit fee established by the City Recorder may be handled at the discretion of the City Council. All decisions on appeals to all other provisions of this article not covered in subsection (a) hereof shall adhere to the following criteria:
(1) An affirmative decision shall not be issued by the City Council within the designated floodway if any increase in flood levels during the base flood discharge would result.
(2) A decision may be issued by the City Council for the 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 elevation in conformance with the procedures of paragraphs (3) to (6) of this subsection (b).
(3) Affirmative decisions shall only be issued by the City Council upon: a showing of good and sufficient cause; a determination that failure to grant the appeal would result in an exceptional hardship to the applicant; and a determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(4) Affirmative decisions shall only be issued upon determination that it is the minimum necessary, considering the flood hazard, to afford relief.
(5) The City Council shall notify the applicant, in writing, over the signature of a community official, that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with a record of all decisions as required in paragraph (6) of this subsection (b).
(6) The City Council shall maintain a record of all decisions including justification for their issuance, and report such decisions issued in its annual report submitted to the Federal Insurance Administration.
(Passed 7-24-00.)
1379.10 MUNICIPAL LIABILITY.
The granting of a permit or approval of a subdivision or development plan in an identified flood-prone area, shall not constitute a representation, guarantee or warranty of any kind by the City or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the City, its officials or employees.
(Passed 7-24-00.)
1379.99 PENALTY.
Whoever fails to comply with any requirement or provision of this article or direction of the building permit officer or any other authorized employee of the Municipality shall be fined not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00). Each day during which any violation of this article continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article 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 or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the City Recorder to be a public nuisance and abatable as such.
(Passed 7-24-00.)