(a)

The purpose of the R-LD residential low-density district is to provide appropriate areas for low density single-family residential development and promote a suitable residential environment with necessary community facilities and public services. The district is intended to preserve the predominant character of established neighborhoods with relatively large lots and to afford protection from encroachment by potentially incompatible nonresidential and higher density residential uses. It is also intended for application in areas that are not yet fully developed, where agricultural activities, forestlands or open areas remain and where public utilities are not yet provided or may not be provided in the future.

(b)

The purpose of the R-1 residential district is to provide appropriate areas for moderate density single-family residential development and promote a suitable residential environment with necessary community facilities and public services. The district is also intended to preserve the predominant character of established neighborhoods and protect single-family residential areas from encroachment by potentially incompatible nonresidential uses and higher density residential uses.

(c)

The purpose of the R-2 residential district is to provide appropriate areas for moderate density residential development and promote a suitable residential environment with necessary community facilities and public services. Although the primary intended use is single-family detached, the district also provides for flexibility in housing types by permitting two-family dwellings and townhouses at densities compatible with single-family detached. The district is also intended to preserve the predominant character of established neighborhoods and protect them from encroachment by potentially incompatible nonresidential uses and higher density residential uses.

(d)

The purpose of the R-3 residential district is to provide for a variety of housing types at medium to high density in a suitable residential environment protected from encroachment by incompatible nonresidential uses. The district is intended to be applied to areas having convenient access and adequate services and facilities for residents with minimal impact on minor streets and lower density neighborhoods. The lot size, density, open space, yard and other requirements of the district are intended to avoid congestion and overcrowding of land, promote a compatible mixture of housing types and avoid undue burden on public services.

(a)

The purpose of the R-B residential-business district is to accommodate a limited range of offices and similar uses that are compatible with moderate density residential in order to provide for mixed use and other alternatives for conversion of dwellings or for new construction in areas that are undergoing change and are no longer viable as exclusively residential in character. The district is also intended as a means to ease the transition between residential and commercial areas by providing for a mix of uses and development standards that are compatible with nearby residential areas.

(b)

The purpose of the GB general business district is to accommodate a wide range of retail and service uses which serve the community as a whole or cater to the traveling public. The district is intended to be applied along primary traffic routes and to areas having direct access to such routes, in order to provide safe and efficient access while avoiding the routing of traffic onto minor streets or through residential areas. The district regulations are designed to afford flexibility in permitted uses of individual sites in order to promote business opportunities, economic development and the provision of services. The district regulations are also designed to provide for harmonious development and compatibility with adjacent residential areas.

(c)

The purpose of the CB central business district is to provide for the day-to-day and specialty shopping and service needs of the community. It is intended to be a compact, densely developed and well-defined area having a strong pedestrian orientation and urban shopping area character that is compatible with adjacent residential neighborhoods. The permitted uses and regulations of the district are intended to promote an attractive pedestrian environment with retail, personal service and office establishments at street level and with minimal disruption from vehicle-oriented land uses and features that would detract from a safe, convenient and economically viable pedestrian environment. The district is intended to promote continuity of a storefront character with minimum interruption by driveways and vehicle traffic across public sidewalk areas. The district regulations are also intended to preserve the predominant scale of the central business area, promote retention and appropriate use of existing structures and encourage that any new development be compatible with the area.

(d)

The purpose of the P/O public/open space district is to preserve specific areas from private development, as these areas have been identified as currently undeveloped, unlikely to be developed, or unsuitable for private development. These areas either have natural conditions of soil, slope, susceptibility to flooding or erosion, geological condition, vegetation or an interaction between the aforesaid which makes such lands unsuitable for urban development or which are of a public nature which is inappropriate for private development. In order to protect the natural environment in these sensitive areas, the permissible uses there are limited to public recreation-oriented activities. This district is also intended to specify the location of public facilities of a recreational nature as well as to reserve areas for location of other public facilities.

(Ord. No. 1058, 7-16-2024; Ord. No. 1059, 9-3-2024)

(a)

The purpose of the M-1 limited industrial district is to provide appropriate locations for light industrial and manufacturing uses along with related service and support uses and compatible commercial activities. The uses permitted in the district typically involve minimal hazards, do not create significant amounts of smoke, noise, odor, dust or other nuisance, and are intended to provide employment opportunities and economic development potential. The district is intended to be located along or near primary traffic routes to facilitate access and avoid industrial traffic on minor roads and residential streets. The regulations in the M-1 district are designed to promote compatibility among uses within the district and with neighboring uses in other districts and to avoid adverse impacts on existing and future industrial development so as to maximize industrial development opportunities in the town.

(b)

The purpose of the M-2 general industrial district is to provide appropriate locations for general industrial and manufacturing uses which may result in greater amounts of smoke, noise, odor or dust than typically associated with uses permitted in the M-1 limited district. The M-2 district is intended to accommodate those uses which, although not generally appropriate in other districts or close to residential, business or limited industrial areas, provide desirable employment opportunities, enhance economic development potential, enlarge the tax base and provide needed services or products. The setback, yard, screening, special use permit and other requirements of the district are intended to promote compatibility of development and to provide protection for other uses and for the general public.

Consistent with the general purposes of this appendix, the intent of the PD planned development district is to encourage and provide for the development of medium to large parcels of land for residential or limited mixed use communities in a planned and coordinated manner. The district is intended to provide greater flexibility than normal zoning classifications in order to encourage the most efficient and economical use of limited vacant land, to maximize opportunities to provide open space and preserve natural features of the land through clustering and other design concepts and to adapt development standards to the unique characteristics of individual sites. The district regulations are intended to promote imaginative and innovative design, a variety of housing types, convenience of services and provision of recreational and other amenities for residents.

(Ord. No. 1059, 9-3-2024)

_____

Use limitations. Commercial uses permitted in the PD planned development district shall be subject to the following limitations in addition to other applicable requirements:

(1)

Not more than 15 percent of the gross area of a PD district shall be devoted to sites for commercial uses and their accessory uses and structures.

(2)

No individual commercial use shall contain more than 5,000 square feet of floor area.

(3)

No zoning permit for any commercial use shall be issued until certificates of use and occupancy have been issued for at least 25 percent of the dwelling units proposed in the PD district.

Each PD district shall contain not less than ten acres of contiguous land area. Existing public streets shall not be included in calculating land area.

(a)

Density. The density of a PD district shall not exceed ten dwelling units per gross acre. For purposes of calculating density, areas devoted to sites for commercial uses shall not be included.

(b)

Common open space requirements. Not less than 20 percent of the gross area of each PD district shall be devoted to common open space meeting the following criteria:

(1)

Common open space shall consist of areas owned by a homeowners' association and devoted to active or passive recreation or leisure time use or to the privacy or visual enjoyment of residents of the development, and may include buffers, floodplains, steep slopes and other natural areas to be preserved. Common open space may include land improved or developed for recreation use, including swimming pools, game courts, playgrounds, recreation centers and similar facilities, but shall not include streets, parking areas, private yard areas or sites reserved for future development of a nature that would not qualify as common open space.

(2)

Common open space shall have horizontal widths of not less than 50 feet, except areas devoted to pedestrian trails, bikeways or leisure trails shall not be less than ten feet in horizontal dimensions.

(3)

Common open space shall be arranged, together with streets and walkways, to provide a continuous and interconnected system which is accessible from all dwelling units within the development without having to cross privately owned property.

(c)

Yards and setbacks. Minimum yards, setbacks and spaces between buildings shall be as required in the R-3 residential district, unless different minimum requirements are specifically authorized in the approved master plan for the PD district.

(d)

Perimeter buffer. A buffer area of not less than 50 feet in width shall be provided around the perimeter of the PD district, except adjacent to public streets providing access to the district. Such buffer area shall be left in a natural state or shall be supplemented with landscaping materials and/or structural fences or walls. No building, structure, road, parking area or improvement for active recreation use shall be located in any required buffer.

(e)

Height limits. No building or structure in a PD district shall exceed a height of 45 feet, provided that no accessory building located within 25 feet of a property line shall exceed a height of 15 feet. (See article VI for supplementary height regulations.)

(f)

Public sewer and water. The PD district shall be served by public sewer and public water systems.

(g)

Underground utilities. All utility lines within a PD district shall be placed underground.

(h)

Streets. Except as may be specifically approved by the town council in conjunction with the PD district master plan, streets within a PD district shall be public and shall be constructed in accordance with applicable standards of the town and the Virginia Department of Transportation. Private internal streets within a PD district which provide access to sites within the district and do not provide for through traffic by the general public may be permitted by the council in accordance with design and construction standards specified in the PD district master plan.

(i)

Preservation and maintenance of common areas. Provisions shall be made by the developer to ensure preservation and maintenance of required common open space and other common areas and facilities. Ownership of common areas and facilities shall be vested in a homeowners' association comprised of all owners of property within the development. Appropriate covenants and restrictions providing for preservation and maintenance of such areas and facilities shall be described in general and approved as to form by the town attorney at the time of submission and review of the PD district master plan. Final covenants and restrictions shall be submitted for review by the zoning administrator and town attorney, and shall be recorded prior to approval of any site plan.

(a)

Generally. Except as specifically modified by the provisions of this division, application for rezoning of a property to a PD district shall be submitted in the same manner and shall be reviewed and considered in the same manner as other applications to change the zoning classification of property by amendment to the official zoning district map as set forth in article IX of this appendix. A master plan for the development of each PD district shall be submitted by the applicant as part of the application for rezoning. Upon approval by the town council, the standards and requirements set forth in the master plan shall, together with the applicable requirements of this appendix, constitute the regulations applicable within the PD district.

(b)

Master plan contents. Every application for rezoning to a PD district shall include a master plan for development of the site which shall consist of not less than the following written and graphic information, in such number as specified by the policy of the planning commission, prepared in sufficient detail and scale and with sufficient clarity to accurately depict the nature and character of development proposed within the PD district:

(1)

A plat, legal description of the property and verification of ownership or control by the applicant.

(2)

Existing zoning, uses and structures on the subject site, and existing zoning and use of adjacent properties.

(3)

An inventory of site characteristics and natural features, including topography with contour intervals of five feet or less, watercourses, water bodies, floodplains, wooded areas and other major vegetation features, and historic and archeological resources.

(4)

Description of the proposed development, including its general character, the manner in which it satisfies the purposes and intent of PD districts, means of preserving significant natural features and means of addressing potential impacts on the community and on public services.

(5)

A land use plan for the site, showing specific land uses with schematic site plans, access and circulation, general location and arrangement of buildings, parking areas, driveways, pedestrian routes, natural areas to be retained, buffers and open spaces and their functions and general character.

(6)

Statements or graphic representations showing proposed development standards including minimum lot areas and widths, minimum yards and setbacks, building heights, densities, amount of nonresidential floor area, number of parking spaces and percentage of open space.

(7)

Traffic impact analysis.

(8)

General plans for public services and utilities showing the necessary services and utilities will be provided and are sufficient to serve the development.

(9)

Statements or graphic representations of general character and architectural and community design guidelines to be applicable to the development, including street and parking area design standards, lighting and signage.

(10)

General description of covenants and restrictions intended to provide for preservation and maintenance of common areas and facilities.

(11)

Development phasing schedule.

(12)

Such other information that is deemed necessary by the zoning administrator, planning commission or town council to establish that the proposed development complies with the general purposes or specific requirements of this appendix, including such additional information or analyses as may be necessary to evaluate potential impacts of the proposed development on the surrounding area and the community as a whole.

(c)

Reserved.

(d)

Pre-application conference. Prior to submission of the application and master plan, the applicant shall meet with the zoning administrator to discuss the proposed development in general and the PD district application, review and approval process.

(e)

Review and consideration of application. Formal review, consideration and action on the application shall be conducted in accordance with the provisions of division 1 of article IX of this appendix. The planning commission's action on the application shall include recommendations to town council regarding the master plan accompanying the application, and the commission may recommend modifications or changes to such master plan. The town council may consider further appropriate modifications or changes to the master plan.

(f)

Approval of subdivision and site plans. Prior to development pursuant to an approved PD district, subdivision plats as normally required by the subdivision ordinance, appendix A of this Code, and/or of the town and site plans as normally required by article VIII of this appendix shall be submitted and approved. Subdivision plats and site plans shall conform to the standards and requirements of the PD district and the master plan approved in conjunction with the district.

(g)

Modifications or amendments to approved master plan. Minor modifications to an approved PD district master plan may be authorized by the zoning administrator when such modifications do not: Alter the boundaries of the property; conflict with specific requirements of this appendix or any specific standards or requirements set forth in the approved master plan; significantly decrease the width or depth of any yard, setback or buffer area; significantly alter points of access to the property or the internal circulation system; significantly alter the arrangement of major site plan elements; or substantially change the general character, architectural treatment or design of elements of the plan. Any change in an approved PD district master plan other than a minor modification as described above shall require a formal amendment subject to the same procedures and requirements as a new application.

(h)

Failure to submit site plans. Failure of an applicant to submit a site plan for a first phase of development pursuant to an approved PD district within 24 months of approval of the district shall cause the town council to initiate an ordinance to amend the official zoning map to rezone the property to the classification(s) existing at the time of initial approval of the PD district.

(a)

Mixed use is the idea of creating a multi-use, multi-purpose building or set of buildings, incorporating some combination of residential, commercial, industrial, office, institutional, or other land uses as part of the overall environment. Mixed use may be developed at various scales from a mixed-use building, mixed-use parcels/sites or mixed use walkable/transit areas. A mixed-use building or buildings will be considered largely residential with street front commercial space, providing retailers with customers within close reach of each other.

(b)

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

(1)

Allow market-driven growth in places that are most conducive to accommodating additional activity;

(2)

Encourage economic development through the creation of a mix uses adjacent to existing commercial centers;

(3)

Provide diverse housing development for households with a range on incomes and lifestyles;

(4)

Promote a walkable community with pedestrian-oriented buildings and open space that connects to nearby destinations;

(5)

Create and support lively, human-scaled activity areas and gathering places for the community by encouraging civic uses, plazas, and a mix of uses;

(6)

Ensure that new development is consistent with and enhances the nearby streetscapes;

(7)

Promote development that accommodates the automobile but also emphasizes alternative travel means such as buses, biking, and walking;

(8)

Promote the adaptive reuse of existing buildings that have been identified as architectural, cultural, and/or historic significance to the community;

(9)

Encourage redevelopment of underutilized or obsolete industrial, commercial or institutional property;

(10)

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

(11)

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

Applications to establish a mixed-use development (MUD) district or amend the development plan of MUD district shall include a proposed development plan, drawn to scale, containing the following information and necessary explanatory materials:

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

Information to demonstrate the compatibility of all structures with the character and appearance of the surrounding neighborhood by virtue of the structures' height, bulk, and location within the MUD district.

(Ord. No. 1059, 9-3-2024)

_____

(a)

Public streets. All proposed streets within a MUD district shall be designed and constructed according to the VDOT Secondary Street Acceptance Requirements, and the applicant shall ensure that the proposed public streets will be accepted into the public street system by VDOT and the town, and shall supply such surety as the town may require.

(b)

Grid network. The transportation system in the MUD district shall be generally in the form of a grid of interconnected streets, alleys and paths, modified as necessary to accommodate topography and parcel shape.

(1)

Streets. Proposed streets within the MUD district shall be extended to the boundary lines of the parcel being developed and terminated with stub outs to provide access to adjacent tracts not presently being subdivided or developed.

(2)

Cul-de-sac streets. Cul-de-sac streets shall not comprise more than ten percent of the total street length in the MUD district, nor shall any individual cul-de-sac street exceed 500 feet in length. Alleys are exempt from this calculation.

(3)

Block size. Blocks shall be in conformance with appendix A, subdivision ordinance.

(4)

Street design.

a.

Street sections shall be designed to meet VDOT standards and shall be built to the narrowest dimensions permitted by the town and VDOT.

b.

Dead end alleys are permissible if identified in the development plan submitted at the time of rezoning approval, but in no circumstances shall an alley have a dead end length of over 100 feet. Dead end alleys shall have hammerhead turnarounds.

c.

Bicycle accommodations shall meet VDOT requirements.

(5)

Accommodation for pedestrians and bicycles.

a.

Accommodations for pedestrians and bicycles within new proposed town right-of-way shall be designed and constructed according to VDOT Secondary Street Acceptance Requirements. Reasonable accommodation for bicycles should be considered in existing street systems.

b.

Sidewalks shall be provided on both sides of the street and separated from the roadway by a planting strip or designated parallel parking.

c.

The paved area of sidewalks shall be not less than five feet wide. If a planting strip is provided, it shall be a minimum of four feet in width.

(6)

Lot access.

a.

All lots shall front on a public street or on a square or plaza.

b.

Alleys shall serve only the rear or sides of lots or uses.

(a)

Off-street parking. Except as otherwise provided by this subsection, off-street parking requirements shall be in accordance with article VI of this appendix.

(b)

Shared parking. The zoning administration shall permit shared parking upon approval of a shared parking plan.

(c)

On-street parking. On-street parking is permitted if Vinton Department of Public Works approves the design and placement of such spaces.

(1)

On-street as well as off-street parking spaces shall be counted toward satisfying the use-based parking requirements contained within article VI of this appendix.

(2)

Where on-street parking is provided, requirements for off-street parking shall be reduced accordingly.

(3)

On-street parking spaces assigned to a building or use shall be those spaces that abut the lot containing that building or use.

(4)

On-street parking shall be provided on streets abutting squares, small parks or other open spaces.

(d)

Off-street parking for commercial and mixed uses. Off-street parking and loading spaces for commercial and mixed-use structures shall be located to the rear of principal structures with the exception of required handicapped parking or loading spaces or for existing building which may be located to the sides of the principal structure.

(e)

Parking for retail and services. Parking for retail and service uses shall not require on-site parking provided that:

(1)

On-street or off-street parking is available within a 600-foot radius of the activity.

(2)

The total floor space for the individual uses does not exceed 2,500 square feet of gross floor area.

The provisions of this subsection shall apply to any nonresidential project in a MUD district as follows:

(a)

Generally, site lights should be dark-sky-friendly, and not cast light upward into the sky. Site lighting shall be located and designed to illuminate only the intended lot; light shall be directed downward to the immediate area being lighted and away from any living quarters.

(b)

Floodlights or directional lights may be used to illuminate alleys, parking garages and working (maintenance) areas, but shall be shielded or aimed in such a way that they do not shine into other lots, the street, or direct light out of the MUD district. Floodlighting shall not be used to illuminate building walls (i.e. lights should not be placed on the ground so that a beam of light is directed upward).

(c)

Pedestrian scale decorative streetlights (12 feet to 15 feet in height) shall be installed by the developer on both sides of new streets throughout the MUD district with a general average spacing of 75 feet on center.

The following provisions shall apply to providing utilities in the MUD district:

(a)

All development within a MUD district shall be served by public water and sewer facilities.

(b)

Utilities (and associated pedestals, cabinets, junction boxes and transformers) including electric, cable TV, telephone and natural gas service shall be located underground and to the rear of properties in alley rights-of-way (ROW) or the ROW of minor streets, and all utilities shall be located within a public utility easement. Aboveground utilities are permissible if identified and approved in the development plan submitted at the time rezoning is approved.

(c)

Wireless facilities may be approved either as part of a master plan of development under this division or as an accessory or modification to the master plan of development following the general procedures for approval of such facilities set forth in this appendix.

A property owners' association (POA) shall be established:

(a)

A property owners association (POA) shall be established by the developer at the time of zoning approval of a MUD district.

(b)

Membership in a POA shall be mandatory for all property owners within the MUD district, and shall be required as a covenant in all deeds to property in the MUD district granted after development plan approval.

(c)

The developer shall prepare documents which provide at a minimum that the POA shall accept title to any common elements including, but not limited to, open space, recreation, plazas, roads, parking, sewer, water, and stormwater management facilities which will not be publicly owned, and shall provide for the maintenance of any common area improvements or other property owned by the POA.

The following general development standards shall apply in the MUD district:

(a)

The density of a MUD district shall not exceed 24 dwelling units per gross acre. For purposes of calculating density, areas devoted to sites for commercial uses shall not be included.

(b)

Except infill sites of less than three acres; not less than ten to 20 percent of the gross area of each MUD district shall be devoted to common open space meeting the following criteria:

(1)

Common open space shall consist of areas owned by a homeowners' association and devoted to active or passive recreation or leisure time use or to the privacy or visual enjoyment of residents of the development, and may include buffers, floodplains, steep slopes and other natural areas to be preserved. Common open space may include land improved or developed for recreation use, including swimming pools, game courts, playgrounds, recreation centers and similar facilities, but shall not include streets, parking areas, private yard areas or sites reserved for future development of a nature that would not qualify as common open space.

(2)

Common open space shall have horizontal dimensions of not less than 50 feet, except areas devoted to pedestrian trails, bikeways or leisure trails shall not be less than ten feet in horizontal dimensions.

(3)

Common open space shall be arranged, together with streets and walkways, to provide a continuous and interconnected system which is accessible from all dwelling units within the development without having to cross privately owned property.

(c)

Minimum yards, setbacks and spaces between buildings shall be as required in the R-3 residential district, unless different minimum requirements are specifically authorized in the approved master development plan for the MUD district.

(d)

Where adjacent to a non-compatible land use, as determined by zoning administrator, a buffer area of not less than 15 feet in width shall be provided around the perimeter of the MUD district, except adjacent to public streets providing access to the district. Such buffer area shall be left in a natural state or shall be supplemented with landscaping materials and/or structural fences or walls. No building, structure, road, parking area or improvement for active recreation use shall be located in any required buffer.

(e)

No building or structure in a MUD district shall exceed a height of 45 feet. This height limitation should not apply to the adaptive reuse of existing structures that have been identified as architectural, cultural and/or historic significance to the community.

(f)

Except as may be specifically approved by the town council in conjunction with the MUD district master plan, streets within a MUD district shall be public and shall be constructed in accordance with applicable standards of the town and the Virginia Department of Transportation. Private internal streets within a MUD district which provide access to sites within the district and do not provide for through traffic by the public may be permitted by the council in accordance with design and construction standards specified in the MUD district master development plan.

(g)

Provisions shall be made by the developer to ensure preservation and maintenance of required common open space and other common areas and facilities. Ownership of common areas and facilities shall be vested in a homeowners' association comprised of all owners of property within the development. Appropriate covenants and restrictions providing for preservation and maintenance of such areas and facilities shall be described in general and approved as to form by the town attorney at the time of submission and review of the MUD district master development plan. Final covenants and restrictions shall be submitted for review by the zoning administrator and town attorney, and shall be recorded prior to approval of any site plan.

(h)

A variance from the development standards may be permitted by the zoning administrator, when strict adherence to such development standards would result in substantial injustice or hardships. An appeal from the decision of the zoning administrator may be taken to the board of zoning appeals (BZA) in accordance with article X of this appendix.

(a)

Except as specifically modified by the provisions of this division, application for rezoning of property to a MUD district shall be submitted in the same manner and shall be reviewed and considered in the same manner as other applications to change the zoning classification of property by amendment to the official zoning district map as set forth in article IX of this appendix. The applicant, as part of the application for rezoning, shall submit a master plan for the development of each MUD district. Upon approval by the town council, the standards and requirements set forth in the master plan shall, together with the applicable requirements of this appendix, constitute the regulations applicable within the MUD district.

(b)

Every application for rezoning to a MUD district shall include a master plan for development of the site which shall consist of not less than the following written and graphic information, in such number as specified by policy of the planning commission, prepared in sufficient detail and scale and with sufficient clarity to accurately depict the nature and character of the development proposed within the MUD district:

(1)

A plat, legal description of the property and verification of ownership or control by the applicant.

(2)

Existing zoning, uses and structures on the subject site, and existing zoning and use of adjacent properties.

(3)

An inventory of site characteristics and natural features, including topography with contour intervals of five feet or less, watercourses, water bodies, floodplains, wooded areas and other major vegetation features, and historic and archeological resources.

(4)

Description of the proposed development, including its general character, the manner in which it satisfies the purposes and intent of MUD district, means of preserving significant natural features and means of addressing potential impacts on the community and on public services.

(5)

A land use plan for the site, showing specific land uses with schematic site plans, access and circulation, general location and arrangement of buildings, parking areas, driveways, pedestrian routes, natural areas to be retained, buffers and open spaces and their functions and general character.

(6)

Statements or graphic representations showing proposed development standards including minimum lot areas and widths, minimum yards and setbacks, building heights, densities, amount of nonresidential floor area, numbers of parking spaces and percentage of open space.

(7)

Traffic impact analysis, at the discretion of the zoning administrator.

(8)

General plans for public services and utilities sufficient to show that necessary services and utilities will be provided to serve the development.

(9)

Statements or graphic representations of general character and architectural and community design guidelines to be applicable to the development, including street and parking area design standards, lighting and signage.

(10)

General description of covenants and restrictions intended to provide for preservation and maintenance of common areas and facilities.

(11)

Development phasing schedule.

(12)

Such other information deemed necessary by the zoning administrator, planning commission or town council to establish that the proposed development complies with the general purposes or specific requirements of this appendix, including such additional information or analyses as may be necessary to evaluate potential impacts of the proposed development on the surrounding area and the community as a whole.

(c)

Reserved.

(d)

Prior to submission of the application and master development plan, the applicant shall meet with the zoning administrator to discuss the proposed development in general and the MUD district application, review and approval process.

(e)

Formal review, consideration and action on the application shall be conducted in accordance with the provisions of division 1 of article IX of this appendix. The planning commission's action on the application shall include recommendations to town council regarding the master plan accompanying the application, and the commission may recommend modifications or changes to such master plan. The town council may consider further appropriate modifications or changes to the master plan.

(f)

Prior to development pursuant to an approved MUD district, subdivision plats as normally required by the subdivision ordinance, appendix A of this Code, of the town and site plans as normally required by article VIII of this appendix shall be submitted and approved. Subdivision plats and site plans shall conform to the standards and requirements of the MUD district and the master plan approved in conjunction with the district.

(g)

Minor modifications to an approved MUD district master development plan may be authorized by the zoning administrator when such modifications do not: Alter the boundaries of the property; conflict with specific requirements of this appendix or any specific standards or requirements set forth in the approved master plan; significantly decrease the width or depth of any yard, setback or buffer area; significantly alter points of access to the property or the internal circulation system; significantly alter the arrangement of major site plan elements; or substantially change the general character, architectural treatment or design of elements of the plan. Any change in an approved MUD district master development plan other than a minor modification as described above shall require a formal amendment subject to the same procedures and requirements as a new application.

(a)

Statutory authorization and purpose. The ordinance from which this division derives is adopted pursuant to the authority granted to localities by Code of Virginia, § 15.2-2280. The purpose of these provisions is to prevent: the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

(1)

Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;

(2)

Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;

(3)

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

(4)

Protecting individuals from buying land and structures which are unsuitable for their intended purpose because of flood hazards.

(b)

Applicability. These provisions shall apply to all privately- and publicly-owned lands within the jurisdiction of the Town of Vinton (hereafter referred to as "town") and identified as areas of special flood hazard according to the flood insurance rate map (FIRM) that is provided to the town by the Federal Emergency Management Agency (FEMA).

(c)

Compliance and liability.

(1)

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

(2)

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 flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This division does not imply that districts outside the floodplain district areas or land uses permitted within such district will be free from flooding or flood damages.

(3)

The provisions herein shall not create liability on the part of the town or any officer or employee thereof for any flood damage that may result from reliance on these regulations or any administrative decision lawfully made thereunder.

(d)

Records. Records of actions associated with administering this appendix shall be kept on file and maintained by the floodplain administrator.

(e)

Abrogation and greater restrictions.

(1)

This floodway overlay district ordinance supersedes any ordinance currently in effect in flood-prone areas. Any underlying zoning district regulations, however, shall remain in full force and effect to the extent that its provisions are more restrictive.

(2)

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

(f)

Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this division shall be declared invalid for any reason whatever, such decision 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.

(g)

Penalty for violations. Any person who fails to comply with any of the requirements or provisions of this article or directions of the floodplain administrator or any authorized employee of the town shall be guilty of the appropriate violation and subject to the penalties therefore.

The Virginia Uniform Statewide Building Code (VA USBC) addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the zoning ordinance of the town are addressed in article VIII, division 5, sections 8-38 through 8-41 of the zoning ordinance.

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 within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the town to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

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

(1)

Appurtenant or accessory structure. Accessory structures not to exceed 200 square feet.

(2)

Base flood. The flood having a one-percent chance of being equaled or exceeded in any given year.

(3)

Base flood elevation. The FEMA designated one-percent annual chance water surface elevation and the elevation determined per section 4-30. The water surface elevation of the base flood in relation to the datum specified on the community's FIRM. For the purposes of this division, the base flood is a 100-year flood or one-percent annual chance flood.

(4)

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

(5)

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

(6)

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

(7)

Existing construction. Structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975 for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

(8)

Flood or flooding.

a.

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

1.

The overflow of inland or tidal waters; or

2.

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

3.

Mudflows which are proximately caused by flooding as defined in paragraph a.2. of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

b.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph a.2. of this definition.

(9)

Flood insurance rate map (FIRM). An official map of a community, on which the Federal Emergency Management Agency FEMA has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

(10)

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

(11)

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

(12)

Floodproofing. 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.

(13)

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

(14)

Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums may be less expensive.

(15)

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

(16)

Historic structure. Any structure that is:

a.

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

b.

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;

c.

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

d.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1.

By an approved state program as determined by the Secretary of the Interior; or

2.

Directly by the Secretary of the Interior in states without approved programs.

(17)

Hydrologic and hydraulic engineering analysis. Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

(18)

Letters of map change (LOMC). A letter of map change is an official FEMA determination, by letter, that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

a.

Letter of map amendment (LOMA). An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a land as defined by meets and bounds or structure is not located in a SFHA.

b.

Letter of map revision (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A letter of map revision based on fill (LOMR-F) is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

c.

Conditional letter of map revision (CLOMR). A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective FIRM or FIS.

(19)

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

(20)

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days, but does not include a recreational vehicle.

(21)

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(22)

New construction. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after March 15, 1978, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

(23)

Post-FIRM structures. A structure for which construction or substantial improvement occurred on or after March 15, 1978.

(24)

Pre-FIRM structures. A structure for which construction or substantial improvement occurred before March 15, 1978.

(25)

Recreational vehicle. A vehicle which is:

a.

Built on a single chassis;

b.

Four hundred square feet or less when measured at the largest horizontal projection;

c.

Designed to be self-propelled or permanently towable by a light duty truck; and

d.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

(26)

Repetitive loss structure. A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions during a ten-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the market value of the building at the time of each flood event.

(27)

Shallow flooding area. A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

(28)

Special flood hazard area (SFHA). The land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in section 4-30(a).

(29)

Start of construction. For other than new construction and substantial improvement, under the Coastal Barriers Resource Act (P.L. 97-348), means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 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.

(30)

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

(31)

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

(32)

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:

a.

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

b.

Any alteration of a historic structure, provided that notification from the Register of Historic Places or the state inventory of historic places determines that the alteration will not preclude the structure's continued designation as a historic structure.

c.

Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all requirements of this division that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the state inventory of historic places must be obtained from the Secretary of the Interior or the state historic preservation officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

(33)

Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 4-31 is presumed to be in violation until such time as that documentation is provided.

(34)

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

(a)

Designation of the floodplain administrator. The town manager, or his/her designee, is hereby appointed to administer and implement these regulations and is referred to herein as the floodplain administrator. The floodplain administrator may:

(1)

Do the work themselves. In the absence of a designated floodplain administrator, the duties are conducted by the planning and zoning director, or his/her designee.

(2)

Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

(3)

Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program (NFIP).

(b)

Duties and responsibilities of the floodplain administrator.

(1)

The duties and responsibilities of the floodplain administrator shall include, but are not limited to:

a.

Review applications for permits to determine whether proposed activities will be located in the special flood hazard area (SFHA);

b.

Interpret floodplain boundaries and provide available base flood elevation and flood hazard information;

c.

Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations;

d.

Review applications to determine whether all necessary permits have been obtained from the federal, state or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free-flowing non-tidal waters of the state.

e.

Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (Virginia Department of Environmental Quality, U.S. Army Corps of Engineers) and have submitted copies of such notifications to FEMA.

f.

Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.

g.

Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed.

h.

Review elevation certificates and require incomplete or deficient certificates to be corrected.

i.

Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the town, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations.

j.

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

1.

Flood insurance studies (FIS), flood insurance rate maps (FIRMs, including historic studies and maps and current effective studies and maps) and letters of map change; and

2.

Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

k.

Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.

l.

Advise the board of zoning appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.

m.

Administer the requirements related to proposed work on existing buildings:

1.

Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.

2.

Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.

n.

Undertake, as determined appropriate by the floodplain administrator due to the circumstances, other actions which may include, but are not limited to:

1.

Issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures;

2.

Coordinating with other federal, state, and local agencies to assist with substantial damage determinations;

3.

Providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and

4.

Assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under NFIP flood insurance policies.

o.

Notify the Federal Emergency Management Agency (FEMA) when the corporate boundaries of the town have been modified and:

1.

Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and

2.

If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

p.

Upon the request of FEMA, complete and submit 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.

q.

It is the duty of the floodplain administrator to take 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 the community, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying).

(c)

Use and interpretation of FIRMs. The floodplain administrator shall make interpretations, where needed, as to the exact location of SFHAs, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:

(1)

Where field surveyed topography indicates that adjacent ground elevations:

a.

Are below the base flood elevation, even in areas not delineated as a SFHA on a FIRM, the area shall be considered as SFHA and subject to the requirements of these regulations;

b.

Are above the base flood elevation, the area shall be regulated as SFHA unless the applicant obtains a letter of map change that removes the area from the SFHA.

(2)

In FEMA-identified special flood hazard areas SFHAs where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used.

(3)

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.

(4)

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.

(5)

If a preliminary FIRM and/or a preliminary FIS has been provided by FEMA:

a.

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.

b.

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

c.

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.

(a)

Jurisdictional boundary changes. The town floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the NFIP. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. 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, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v), all NFIP participating communities must notify the Federal Insurance Administration and optionally the state coordinating office in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.

In order that all FIRMs accurately represent the community's boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority must be included with the notification.

(b)

District boundary changes. The delineation of any of the floodplain overlay districts may be revised by town council where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from FEMA.

(c)

Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the floodplain administrator, or his or her designee. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his/her case to the board and to submit his/her own technical evidence if he/she so desires. Procedures for such appeals shall be as outlined in article X, division 3, section 10-11 of the zoning ordinance.

(d)

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

(e)

Letters of map revision. When development in the floodplain causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a conditional letter of map revision (CLOMR) or a letter of map revision (LOMR).

Examples:

(1)

Any development that causes a rise in the base flood elevations within the floodway.

(2)

Any development occurring in zones A1-30 and AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation.

(3)

Alteration or relocation of a stream (including, but not limited to, installing culverts and bridges).

(a)

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

The town 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 appendix and which shall be kept on file at the town offices.

(1)

The floodway overlay district is in an AE zone and is delineated, for purposes of this division, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one percent annual chance flood without increasing the water surface elevation of that flood more than one foot at any point.

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

a.

Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies—with the town's endorsement—for a conditional letter of map revision (CLOMR), and receives the approval of FEMA.

If subsection 4-30(a)(1)(a) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section 4-31.

b.

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

(2)

The flood-fringe overlay district shall be those areas of the 100-year floodplain not included in the floodway; identified as AE zone on the maps accompanying the FIS that are not included in the floodway area.

(3)

The AE or AH zone on the FIRM accompanying the FIS shall be those areas for which one-percent annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone:

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 AE or AH on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the town.

Development activities in zones AE or AH on the town FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies—with the town endorsement—for a Conditional letter of map revision (CLOMR), and receives the approval of FEMA.

(b)

Overlay concept. The floodplain districts described above shall be overlays to the existing underlying zoning districts as shown on the official zoning ordinance map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying zoning district provisions.

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

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

(a)

Permit and application requirements.

(1)

Permit requirement. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this division and with all other applicable codes and ordinances, as amended, such as the VA USBC and the town's subdivision 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.

(2)

Site plans and permit applications. All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information:

a.

The elevation of the base flood (100-year flood) at the site.

b.

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

c.

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

d.

Topographic information showing existing and proposed ground elevations.

(b)

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

(1)

New construction and substantial improvements shall be according to the VA USBC, 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. 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 ductwork, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(6)

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

(7)

New and replacement sanitary sewage facilities and private package sewage treatment plants (including all pumping stations and collector 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.

(9)

All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites. The town may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

(10)

Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights.

In addition to provisions (1)—(10) above, in all special flood hazard areas, the additional provisions shall apply:

(11)

Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and FEMA.

(12)

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

(c)

Elevation and construction standards. In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with section 4-30(a)(3), the following provisions shall apply:

(1)

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in zones AE and AH with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above two feet above the base flood level.

(2)

Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above one foot above the base flood level. Buildings located in AE and AH zones may be flood-proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the base flood elevation plus one foot 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 registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the floodplain administrator.

(3)

Space below the lowest floor. In zones AE and AH, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

a.

Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator).

b.

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

c.

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

1.

Provide a minimum of two openings on different sides of each enclosed area subject to flooding.

2.

The total net area of all openings must be at least one 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 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.

(4)

Standards for manufactured homes and recreational vehicles.

a.

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 subsection 4-31(b) and subsection 4-31(c).

b.

All recreational vehicles placed on sites must either:

1.

Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or

2.

Meet all the requirements for manufactured homes in subsection 4-31(b) and subsection 4-31(c).

(5)

Standards for subdivision proposals.

a.

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

b.

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

c.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

d.

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 flood insurance study FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.

(a)

Floodplain area.

(1)

The development and/or use of land shall be permitted in accordance with the regulations of the underlying zoning district, provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the VA USBC and all other applicable codes and ordinances.

a.

In the floodplain area, the applicant and/or developer shall evaluate the effects of the proposed development and/or use of land on the floodplain with current hydrologic and hydraulic engineering technologies. The applicant and/or developer shall submit studies, analysis, computations, etc. to show the delineation of a floodway based on the requirement that all existing and future development not increase the 100-year flood elevation more than one foot at any point. The engineering principle, equal reduction of conveyance, shall be used to make the determination of increased flood heights.

(b)

Floodway area.

(1)

The following uses, types, and activities are permitted, provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance and provided that no specific land use requires any type of structure, fill, or storage of materials and equipment:

a.

Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

b.

Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, horseback riding and hiking trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas.

c.

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

d.

Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, etc.

e.

Manufactured homes are permitted only in an existing manufactured home park, and must meet all the requirements for manufactured homes in subsection 4-31(b) and subsection 4-31(c).

(2)

The following uses and activities may be permitted by special use pursuant to article VIII, division 4 of the town zoning ordinance, provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by this or any other ordinance:

a.

Structures (except for manufactured homes) accessory to the uses and activities by right, above.

b.

Certain utilities and public utilities and improvements, such as pipelines, water and sewage treatment plants, and other similar or related uses.

c.

Water-related uses and activities, such as marinas, docks, wharves, piers, etc.

d.

Extraction of sand, gravel and other materials (where no increase in level of flooding or velocity is caused thereby).

e.

Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent floatation or movement, and/or can be readily removed from the area within the time available after flood warning.

f.

Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities, and structural development, shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable code and ordinances.

(c)

Procedures for special uses in floodways.

(1)

Any use listed as permitted with special use in a floodway shall be allowed only after application to the town council. All such applications shall be reviewed pursuant to the procedures outlined in article VIII, division 4 of the Vinton Zoning Ordinance. In addition to information required by article VIII, division 4, all applications shall include the following:

a.

Plans in triplicate drawn to scale of not less than one inch to 100 feet horizontally showing the location, dimension, and contours (at five-foot intervals) of the lot, existing and proposed structures, fill, storage areas, water supply, sanitary facilities, and relationship of the floodway to the proposal.

b.

A typical valley cross-section as necessary to adequately show the channel of the stream, elevation of land and areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development and 100-year flood elevation.

c.

A profile showing the slope of the bottom of the channel or flow line of the stream.

d.

A summary report, prepared by professional engineers or others of demonstrated qualifications, evaluating the proposed project in relation to flood heights and velocities; the seriousness of flood damage to the use; and other pertinent technical matters.

e.

A list of names and addresses of adjoining property owners.

(2)

In acting upon such applications, the planning commission and the town council shall consider all relevant factors specified in other sections of this article and:

a.

The danger to life and property due to increased flood heights or velocities caused by encroachments. No special use shall be granted for any proposed use, development, or activity within the floodway that will cause any increase in flood levels during the 100-year flood.

b.

The danger that materials may be swept on to other lands or downstream to the injury of others.

c.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

d.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

e.

The importance of the services provided by the proposed facility to the town.

f.

The requirements of the facility for a waterfront location.

g.

The availability of alternative locations not subject to flooding for the proposed use.

h.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

i.

The relationship of the proposed use to the comprehensive plan and floodplain management program for the town.

j.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

k.

Such other factors which are relevant to the purpose of this division.

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

(a)

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

(b)

Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain areas to an extent or amount of less than 50 percent of its market value shall conform to the VA USBC.

(c)

The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the VA USBC.

Applications for a variance of the requirements of floodplain overlay district shall be accepted and reviewed pursuant to the procedures outlined in article X, division 3 of the Vinton Zoning Ordinance.

Variances shall be issued only upon the following:

(a)

A showing of good and sufficient cause,

(b)

After the board of zoning appeals (BZA) has determined that failure to grant the variance would result in exceptional hardship to the applicant; and

(c)

After the BZA has determined that the granting of such variance will not result in:

(1)

Unacceptable or prohibited increases in flood heights;

(2)

Additional threats to public safety;

(3)

Extraordinary public expense; and will not:

a.

Create nuisances;

b.

Cause fraud or victimization of the public; or

c.

Conflict with local laws or ordinances.

While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the BZA 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.

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.

In passing upon applications for variances, the BZA shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors:

(a)

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 area that will cause any increase in the 100-year flood elevation;

(b)

The danger that materials may be swept on to other lands or downstream to the injury of others;

(c)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions;

(d)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;

(e)

The importance of the services provided by the proposed facility to the community;

(f)

The requirements of the facility for a waterfront location;

(g)

The availability of alternative locations not subject to flooding for the proposed use;

(h)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

(i)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;

(j)

The safety of access by ordinary and emergency vehicles to the property in time of flood;

(k)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site;

(l)

The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination and notification from the Register of Historic Places or the state inventory of historic places 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;

(m)

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

The BZA may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.

Variances shall be issued only after the BZA has determined that the granting of such will not result in:

(a)

Unacceptable or prohibited increases in flood heights;

(b)

Additional threats to public safety;

(c)

Extraordinary public expense; and will not

(d)

Create nuisances;

(e)

Cause fraud or victimization of the public; or

(f)

Conflict with local laws or ordinances.

Variances shall be issued only after the BZA has determined that the variance will be the minimum required to provide relief.

The BZA shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the 100-year flood elevation:

(a)

Increases the risks to life and property; and

(b)

Will result in increased premium rates for flood insurance.

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