Warren County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE III
General Regulations
§ 180-9 Uses generally.
A.
Determinations concerning unspecified uses.
(1)
Uses not specified in district regulations as permitted may be added to a district on application by a landowner if the Planning Commission and Board of Supervisors find that:
B.
Temporary dwellings. The erection and occupancy of a temporary dwelling during the construction of a permanent dwelling is not permitted.
C.
Houses displayed for advertising purposes.
(1)
Construction of a single-family dwelling in a residential development for advertising or display purposes and not intended to be sold or occupied as a dwelling shall not commence until a performance bond adequate to insure the removal of the structure has been posted and approved by the Board of Supervisors.
(2)
Construction and use of a single-family dwelling in a residential development for advertising or display purposes (model home), which will eventually be sold as a dwelling unit shall be allowed as long as construction is actively continuing in the development.
D.
Portable dwelling. No portable dwelling, occupied or vacant, shall be located on any lot except as specifically provided for in this chapter.
§ 180-10 Accessory uses.
A.
Residential occupancy of accessory buildings. Use of accessory buildings as dwellings or lodgings is expressly prohibited except as specifically provided for in this chapter.
B.
[1]Limitation on parking/storage of inoperative vehicles. No more than one (1) inoperative vehicle shall be parked or stored outdoors on any lot or combination of contiguous lots under one ownership. The parking and storage of inoperative vehicles shall be prohibited in the Special Flood Hazard Areas as defined in the Flood Insurance Rate Maps and Flood Insurance Study.
[Amended 5-21-2013; 8-18-2020]
C.
Limitations on parking of trucks and major mobile construction equipment in residential districts. No truck with a gross vehicle weight of more than 10,000 pounds shall be parked in any residential district except for purposes of making pickups or deliveries. The parking of major mobile construction equipment after completion of construction is also prohibited.
D.
Limitations on yard sales. An individual may conduct up to four yard sales a year at their home, provided that no yard sale can be conducted for longer than a three-day duration.
E.
Unless otherwise prohibited by this chapter, and subject to any relevant use limitations and development standards set forth in this chapter, public utility distribution facilities shall be permitted in all districts.
[Added 12-17-1996; amended 2-6-2024]
§ 180-11 Location of structures.
A.
General requirements concerning arrangement and location of structures. All buildings and other structures shall be so located and arranged on lots as to provide safe and convenient access for fire protection, servicing and off-street parking located on the premises.
B.
Erection of more than one principal structure on a lot. In all residential and agricultural districts only one principal structure, housing a use permitted by right, may be erected on a single lot. In commercial and industrial districts, more than one structure housing a use permitted by right may be erected on a single lot, provided that yard, acreage and other requirements of this chapter are met for each structure as though it were on an individual lot.
§ 180-12 Lots; yards.
A.
Lots.
[Amended 8-15-2006; 7-17-2007]
(1)
Lot frontage shall be determined as follows:
(a)
On interior lots the front shall be the portion nearest the street.
(b)
In the case of a through lot the Zoning Administrator shall designate the front, and may require that a front yard be provided at both ends of the lot.
(c)
On corner lots the front shall be the boundary fronting on the arterial street of the two intersecting streets or the street that provides the principal means of vehicular access to the site. In addition, the setback shall be 50 feet from any adjoining street. The remaining two sides shall be designated as side yards.
[Amended 3-15-2011]
(d)
In the case of a through-corner lot the owner may select the front, provided that the lot width requirements are met. The Zoning Administrator may require that more than one front yard be provided.
(2)
Lot width shall be determined by measurement at the front building setback line; street frontage shall be no less than 75% of the required lot width. On a cul-de-sac the width may be reduced by 25%.
(3)
Lot depth (length) shall be determined by averaging the length of the side property lines. In cases of irregular side property lines the calculation of averaging shall be approved by the Zoning Administrator.
B.
Yards.
(1)
Front yards. An open space on the same lot as a principal building between the front line of the principal building and the front lot or street line and extending across the full width of the lot. Where the front property line is within a road easement or right-of-way such front yard shall be measured from the easement or right-of-way to the front building line.
(2)
Rear yards shall be provided between the rear property line and the rear building line across the full width of the lot, except where two front yards are required.
(3)
Side yards shall be those areas not designated as front or rear yards, from the front building line to the rear building line or to the second front building line on through lots.
(4)
Uses and structures permitted in yards. The following uses and structures shall be permitted in the front, side and rear yards subject to the visibility requirements of § 180-12B(5):
[Amended 7-18-1995]
(a)
Fences, walls, hedges, vegetative plantings and permitted signs.
(b)
Accessory structures in rear and side yards only, except:
[Amended 11-20-2001; 3-15-2011]
[1]
On agriculturally zoned lots equal to or greater than two acres, where one accessory building may be placed in the front yard, provided that it is set back a minimum of 50 feet from the right-of-way.
[Amended 8-16-2011]
[2]
On agriculturally zoned lots equal to or greater than 10 acres, where no more than two accessory buildings may be placed in the front yard, provided that they are set back a minimum of 50 feet from the right-of-way.
[3]
On agriculturally zoned lots equal to or greater than 20 acres, where no more than three accessory buildings may be placed in the front yard, provided that they are set back a minimum of 50 feet from the right-of-way.
[4]
On any lot of two acres or more where there is a change in elevation of more than 40 feet from the edge of the right-of-way adjoining the front yard to 150 back, where one accessory building may be placed in the front yard, provided that it is set back a minimum of 50 feet from the right-of-way.
(5)
Visibility at intersections. For traffic safety, no impediment to visibility over 36 inches in height shall be allowed on any corner lot within a visibility triangle, the apex of which is at the intersecting right-of-way lines (extending in the case of rounded corners); the sides of which are 20 feet in length along the right-of-way lines; and the base of which runs through the lot.
(6)
Projections into required yards. Certain architectural features may project into required yards as follows:
[Added 1-16-1996]
(a)
Cornices, eaves, bay windows, balconies or other architectural features which do not touch the ground and do not have supporting members which touch the ground within a required yard, may project not more than four feet into any required yard.
(b)
Ramps and landings necessary for use by the handicapped may project into required yards a distance not exceeding 12 feet. All other stoops, platforms, staircases or similar structures leading to the entrance of a dwelling or other building may project into required yards a distance not exceeding four feet, not to exceed 32 square feet in size, provided that they have no roof and are otherwise uncovered.
(c)
Chimneys may project into required yards.
(d)
In no case shall any projection be nearer to any lot line than 10 feet.
(e)
All accessory structures located within four feet of the principle building shall be considered to be part of the principal building.
§ 180-13 Height.
[Amended 8-17-1993; 5-16-1995; 5-30-1995; 8-20-1996; 8-19-1997]
The height of a building structure shall be measured from the average elevation of the ground surface along the front of the building to the highest point of the roof if a flat roof, to the deckline of a mansard roof or to the average distance between the eaves and the ridge of a gable or gambrel roof.
A.
Buildings in the Industrial Zone shall not exceed 50 feet in height, provided that a building may be erected to a maximum height of 100 feet if it is set back from every lot line, in addition to the required distances, a distance of five feet for each one foot of height that it exceeds the fifty-foot limit.
B.
Buildings in all zones other than the Industrial Zone shall not exceed 40 feet in height.
C.
Roof-mounted or roof-related noncombustible structures, such as antennas, chimneys, cooling devices and related apparatus, shall have a height of no more than 60 feet in the Industrial Zone, provided that they may be erected to a maximum of no more than 110 feet if they are set back from every lot line, in addition to the required distances, a distance of five feet for each one foot of height that it exceeds the sixty-foot limit, and no higher than 50 feet in all other zones.
D.
Noncombustible structures in the agricultural, commercial, industrial and residential zones, such as silos, windmills, water towers, flagpoles, spires, cupolas and related structures, are exempt from these height restrictions.
E.
Ground-mounted structures, such as broadcast towers, receiving towers, communication relay towers and similar structures must have Board of Supervisors' approval through the conditional use permit process. Proposals for such structures shall demonstrate the following:
(1)
The Planning Commission and/or the Board of Supervisors may require the review of the application by a third-party consultant approved by the Planning Commission or Board of Supervisors at the expense of the applicant.
(2)
All possible means for sharing space on existing towers or on existing buildings or other structures have been exhausted and no alternative other than constructing a new tower exists.
(3)
The applicant has executed a letter of intent to allow other parties to share space on their tower and negotiate in good faith with other interested parties.
(4)
The height of any tower is no more than the minimum to accomplish required coverage, and any new tower is separated from any property line or right-of-way by not less than the height of the tower.
(5)
The tower construction is of a design which minimizes the visual impact and the tower and other facilities have been camouflaged and/or screened from adjacent properties and rights-of-way to the maximum extent practicable. To this end, the proposal must provide for retention of existing stands of trees and the installation of screening where existing trees do not mitigate the visual impact of the facility. Such screening must, at a minimum, meet the requirements of § 180-18 of this chapter. The Planning Commission may recommend and the Board of Supervisors may require additional trees and screening when the minimum provisions do not mitigate adverse visual impacts of the facility.
(6)
The electromagnetic fields do not exceed the radio frequency emission standards established by the American National Standards Institute (ANSI).
(7)
The tower shall be inspected annually and certified as safe by a private firm acceptable by the County and contracted for by the applicant. A copy of the inspection report with a certification that the tower is structurally safe and all microwave equipment is in proper working condition be provided to the County.
(8)
The tower shall be demolished and removed within 90 days after abandonment. In order to ensure the demolition and removal of the tower, the applicant shall post a letter of credit or a bond with adequate surety acceptable to the County in an amount reasonably determined by the County, sufficient to pay for the costs of demolition and removal.
F.
Antenna placement on existing towers.
[Amended 7-15-2014]
(1)
The Zoning Administrator may administratively approve, through a zoning permit, a change to an approved tower in conjunction with site plan approval to allow a request for co-location, removal or replacement of transmission equipment that meets all of the following standards. In addition, the Zoning Administrator may also administratively approve, through a zoning permit, approval of the placement of three antenna arrays on an existing structure, such as a building, utility pole, water tank or other freestanding nonresidential structure that meets all of the following standards:
(a)
The co-location, removal, or replacement does not have the effect of diminishing the concealed character of the tower originally approved as a concealed tower.
(b)
The mounting of the proposed antenna does not increase the height of the tower by more than 10% of the height of the original tower or by the height needed to provide 20 feet of separation from the closest antenna array location on the original tower, whichever is greater, except that the mounting of the proposed antenna may exceed these limits if necessary to avoid interference with antennas existing on the original tower. The aggregate height of the tower and antenna shall not exceed 199 feet.
(c)
The mounting of the proposed antenna would not involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter. New equipment shelters and cabinets shall be located within the existing compound if technically feasible and, if they require expansion of the equipment compound, shall meet all setback requirements and be fully screened from view.
(d)
The mounting of the proposed antenna would not involve adding an appurtenance to the tower that would protrude from the edge of the original tower more than 20 feet or more than the width of the tower at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable
(e)
The mounting of the proposed antenna would not involve excavation outside of the original tower site, defined as the boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site as shown on the originally approved site plan for the tower.
(f)
The mounting of the proposed antenna would not require lighting be provided on a previously unlit tower.
(2)
The electromagnetic fields for all antennas shall not exceed the radio frequency emission standards established by the American National Standards Institute (ANSI). Notwithstanding the above, the placement of more than three antennas on such structures shall require a conditional use permit.
§ 180-14 Sign regulations.
A.
Purpose and intent. The purpose of this section is to regulate the size, location, height, construction and maintenance of all exterior signs so as to protect the health, safety, convenience and general welfare of the public and to enhance the attractiveness of the community.
B.
Applicability. These sign regulations shall apply to all signs erected within Warren County prior to and following the effective date of this chapter.
C.
Administration.
(1)
Sign permit required. Except as provided herein, no sign shall be erected, installed, altered, relocated, replaced or reconstructed until a sign permit has been issued by the Zoning Administrator.
(2)
Notification of installation. The permit holder shall notify the Zoning Administrator within 10 days of the installation of an approved sign. Any discrepancies between the approved sign and the sign as constructed may result in the halt of construction or the removal of the sign if so ordered by the Zoning Administrator.
(3)
Revocations. The Zoning Administrator may revoke a permit if it is found that there has been concealment or misrepresentation of facts in either the application or plans.
D. ANIMATED SIGN AWNING/CANOPY SIGN BANNER BILLBOARD/OFF-PREMISE SIGN CHANGEABLE COPY SIGN CONSTRUCTION SIGN DIRECTIONAL SIGN, PRIVATE DIRECTORY SIGN FLASHING SIGN GROUND-MOUNTED SIGN/FREESTANDING SIGN IDENTIFICATION SIGN ILLUMINATED SIGN INSTITUTIONAL BULLETIN BOARD SIGN MARQUEE SIGN MONUMENT SIGN PORTABLE SIGN PROJECTING SIGN ROOF SIGN SIGN SIMULATED TRAFFIC SIGN TEMPORARY SIGN WALL SIGN WINDOW SIGN
Special definitions. For the purpose of these sign regulations, the following terms shall have the meanings established below:
A sign or part of a sign that moves or appears to move.
A sign placed directly on the vertical surface of an awning or a canopy.
A sign applied to cloth, paper or fabric or a pennant of any kind. Governmental or religious flags shall not be considered banners.
A sign which directs attention to a business, commodity, service or establishment conducted, sold or offered at a location other than on the premises where the sign is erected.
A sign or part of a sign that is designed so that characters, letters or illustrations can be changed or rearranged.
A temporary on-premises sign at a construction site.
An on-premises sign such as "entrance," "exit," "parking," "one-way" or similar directional instructions designed to guide vehicular and/or pedestrian traffic. A directional sign shall include no advertising. The Zoning Administrator may approve directional signs of a size, shape and number that are necessary for and consistent with the efficient flow of pedestrian and vehicular traffic. Ground-mounted directional signs shall not exceed four feet in height.
[Amended 8-17-1999]
A sign on which the names and locations of occupants of a building or group of buildings is given.
A sign that includes lights which flash, blink, pulsate or turn on and off intermittently.
A sign which is supported directly from or affixed to a structure built on the ground and independent of any support from a building.
A sign which displays only the name, address, crest, insignia, trademark, occupation or profession of an occupant, the name of any property or the name of any building on the premises.
A sign which is lit in any manner by an artificial light.
A sign displaying the name of a religious institution, school, library, community center or similar institutional or community service use, and the announcement of its services or activities.
A sign attached to and made part of a marquee.
A sign which is 100% affixed to a masonry, granite, limestone or marble structure built on grade in which the sign and the structure are an integral part of one another.
[Amended 9-15-2009]
Any sign that is not permanently affixed to a building, structure or the ground, including signs displayed on a stationary vehicle.
Any sign which is mounted perpendicular to a building and is supported only by the wall on which it is mounted.
A sign painted, erected or constructed in whole or in part upon any portion of a roof of any building.
Any display of letters, words, symbols, numerals, figures, devices, emblems, pictures or any parts or combinations thereof visible for the purpose of making anything known; whether such display be made on, attached to or as a part of a structure, surface or any other thing, including but not limited to the ground, rocks, trees or other natural objects, which display is visible beyond the boundaries of the parcel of land on which the same is located. For the purposes of this chapter, the term "sign" shall include all portions of the sign structure.
Any sign as determined by the Zoning Administrator and/or Virginia Department of Transportation, which may be confused with an authorized traffic sign or signal.
A sign intended to be displayed for a specified period of time.
A sign which is 100% attached to, supported to, or painted on a wall or any flat vertical surface of a structure.
[Amended 9-15-2009]
A sign attached to, applied directly onto the surface or set back from the interior surface of any window.
E.
Prohibited signs. Unless specifically authorized, the following signs are prohibited:
(1)
Animated signs. This prohibition shall not apply to the hands of a clock, a weathervane or flags meeting the requirements of § 180-14F(4).
[Amended 3-21-2006]
(2)
Banners (pennants): one. Banners shall be used for special event announcement only and shall be up for no more than 30 days in any six-month period.
[Amended 3-21-2006]
(3)
Billboards constructed after enactment of this chapter.
(4)
Flashing signs, except for time, temperature and community message signs.
(5)
Glaring signs. Any sign, as determined by the Zoning Administrator and/or Virginia Department of Transportation, with light sources of such brightness as to constitute a hazard or nuisance.
(6)
Portable signs.
(7)
Roof signs.
(8)
Signs affixed to or printed on a tree, other natural vegetation or rocks. This prohibition shall not apply to security and warning signs as covered in § 180-14F(11).
(9)
Signs erected in or over a public right-of-way or on public land except for those signs specifically authorized by the Board or Zoning Administrator.
(10)
Signs that obstruct visibility at intersections or block traffic signs or any window, door, fire escape, stairway or any opening intended for light, air or access to any building.
(11)
Simulated traffic signs.
(12)
Strings of lights. Lights outlining property lines, sales areas or any portion of a structure. This prohibition shall not apply to decorations for recognized, annual holidays.
F.
Exempt signs. Sign permits shall not be required for the following signs:
(1)
Changing the message content of an approved sign.
(2)
Flags, emblems and insignia of any governmental agency, religious, charitable or public organization, provided that no single zoning lot shall display more than three such flags. Maximum area per flag: 40 square feet.
(3)
Handicapped parking space sign.
(4)
Historical markers and commemorative plaques erected by a governmental body or a registered historical agency.
(5)
Home occupation sign. Only one sign, nonilluminated, displaying the nature of the home occupation, name and/or address of the occupant of the premises shall be permitted on a lot. Maximum sign area: two square feet.
(6)
Identification sign. Maximum sign area: two square feet.
(7)
Model home identification sign. One sign may be maintained at each model home. Maximum sign area: eight square feet. Maximum height: four feet.
(8)
Public signs installed or erected by authorized regulatory agencies.
(9)
Private drive signs. One per drive entrance, with the message content limited to the words "Private Drive" and the address of residences utilizing the private roadway. Maximum sign area: two square feet.
(10)
Seasonal or temporary displays of a patriotic, religious or civic character on private property with no advertising message. Maximum display time: 30 days.
(11)
Security and warning signs. Signs posted on private property warning the public against trespassing, hunting or similar messages. Maximum sign area: two square feet.
(12)
No more than two special sales events signs announcing promotions, grand openings, new management, going-out-of-business sales and similar events. Such signs may be attached to an existing principal structure or sign pole and may be displayed on a given property for 30 days per twelve-month period. Maximum sign area: 16 square feet.
[Amended 9-15-2009]
(13)
Temporary and seasonal produce stand signs. The display of such signs shall be limited to the season or period when the temporary stand is in operation and to the property on which the stand is located. Maximum sign area: eight square feet. Maximum number of signs: three.
(14)
Temporary political campaign signs on private property. Maximum sign area: four square feet. Maximum height: four feet.
[Amended 10-19-2004]
(15)
Temporary real estate signs. The posting of such signs shall be limited to the premises to be sold and shall be limited to one per property except for corner lots, which may have two such signs. Temporary real estate signs shall be removed within seven days of the settlement or lease of the property. Maximum sign area in residential districts: six square feet. Maximum height: four feet. Maximum sign area in all other districts: 32 square feet. Maximum height: 12 feet.
[Amended 8-17-1993; 9-15-2009]
(16)
Temporary signs announcing a civic, educational or religious event. Such signs shall be erected no sooner than 14 days prior to the event and shall be removed within five days after the event by the responsible organization. Maximum sign area: eight square feet. Maximum sign height: eight feet.
(17)
Vehicle safety inspection signs. Such signs, one per authorized inspection station, may be either a wall sign or attached to an existing authorized ground-mounted sign not exceeding the height of the ground-mounted sign. Maximum sign area: eight square feet.
(18)
Yard sale signs. Such signs shall be limited to three per yard. Posting shall be limited to the day of the sale and the property involved with the sale. Maximum sign area: four square feet.
(19)
Off-premises signs for commercial recreational uses. Only one sign per commercial recreational use, non-illuminated, with the message content limited to the name and direction to the facility at a location other than on the premises where the sign is erected. No more than one such sign shall be permitted per lot. Maximum sign area: two square feet.
[Added 7-21-1998]
(20)
Directional signs.
[Added 8-17-1999]
(21)
Temporary construction signs.
[Added 8-17-1999]
G.
General sign standards.
(1)
Determination of sign height. The height of a sign shall be measured from the average elevation of the ground below the sign to the top point of the sign. Where the location of sign is lower than the street to which it is oriented, the height may be increased by the difference in elevation.
(2)
Determination of sign area. The area of a sign shall be determined by measuring the surface area of any regular geometric figure (square, circle, rectangle, triangle, etc.) enclosing all parts of the sign face. The supports of the structure shall not be included in determining the sign area unless these supports are designed to form an integral background of the display. All faces of a sign shall be included in the area of determination except for a sign with two identical faces and an interior angle of less than 45°, in which case only one face shall be included.
(3)
Number of sign faces. No sign shall have more than three sign faces.
I.
Construction and maintenance standards.
(1)
Building Code compliance. All permanent signs shall be constructed in compliance with the Virginia Uniform Statewide Building Code and the regulations as set forth by the Virginia Department of Transportation.
(2)
Condition of signs. All signs and structural components shall be maintained in full repair and in an attractive condition.
(3)
Repair or removal of nuisance signs. Any sign declared by the County Building Official to be a hazard to life or property may be ordered to be repaired or removed. All costs for repair or removal will be charged to the owner of the premises.
(4)
Removal of obsolete signs. Signs will be removed within 30 days of discovery of being discontinued or obsolete. All costs of removal will be charged to the owner of the premises.
J.
Nonconforming signs.
[Amended 2-19-2013]
(1)
General. Any sign lawfully in existence at the effective date of this chapter, which does not conform to the provisions of this chapter, shall be deemed nonconforming and, as such, shall be permitted to remain but shall not be replaced, enlarged, extended, altered or repaired except as stated in § 180-14J(2)(a) and (3)(a). However, the advertisement or message content of a nonconforming sign may be changed on the existing sign.
(2)
Removal of nonconforming on-premises sign. Nonconforming on-premises signs may remain, provided that they are kept in full repair, except for the following:
(a)
Damage or destruction of nonconforming on-premises sign. A nonconforming on-premises sign which has been destroyed or damaged beyond 50% of its appraised value due to the fault or neglect of its owner, agent or employee shall not be altered, replaced or reinstalled unless it is brought into conformance with these sign regulations. If the damage or destruction is 50% or less of the appraised value, the area damaged or destroyed may be restored within 90 days of the destruction, but the sign shall not be enlarged in any matter.
(b)
Damage or destruction of principal use. A nonconforming on-premises sign shall be removed if the use and/or structure to which it is an accessory is destroyed or demolished beyond 50% of the appraised value of the principal structure or if the structure and/or use to which the sign is an accessory is discontinued for more than two years.
(c)
Change of use. Whenever a change of use or a rezoning occurs upon the premises containing a nonconforming on-premises sign, such signs shall be brought into full compliance with this chapter.
(3)
Removal of nonconforming billboard/off-premises sign. Nonconforming off-premises signs/billboards shall be maintained in a good state of repair and shall be subject to removal if not maintained.
(a)
Repairs to nonconforming billboard/off-premises sign. All repairs to nonconforming billboards/off-premises signs shall be submitted by the owner in accordance with § 33.1-370.2 of the Code of Virginia, as amended.
(b)
Nonconforming billboards/off-premises signs which are either destroyed or damaged, to the extent of 50% or more of the current replacement cost of the structure, shall not be rebuilt or repaired unless the sign is brought into conformance with these sign regulations.
(4)
Relocation of nonconforming billboard sign.
[Added 5-20-2014]
(a)
A nonconforming billboard sign may be relocated if the sign is located on land acquired by purchase or by use of the power of eminent domain due to the widening, construction or reconstruction of any highway as defined in § 33.1-351 of the Code of Virginia, as amended.
(b)
The owner of such nonconforming billboard sign may relocate the sign to another location as close as practicable on the same property, adjusting the height and angle of the sign to restore the same or comparable visibility. However, the owner of the sign cannot increase the size of the sign face, and the relocated sign shall continue to be nonconforming. In addition, the provisions of § 33.1-370.2 of the Code of Virginia shall still apply to the relocated sign.
K.
Signs permitted by zoning district; permitted signs, generally. These regulations specify the types and sizes of signs which are permitted within the various zoning districts of Warren County.
(1)
Agricultural and all residential districts.
(b)
Signs for permitted principal uses.
[1]
Single-family and two-family dwellings: signs exempt from permit requirements in § 180-14F and temporary construction signs.
[2]
Residential developments. Permanent, ground-mounted, subdivision or development identification signs indicating only the name and/or address of the premises. Maximum sign area: eight square feet. Maximum height: four feet.
[3]
General farming activities: two ground-mounted signs per property indicating name, address and/or farming activities of the property. Maximum sign area: 16 square feet. Maximum height: eight feet.
[4]
Public use site: one ground-mounted sign. Maximum sign area: 16 square feet. Maximum height: six feet.
[Added 9-15-2009]
(3)
Signs for conditionally permitted uses.
(4)
(5)
Signs for individual commercial or industrial activity on a single lot. A single business located on a commercially or industrially zoned lot may erect signs as follows:
[Amended 4-16-1996; 3-21-2006; 8-15-2006]
(b)
Types of signs permitted: wall, projecting, awning, canopy, marquee or monument.
(c)
Maximum size of signs:
[1]
Wall sign.
[a]
Sign/Frontage ratio: one square foot per linear foot of building frontage.
[b]
Maximum sign area: 64 square feet.
[c]
For buildings with more than 100 feet of building frontage, an additional one square foot of sign area for each five feet over 100 feet of building frontage, not to exceed 150 square feet.
[2]
Monument sign.
[3]
Awning, canopy or marquee sign. Maximum sign length shall not exceed the length of the vertical surface of the awning, canopy or marquee.
[4]
Projecting sign. Maximum sign area: eight square feet.
(6)
Signs for multiple businesses on a single zoning lot. Multiple businesses located on a single zoning lot may erect signs as follows:
[Amended 3-21-2006; 8-15-2006]
(a)
Maximum number of signs per business: three.
(b)
Types of signs permitted: wall, monument, projecting, awning, canopy, marquee or monument. Mixtures of monument signs and projecting signs are prohibited.
(c)
Maximum size of signs: the same as for individual businesses. See § 180-14K(5).
(e)
Wall sign: two per establishment, one per wall, which shall be similar in color and lettering to other signs on the same lot. The size shall be limited to one square foot of the building frontage for the establishment. Maximum sign area: 200 square feet. For buildings with more than 100 feet of building frontage, an additional one square foot of sign area for each five feet over 100 feet of building frontage, not to exceed 150 square feet. The sign shall not occupy more than 90% of the building frontage.
[Amended 9-15-2009]
(7)
Signs for commercial and industrial centers (parks). A planned, integrated development of five or more establishments located on a minimum of two acres shall be authorized to erect signs based on the following:
[Amended 4-16-1996; 3-21-2006; 8-15-2006]
(a)
Signs for individual establishments within a center: the same as for individual or multiple businesses, provided that no monument sign shall be permitted for individual businesses located within or on the same lot with a shopping center. One monument building identification sign may be erected for each detached principal building within a commercial or industrial center. Such sign shall identify only the name of the building and/or enterprise located therein, the address, trademark, symbol or any combination thereof.
(b)
Shopping center identification sign: one monument sign. Only the name and address of the center and the names of establishments located therein shall be displayed.
[1]
Maximum sign area: 64 square feet.
[2]
Maximum height: 20 feet.
[3]
For shopping centers located on sites of greater than 20 acres, two additional square feet of sign area for each acre over 20 acres, not to exceed 150 square feet.
[4]
A shopping center with frontage and access to two or more roads in the state highway system may have one freestanding sign for each road, with a maximum of two such signs.
[5]
No freestanding signs other than those noted above shall be permitted for individual businesses located within the same shopping center.
(d)
Directional signs: on-premises sign, such as "entrance," "exit," "parking,” "one-way," and similar directional instructions designed to guide vehicular and/or pedestrian traffic. Directional signs shall include no advertising and may include the business name and/or logo only. The Zoning Administrator may approve directional signs of a size, shape and number that are necessary for and consistent with the efficient flow of pedestrian and vehicular traffic.
[Amended 9-15-2009]
(e)
Awning or canopy sign. One awning or canopy sign shall be permitted for each business. The sign must be located completely under the awning or canopy and be perpendicular to the building. Maximum sign area: four square feet.
(8)
Signs for fuel stations. Motor vehicle service and/or filing stations shall comply with and be limited by all applicable sign regulations within this section, including the provisions and limitations as set forth in the following paragraphs:
[Amended 4-19-1994; 2-16-1999]
(a)
Motor vehicle service and filling stations may have one ground-mounted sign. Maximum sign area: 64 square feet. Maximum height of the ground-mounted: 12 feet.
(b)
Freestanding fuel price signs are not permitted.
(c)
If a canopy is constructed of such a size as to protect vehicles, patrons and pumps against the weather, then the fuel brand name or brand symbol may be displayed on two vertical surfaces of the canopy (fascia), provided that the fascias selected are an integral part of the canopy, provided that the letters or symbol do not exceed the vertical dimensions of the fascias and provided that no promotional and/or special sale advertisement are included. Maximum height of letters or symbols: two feet. Maximum length of combined letters or symbols: 12 feet. The fascia and sign may be illuminated, provided that no flashing lights are involved.
(d)
Pump island signs showing the brand of fuel and the type of fuel being offered are permitted, provided that the signs do not extend beyond the cluster of pumps being covered, provided that the signs offer no hazard to the safety of the motorist or attendant using the pump or pumps covered and provided that no promotional and/or special sale advertisements are included. These signs may be illuminated, provided that no flashing lights are involved. Maximum height of pump island signs: two feet.
(e)
If a building is constructed that is an integral part of the service station operation, such as a pay booth, pay booth and snack bar, food court, pay booth and general store and very similar combinations, then one wall sign shall be permitted on that vertical wall of the ancillary building closest to and best seen from the fuel dispensing area. Maximum height of the sign: two feet. Maximum length of the sign: 10 feet. The sign may be illuminated, provided that no flashing lights are employed.
(9)
Signs for theaters. Theaters are allowed one sign per street frontage in compliance with § 180-14K(5), (6) and (7).
(10)
Signs for other uses within commercial and industrial districts. In cases where the regulations within this Article do not specifically address a sign for a permissible use within a commercial or industrial district, the Zoning Administrator shall make a written interpretation of the chapter, which shall be kept on file and used as a guide for future determinations.
§ 180-15 Off-street parking.
Within all districts, off-street parking shall be provided in accordance with the Table of Off-Street Parking Spaces Required (§ 180-15G). A standard off-street parking space shall measure at least nine feet in width by 18 feet in length except as provided for below. Parking spaces shall be properly related to a street for access purposes and shall be equipped with sufficient maneuvering space to preclude maneuvering of vehicles on any street or sidewalk. Spaces shall be arranged so that any vehicle may be removed without moving another. An area designated for required off-street parking shall not be discontinued or diminished until equal facilities are provided elsewhere in conformity with the regulations of this chapter.
A.
Reduction of size of parking spaces. Where more than 20 spaces are required by this chapter, a maximum of 20% of the required spaces may be reduced to a minimum width of eight feet and a minimum length of 16 feet, provided that such spaces are clearly marked for compact cars only.
B.
Paving of parking areas. Where four or more parking spaces are required, the entire parking area shall have a hard surface. Hard surfacing shall not be required for agricultural pursuits as defined in § 180-8.
[Amended 8-18-2009]
C.
Lighting of parking areas. Where 20 or more parking spaces are required, the area shall be illuminated to an appropriate and reasonable level. Light sources shall be shielded and directed in such a manner as to protect the privacy of adjoining properties.
D.
Buffering requirements. Where four or more parking spaces are required and if located closer than 50 feet to a lot line in any residential district, buffer screening shall be provided by the owner of the parking space property. Screening details, including provisions of continuous maintenance, shall be a part of the zoning permit application.
E.
Limitation on use of off-street parking areas. Off-street parking areas shall be used exclusively for parking. Storage, sale, repair, display, dismantling, servicing or similar activities are prohibited.
F.
Location of off-street parking. Required off-street parking facilities shall be provided on the same lot with the principal use or structure. Adjacent property may be used to satisfy the off-street parking requirements of this chapter where an applicant can demonstrate that adequate conditions and contractual safeguards exist to assure the future availability on such property.
G.
The Table of Off-Street Parking Spaces Required is as follows:
[Amended 4-18-2006; 10-16-2007]
Table of Off-Street Parking Spaces Required | ||
|---|---|---|
Use | Spaces Required | |
Boarding- or rooming house | 1.0 per bed | |
Bowling alley | 4.0 per alley plus 1.0 per employee | |
Church | 1.0 per 4 fixed seats | |
Circuses, carnivals | As determined by Zoning Administrator | |
Community center | 1.0 per 3-person occupancy plus 1.0 per employee | |
Day-care, nursery | 1.0 per 10 children plus 1.0 per employee | |
Dwelling units | 2.0 per unit | |
Fairgrounds | 1.0 per 3-person occupancy plus 1.0 per employee | |
Funeral parlor | 1.0 per 4 fixed seats or 1.0 per 75 square feet whichever is greater | |
Greenhouse, commercial | 1.0 per 100 square feet of retail sales area plus 1.0 per employee | |
Home occupation | 3.0 per 1,000 square feet of gross floor area | |
Hotel, motel and extended-stay hotel | 1.0 per unit or room plus restaurant spaces | |
Manufacturing establishment | 2.0 per worker on main shift | |
Mobile homes | 2.0 per unit | |
Museum | 1.0 per 3-person occupancy plus 1.0 per employee | |
Office building | 5.0 per 1,000 square feet net floor area | |
Personal service establishment | 1.0 per 200 square feet gross floor area plus 1.0 per employee | |
Private club, lodge | 1.0 per 4 fixed seats | |
Private schools | 1.0 per 5 pupils plus 1.0 per employee | |
Recreation, commercial | 1.0 per 3-person occupancy plus 1.0 per employee | |
Rest or convalescent home | 1.0 per 4 beds | |
Restaurant | 13.0 per 1,000 square feet of gross floor area | |
Retail stores | 5.0 per 1,000 square feet of gross floor area | |
Tavern | 15.0 per 1,000 square feet of gross floor area | |
Vacation camp | 1.5 per staff member | |
Veterinary service | 1.0 per 200 square feet of gross floor area | |
Wayside stands | 1.0 per 100 square feet of sales per display area | |
Zoo | 1.0 per 3-person occupancy plus 1.0 per employee | |
Other uses | As determined by Zoning Administrator | |
§ 180-16 Floodplain Overlay District; dam break inundation zones.
[Amended 2-21-1995; 2-17-1998; 5-20-2008; 3-15-2022; 7-26-2022]
A.
Statutory authorization and purpose and intent.
(1)
Statutory authority: In accordance with the general purpose and intent, this section is specifically adopted pursuant to the authority granted to localities by Virginia Code §§ 15.2-2280 and 10.1-600 et seq. and all amendments thereto.
(2)
Purpose and intent. These flood ordinances shall be designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flood. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruptions of commerce and all governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by:
(a)
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;
(b)
Restricting or prohibiting certain uses, activities and development from locating within districts subject to flooding or located within dam break inundation zones;
[Amended 5-21-2013]
(c)
Requiring all those uses, activities and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage;
(d)
Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood or dam break hazards;
[Amended 5-21-2013]
(e)
The Planning Department shall maintain copies of all mapped dam break inundation zones;
[Amended 5-21-2013]
(f)
Addressing a local need of property owners for flood insurance and to participate in the National Flood Insurance Program (NFIP).
B.
Applicability: These provisions shall apply to all privately or publicly owned lands within the unincorporated limits of Warren County and identified as being in the special flood hazard area (SFHA) by the Federal Insurance Administration or by the community. These lands are also identified in the most recent Flood Insurance Study (FIS) and the Flood Insurance Rate Maps (FIRM) adopted by the Warren County Board of Supervisors on June 3, 2008, and all subsequent revisions.
[Amended 5-21-2013]
C.
Compliance and disclaimer of 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 section and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this section.
(2)
The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection within the Special Flood Hazard Areas and adjacent areas.
(3)
Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that districts outside the floodplain district or that land uses permitted within such district will be free from flooding or flood damages.
[Amended 5-21-2013]
(4)
Records of actions associated with administering this section shall be kept on file and maintained by the Planning Department in perpetuity.
[Added 5-21-2013]
(5)
This section is not a waiver of sovereign immunity or any statutory immunities and shall not create liability on the part of Warren County or any officer, agency or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
D.
Abrogation and greater restrictions.
(1)
This chapter supersedes any less restrictive, conflicting ordinance currently in effect in flood-prone areas. To the extent that any other existing law or regulation is more restrictive or does not conflict it shall remain in full force and effect.
(2)
These regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.
(3)
This chapter shall also include any subsequent revisions and amendments to the Flood Insurance Rate Maps and the Flood Insurance Study effective June 3, 2008.
E.
Severability.
(1)
If any section, subsection, paragraph, sentence, clause, or phrase of this section shall be declared invalid for any reason, such decision shall not affect the remaining portions of this section. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this section are hereby declared to be severable.
F.
Designation of County Floodplain Administrator. The Floodplain Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the County Floodplain Administrator. The County Floodplain Administrator may:
(1)
In the absence of a designated Floodplain Administrator, the duties are conducted by the Planning Director, Zoning Administrator or Zoning Officer.
(2)
The duties and responsibilities of the County Floodplain Administrator shall include:
(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)
Administer the requirements related to proposed work on existing buildings: Make determinations as to whether buildings and structures that are located in the flood hazard areas and that are damaged by any cause have been substantially damaged.
(e)
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.
(f)
Assure that all other state and federal permits are obtained.
(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 noncompliance has occurred or violations have been committed.
(h)
Review elevation certificates and require incomplete or deficient certificates to be corrected.
(i)
Maintain and permanently keep records that are necessary for the administration of these regulations, including:
[1]
Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps), and letters of map change; and
[2]
Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, inspection records, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.
(j)
Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop-work orders, and require permit holders to take corrective action.
(k)
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.
(l)
Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEQ, USACE), and have submitted copies of such notifications to FEMA.
(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; prohibit the noncompliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.
(n)
Undertake, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which may include, but are not limited to: issuing press releases, public service announcements and other public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and 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 when the corporate boundaries of Warren County 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.
G.
Penalties.
(1)
Enforcement. This section shall be administered and enforced by an officer to be known as the "Floodplain Administrator." The Floodplain Administrator may be assisted in the enforcement of this section by the Planning Director, Zoning Administrator, Building Official and all other officials of Warren County, Virginia, pursuant to their respective fields. The Floodplain Administrator shall have all necessary authority on behalf of the governing body to administer and enforce this section, including the ordering in writing of the remedying of any condition found in violation of this section and the bringing of legal action to ensure compliance with this section, including abatement or other appropriate action or proceeding.
(2)
Violations. Any person who violates any of the provisions of this section or permits any such violation or fails to comply with any of the requirements hereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine or punishment as provided by law. Each day during which such violation continues shall constitute a separate offense. The imposition of a fine or penalty for any violation or failure to comply with any of the requirements hereof shall not excuse the violation or noncompliance.
H.
Reporting NFIP participation and local permit information and submission of new technical data to FEMA.
(1)
The County shall submit to a report to FEMA concerning the County's participation in National Flood Insurance Program (NFIP), including, but not limited to, the County's development and implementation of floodplain regulations, under 44 Code of Federal Regulations (CFR) § 59.22(b) either annually, biennially on upon request by FEMA.
(2)
The County shall, on request from FEMA or the VA Department of Conservation and Recreation, submit a report which may include information, regarding the number of buildings, permits issued, appeals and variances for development of properties in the special flood hazard areas.
(3)
The County'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, the county shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data. Such 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.
I. BASE FLOOD BASE FLOOD ELEVATION (BFE) BASEMENT BOARD OF ZONING APPEALS CODE OF FEDERAL REGULATIONS (CFR) TITLE 44 CHAPTER 1 CRITICAL FACILITIES DAM BREAK INUNDATION ZONE DEVELOPMENT ELEVATED BUILDING ENCROACHMENT ENGINEERED OPENING EXISTING CONSTRUCTION FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOOD or FLOODING(1) (a) (b) (c) (2) FLOOD-DAMAGE-RESISTANT MATERIALS FLOODPLAIN or FLOOD-PRONE AREA FLOODPROOFING FLOODWAY FREEBOARD HEC-RAS (HYDROLOGIC ENGINEERING CENTER - RIVER ANALYSIS SYSTEM) HIGHEST ADJACENT GRADE (HAG) HISTORIC STRUCTURE(1) (2) (3) (4) HYDROLOGIC AND HYDRAULIC (H&H) ANALYSIS LETTER OF MAP CHANGE (LOMC)(1) (2) (3) (4) (5) LOWEST ADJACENT GRADE (LAG) LOWEST FLOOR MANUFACTURED/MOBILE HOME MANUFACTURED/MOBILE HOME PARK NEW CONSTRUCTION NONCONFORMING STRUCTURE NONENGINEERED OPENING POST-FIRM BUILDING PRE-FIRM BUILDING RECREATIONAL VEHICLE(1) (2) (3) (4) REGULATORY FLOODWAY REMEDY A VIOLATION REPETITIVE LOSS STRUCTURE SEVERE REPETITIVE LOSS STRUCTURE SHALLOW FLOODING AREA (SHEET FLOW AREA) SPECIAL FLOOD HAZARD AREA (SFHA) START OF CONSTRUCTION STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2) VARIANCE VIOLATION WATERCOURSE
Definitions. Notwithstanding any other provision of the Warren County Code, for the purposes of this section, the following words and phrases shall have the meanings described herein:
The flood having a 1% chance of being equaled or exceeded in any given year and may be referenced as the 1% annual chance flood.
The water surface elevations of the base flood, that is, the flood level that has a 1% or greater chance of occurrence in any given year. The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. For the purposes of this section, the base flood is the 1% annual chance flood.
Any area of the building, including any sunken room or sunken portion of a room, having its floor below ground level (subgrade) on all sides.
The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this section.
The code of federal rules and regulations published in the federal register implemented and enforced by FEMA under the Department of Homeland Security.
Those structures or facilities such as hospitals, nursing homes, children and adult day-care and housing which are likely to house occupants who may not be sufficiently mobile to avoid death or injury during a flood event; police stations, emergency rescue vehicle and equipment storage facilities and emergency operations centers; and public and private utility facilities which are vital to maintaining or restoring normal services to flooded areas before, during and after a flood event; structures which produce, use or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.
The area downstream of a dam that would be inundated or otherwise directly affected by the failure of the dam. The dam break inundation zone shall be as shown on the dam break inundation zone map filed with the Virginia Department of Conservation and Recreation.
[Added 5-21-2013]
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings or columns (posts and piers).
The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
An engineered opening is a mechanical opening, which is activated during a flood, revealing an unobstructed area for which floodwater can flow through to equalize the hydrostatic loads on the enclosure wall. These openings are performance tested and certified to cover a square footage amount.
Any buildings and structures for which the start of construction commenced before May 1, 1980, in conjunction with the Flood Insurance Rate Maps. Existing construction is also referred to as existing structures.
[Added 5-21-2013]
A federal agency of the United States Department of Homeland Security that oversees the National Flood Insurance Program (NFIP).
An official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community. DFIRM is the digital version of the FIRM.
[Added 5-21-2013]
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.
[Added 5-21-2013]
A general or temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters; or
The unusual and rapid accumulation or runoff of surface waters from any source.
Mudflows which are proximately caused by flooding as defined in Subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature such as flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1) of this definition.
Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.
[Added 5-21-2013]
Any land area susceptible to being inundated by water from any source.
Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures and their contents; these include required anchoring and strapping of structures and the inclusion of approved flood vents when necessary.
[Added 5-21-2013]
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 a designated height not to exceed one foot as set by the National Flood Insurance Program. Reference definition for "regulatory floodway."
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. It is a specific additional height requirement above the base flood elevation (BFE) that provides a margin of safety against extraordinary or unknown risks.
[Amended 5-21-2013]
A one-dimensional steady flow hydraulic model designed to aid hydraulic engineers in channel flow analysis and floodplain determination.
[Added 5-21-2013]
The highest natural elevation of the ground surface prior to construction located adjacent to the proposed walls of a structure.
[Added 5-21-2013]
Any structure that is:
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;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, flood profiles and mapping of the special flood hazard area.
[Added 5-21-2013]
An official FEMA determination by letter which reflects an official revision or amendment to an effective Flood Insurance Rate Map. A letter of map change is issued in lieu of the physical revision and republication of the effective map. Letters of map change include:
Letters 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 parcel of land as defined by metes and bounds or a structure is not located in a special flood hazard area.
Letter of Map Revision (LOMR): a revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features.
A Letter of Map Revision Based on Fill (LOMR-F) is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.
Conditional Letter of Map Revision (CLOMR): a formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study.
Conditional Letter of Map Revision Based on Fill (CLOMR-F) is a conditional determination that a structure or parcel of land will be elevated by fill above the base flood elevation and will be no longer exposed to flooding associated with the base flood. A LOMR-F is then submitted once fill has been placed in the area during construction. This construction may have taken place during the time the engineering study was being performed or subsequent to that study.
[Added 5-21-2013]
The lowest natural elevation of the ground surface located adjacent to the walls of the structure.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood- resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44 CFR 60.3.
A structure, transportable in one or more sections, 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.
[Amended 5-21-2013]
A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
[Added 5-21-2013]
For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial Flood Insurance Rate Map on May 1, 1980, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which 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 which is on or after May 1, 1980, and includes any subsequent improvements to such structures. This also includes the replacement of a structure of facility which has been totally destroyed.
A structure or use of a structure or premises which lawfully existed before the enactment of these provisions and Flood Insurance Rate Maps adopted on May 1, 1980.
A nonengineered opening is an opening or air vent device that is used to meet FEMA/NFIP's requirement of one square inch of net open area for one square foot of enclosed area.
A building for which construction or substantial improvement occurred after May 1, 1980, or on or after the effective date of an initial Flood Insurance Rate Map (FIRM), whichever is later.
[Added 5-21-2013]
A building for which construction or substantial improvement occurred on or before May 1, 1980, or before the effective date of an initial Flood Insurance Rate Map (FIRM).
[Added 5-21-2013]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or able to be permanently towed; and
[Amended 5-21-2013]
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.
Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
Remedy a violation means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
Any insurable building for which two or more claims of more than $1,000 were paid by the National Flood Insurance Program (NFIP) within any rolling ten-year period since 1978. A repetitive loss property may or may not be currently insured by the NFIP.
[Added 5-21-2013]
Repetitive loss structures with four separate claim payments greater than $5,000 each which include building and contents or two or more separate claim payments within any rolling ten-year period since 1978 for the building only, where the total of payments exceeds the current market value of the structure.
A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's FIRM with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
[Added 5-21-2013]
The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as determined in § 180-16J(2) of this section and formerly called the 100-year floodplain. Includes areas having special flood, mudflow, or flood-related erosion hazards, and shown on a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) as Zones A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/A1-A30, V1-V30, VE and V.
[Amended 5-21-2013]
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 on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of the construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. For insurance purposes, means: a building with two or more outside rigid walls and fully secured roof, that is affixed to a permanent site, or a manufactured home built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation, or a travel trailer without wheels built on a chassis and affixed to a permanent foundation. These are regulated under the community's floodplain management and building ordinances or laws.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 45% of the assessed value of the structure before the damage occurred: This term does not, however, include either:
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 45% of the assessed 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:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
A grant of relief by a community from the terms of a floodplain management regulation.
The failure of a structure or any other development to be fully compliant with Warren County's floodplain management regulations shall be deemed a violation. A structure or other development without the required floodplain determination, zoning and building permits, elevation certificate, other certifications, or other evidence of compliance required by 44 CFR 60.3 is presumed to be in violation until such time as that documentation is provided for the as- built structure prior to final inspection approval and issuance of a certificate of occupancy from the Building Inspections Department.
[Added 5-21-2013]
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.
J.
Establishment of floodplain districts and dam break inundation zones.
[Amended 5-21-2013]
(1)
Description of districts.
(a)
Basis of districts. The various floodplain districts shall include special flood hazard areas. The basis for the delineation of these districts shall be the Flood Insurance Study (FIS) for Warren County prepared by the Federal Emergency Management Agency, dated June 3, 2008, as amended.
[1]
The Special Flood Hazard Area (SFHA) Floodway District is delineated, for purposes of this section, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in Table 4, Floodway Data, of the above-referenced Flood Insurance Study and shown on the accompanying Flood Insurance Rate Map.
[2]
The Special Flood Hazard Area Zone AE District shall be those areas identified as an AE Zone on the Flood Insurance Rate Maps accompanying the Flood Insurance Study for which base flood elevations have been provided but for which no floodway has been delineated.
[3]
The Special Flood Hazard Area Zone A District shall be those areas identified as an A Zone on the maps accompanying the Flood Insurance Study. In these zones, no detailed flood profiles or elevations are provided, but the 1% annual chance of flooding boundary has been approximated in the Flood Insurance Rate Maps and Digital Flood Insurance Rate Maps.
[4]
Warren County may identify and regulate local flood hazard or stormwater areas that are not delineated on the FIRM through the County's subdivision application process. 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. This data may be submitted by a certified engineer and shall be used during the letter of map revision process for determination of the floodplain and base flood for a specific area.
(b)
Overlay concept.
[1]
The floodplain districts described below shall be overlays to the existing underlying districts as shown on the Official Zoning Map of Warren County and, as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
[2]
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.
[3]
In the event that 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.
(2)
Official Zoning Map. The boundaries of the Special Flood Hazard Area and Floodplain Districts are established as shown on the Flood Insurance Rate Map (FIRM) and Digital Flood Insurance Rate Map (DFIRM) which is declared to be a part of this section and which shall be kept on file at the Warren County Planning and Zoning offices.
(3)
District boundary changes.
(a)
The delineation of any of the Floodplain Districts may be revised by the Warren County Board of Supervisors where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the United States Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency (FEMA) after an elevation certificate and letter of map change (LOMC) have been submitted to them.
(b)
Initial interpretation of the boundaries of the floodplain districts shall be made by the County Floodplain Administrator, Planning Director, Zoning Administrator or Deputy Zoning Administrator. Should a dispute arise concerning the boundaries of any of the districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.
(4)
Jurisdictional boundary changes.
(a)
In accordance with CFR, Title 44, Subpart (B), Section 59.22(a)(9)(v), all NFIP participating communities must notify the Federal Emergency Management Agency 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.
(b)
In order that all Flood Insurance Rate Maps (FIRM) 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.
K.
District provisions.
(1)
Permit and application requirements.
[Amended 5-21-2013]
(a)
Permit requirement. All uses, activities and development occurring within any floodplain district shall be undertaken only upon the issuance of a floodplain determination, zoning and building permits. Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code, Chapter 155, Subdivision of Land, and Chapter 180, Zoning, of the Code book of Warren County. Prior to the issuance of any such permit, the Zoning Administrator, Floodplain Administrator and Building Official shall require all applications to include compliance with all applicable state and federal laws.
(b)
Site plans and permit applications. All applications for development within any floodplain district and all building permits issued for the special flood hazard area shall incorporate the following information:
[1]
The base flood elevation (BFE) at the site, topographic information showing existing and proposed ground elevations for structures to be elevated, and the lowest floor elevation (including basement).
[2]
For structures to be floodproofed, and the elevation to which the structure will be floodproofed.
[3]
The issuance of an elevation certificate for an as-built residential dwelling structure prior to the final inspection and a certificate of occupancy being issued by Warren County Building Inspections and submitted to the Zoning or County Floodplain Administrator within 30 days prior to the issuance of a certificate of occupancy.
(2)
General standards. In all SFHA Districts the following provisions shall apply to all permits:
[Amended 5-21-2013]
(a)
The building of critical facilities in the special flood hazard area 1% annual chance and 0.2% annual chance flood/shaded zone X area shall be prohibited.
(b)
New construction and substantial improvements shall be built according to this section and the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure.
(c)
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 requirements for resisting wind forces.
(d)
New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(e)
New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(f)
Electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(g)
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(h)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(i)
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(j)
Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this section shall meet the requirements of new construction as contained in this section.
(k)
Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this section shall be undertaken only if said nonconformity is not furthered, extended or replaced.
(l)
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 United States Corps of Engineers (USACE), the Virginia Department of Environmental Quality (DEQ) and the Virginia Marine Resources Commission (VMRC). A joint permit application is available from any of these organizations or from other Virginia state offices of environmental programs. Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (DCR) Division of Dam Safety and Floodplain Management and the Federal Insurance and Mitigation Administration (FIMA).
(m)
The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained. 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.
(n)
In any flood zone the Floodplain Administrator may require a hydrologic and hydraulic analysis for any development.
(o)
Development within the special flood hazard areas shall not adversely impact any threatened and endangered special status faunal species as identified by the Virginia Department of Wildlife Resources (DWR).
(3)
Specific standards. In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated according to § 180-16K(1), the following provisions shall apply and shall comply with the current Uniform Statewide Building Code (USBC):
(a)
Residential construction. Construction of these structures within the regulatory floodway (SFHA Floodway District) shall be prohibited. Within the Special Flood Hazard Areas Zones A and AE, new construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than 2 1/2 feet (30" above BFE) above the base flood elevation. They must also meet a linear setback of 50 feet from the edge of the regulatory floodway as determined in the Flood Insurance Study or through a base floodwater surface elevation and contour analysis survey. Such certifications and determinations, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the County Planning Department. The Zoning Administrator shall determine that the yard location and setbacks for structures located in residential zoned properties and adjacent to the waterway are compliant and meet the Warren County Code requirements and floodplain determination elevation and comments of the Floodplain Administrator. A signed and notarized letter of understanding for a non-conversion of the dwelling shall be submitted at the time of the permit application.
(b)
Nonresidential commercial, industrial and institutional construction. New construction of these structures within the SFHA Floodway shall be prohibited. Substantial improvement of any existing commercial, industrial, or institutional buildings located in all A and AE Zones shall have the lowest floor, including basement, elevated to no lower than 2 1/2 feet (30" above BFE) above the base flood elevation. These buildings may be floodproofed in lieu of being elevated, provided that all areas of the building components below the elevation corresponding to the BFE plus 2 1/2 feet (30" above BFE) are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certifications shall be provided during the site plan process and must be approved by the County Floodplain Administrator or Zoning Administrator.
(c)
Accessory structures. Vacant lots in the Residential-1 (R-1) and Residential-2 (R-2) Zoning Districts, located in the Special Flood Hazard Area shall have a principal use for private-use camping established by conditional use permit prior to an accessory structure being located on the property. Vacant lots in all residential and Agricultural (A) Zoning Districts located within or in a portion of the special flood hazard area shall require a floodplain determination, zoning and building permits prior to construction of any accessory structure used for by-right, conditional use permit or agricultural exemption uses. In residential districts there shall be a limit of one structure allowed within the special flood hazard area and the structure is to be used for storage of property maintenance, recreation equipment, or a pavilion and shall be composed of materials approved by the Planning Department. It shall be no larger than 200 square feet and shall meet the requirements for flood venting based on square footage of the structure and for anchoring. In the Agricultural District there shall be a limit of two structures allowed within the special flood hazard area, inclusive of agricultural exempt structures as determined by the County and shall not exceed the cumulative area of 320 square feet for both structures. Structures shall be required to be floodproofed and strapped or anchored according to the Virginia Uniform Statewide Building Code (USBC). The appropriate building permits shall be issued prior to construction and a final inspection shall be conducted by a County Building Inspector and the Floodplain Administrator, or Zoning Official. Accessory structures shall have no kitchen facilities and shall not be used for living quarters nor used for dwelling purposes or occupied overnight.
(d)
Fences. Prior to installation, any fence located within the special flood hazard area shall first receive a zoning permit, floodplain determination and documentation identifying the fence type and its location to be approved by the Floodplain Administrator or Zoning Administrator. Solid panel or board on board/batten fencing shall not be permitted.
(e)
Elevated buildings. Enclosed areas of new construction or substantially improved structures which are below the regulatory flood protection elevation shall:
[1]
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). The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas;
[2]
Be constructed entirely of flood-resistant materials below the regulatory flood protection elevation;
[3]
Include, in Zones A and AE, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:
[a]
Provide a minimum of two openings on different sides of each enclosed area subject to flooding.
[b]
The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.
[c]
If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.
[d]
The bottom of all required openings shall be no higher than one foot above the adjacent grade.
[e]
Openings may be equipped with screens, louvers or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.
[f]
Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.
(f)
Standards for manufactured homes and recreational vehicles.
[1]
All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood must meet all the requirements for new construction, including the elevation and anchoring requirements in § 180-16K(1) and (2).
[2]
All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that:
[a]
The lowest floor of the manufactured home is elevated no lower than one foot 2 1/2 feet (30" above BFE) above the base flood elevation;
[b]
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength and of no less than 36 inches in height above the grade; or
[c]
The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement.
[3]
All recreational vehicles placed on sites must either:
[a]
Be on the site for fewer than 180 consecutive calendar days in any one year and be fully licensed and ready for highway use.
[b]
The major recreational equipment is ready for highway use if it is on its wheels or jacking system, attached to the site by only quick-disconnect-type utilities and securities and has no permanently attached additions.
[c]
The parking and storage of inoperative major recreational equipment shall be prohibited.
[4]
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.
(4)
Standards for Special Flood Hazard Area Zone A District.
[Amended 5-21-2013]
(a)
When base flood elevation data or floodway data have not been provided, the Zoning Administrator or County Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or any other source, in order to administer the provisions of § 180-16K. In locations where the specific base flood elevations and floodway boundary cannot be determined using sources such as the United States Army Corps of Engineers Floodplain Reports, United States Geological Survey Flood-Prone Quadrangles or other existing data, then the applicant shall provide documentation certifying the base flood elevation and floodway boundary using hydrologic and hydraulic engineering methods and modeling. This analysis shall be certified by a state-registered professional engineer or surveyor and submitted to the Planning Department with supplemental data relating to the study. When such base flood elevation and floodway boundary data is utilized, the Zoning Administrator or County Floodplain Administrator shall obtain:
[1]
An elevation certificate which states the elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures; and
[2]
Documentation that the structure has been floodproofed in accordance with the requirements of § 180-16K(3), above, the elevation in relation to the mean sea level to which the structure has been floodproofed.
(b)
Any new construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than 2 1/2 feet (30" above BFE) above the base flood elevation.
(c)
Any new construction or development must meet a linear setback of 50 feet from the edge of the regulatory floodway based on best available data or through a hydrologic and hydraulic analysis study submitted by a certified engineer or a topological field survey by a licensed surveyor.
(d)
Development activities in Zone A on the Warren County Flood Insurance Rate Map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies, with the Board of Supervisor's endorsement, for a conditional letter of map revision (CLOMR) and receives the approval of the Federal Emergency Management Agency.
(5)
Standards for the Special Flood Hazard Area Zone AE District. The following provisions shall apply within this district:
[Amended 5-21-2013]
(a)
New construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as AE on the Flood Rate Insurance Map and located and setback 50 feet outside of the regulatory floodway.
[1]
An elevation certificate which states the elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures; and
[2]
Documentation that the structure has been floodproofed in accordance with the requirements of § 180-16K(3), above, the elevation in relation to the mean sea level to which the structure has been floodproofed.
(b)
Any new construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than 2 1/2 feet above the base flood elevation (30" above BFE).
(c)
Any new construction or development must meet a linear setback of 50 feet from the edge of the regulatory floodway as determined in the Flood Insurance Study or through a base floodwater surface elevation analysis completed by a certified engineer or topological field survey by a licensed surveyor.
(d)
Development activities within the AE flood zone on the Warren County Flood Insurance Rate Map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies, with the Board of Supervisor's endorsement, for a conditional flood insurance rate map revision (CLOMR) and receives the approval of the Federal Emergency Management Agency.
(6)
Standards for the Special Flood Hazard Area Floodway District. The following provisions shall apply within this district:
[Amended 5-21-2013]
(a)
Encroachments, including fill, new construction, substantial improvements and other developments shall be prohibited, with the exception of accessory structures used solely for storage of recreation equipment and property maintenance equipment as referenced in § 180-16K(3)(c). All development shall require a floodplain determination and shall have a zoning and building permit issued if it is deemed to be a qualifying accessory structure, fence and any land disturbance or erosion stabilization.
(b)
If § 180-16K(6)(a) is satisfied, all new construction of accessory structures shall comply with all applicable flood hazard reduction provisions of § 180-16K.
(c)
The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured homes (mobile homes) 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.
(7)
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)
Hydrologic and hydraulic analysis and/or drainage study, erosion and sediment, encroachment analysis and base flood elevation data shall be provided for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions greater than 50 lots or five acres) that are in the SFHA or within 100 feet of the boundary of the special flood hazard area.
[Amended 5-21-2013]
L.
Variances: factors to be considered.
(1)
In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of the Zoning Ordinance and consider the following additional factors that are exceptional, unusual, and specific to the property:
(a)
The showing of good and sufficient cause and an exceptional hardship exists, the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public, and is the minimum action necessary to afford relief and meets the required standards for a variance as outlined in the Code of Warren § 180-62B.
(b)
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 or Floodplain District that will cause any increase in the Special Flood Hazard Area base flood elevation.
[Amended 5-21-2013]
(c)
The danger that materials may be swept on to other lands or downstream to the injury of others.
(d)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
(e)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(f)
The importance of the services provided by the proposed facility to the community.
(g)
The requirements by other state agencies of the facility in a waterfront location.
(h)
The availability of alternative locations not subject to flooding for the proposed use.
(i)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(j)
The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
(k)
The risk to individuals stranded in isolated structures surrounded by what is, in many cases, rapidly flowing, debris-laden floodwater and the risk to rescue workers and the safety of access by ordinary and emergency vehicles to the property in time of flood.
(l)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(m)
The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure.
(n)
Such other factors which are relevant to the purposes of this section.
(o)
The ability of the property owner to remove equipment and vehicles incidental to the use of the property prior to or during a flood event.
[Amended 5-21-2013]
(p)
Development must not cause an increase in water surface elevations (WSEL) during floods of any magnitude.
(2)
The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for flood protection and other related matters.
(3)
Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights greater than one foot (1'); additional threats to public safety; extraordinary public expense; and will not create nuisances; cause fraud or victimization of the public; or conflict with local, state or federal laws or ordinances.
[Amended 5-21-2013]
(4)
Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief from exceptional hardship to the applicant.
(5)
The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the Special Flood Hazard Area base flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance.
[Amended 5-21-2013]
(6)
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.
(7)
A record of the issuance of a variance with any conditions attached shall be recorded with the deed to the property and on any elevation certificate submitted for the property within 30 days from the approval of the variance by the Board of Zoning Appeals (BZA).
[Amended 5-21-2013]
§ 180-17 Home occupations.
A.
A home occupation is a use conducted entirely within a dwelling unit clearly incidental and subordinate to its use for residential purposes by its occupants. Home occupations shall be confined to the principal structure, wherein not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
B.
No person other than members of the family residing on the premises shall be engaged in such occupation.
C.
There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one nonilluminated sign. Maximum sign area: two square feet.
D.
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, dust or odors detectable to normal senses outside the dwelling unit. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
E.
No traffic shall be generated by a home occupation in greater volume than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of a home occupation shall be met by providing off-street parking in an area other than in a required front yard.
F.
Boarding- and rooming houses, tourist homes, bed-and-breakfast homes and private educational institutions shall not be deemed home occupations.
§ 180-18 Screening and buffer requirements.
[Amended 3-17-1998]
It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing and proposed uses within the site. Certain types of uses must be buffered from other types in order to ensure a desirable environment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads.
A.
Distance buffers. Distance buffers are based on the nature of an activity and its proximity to an activity of a different nature. They are linear distances measured from property lines inward. Part of the buffer must be inactive and part may be active. The inactive portion begins at the adjoining property line.
(1)
Inactive distance buffer. This portion of a buffer area permits no activity except the necessary functions provided by transmission lines, underground conduits, waterlines, sewer lines, etc.
(2)
Active distance buffer. This portion of a buffer may not be encroached by a building or other principal structure or activity. However, parking is permitted in this area. Active buffers shall not contain road rights-of-way.
(3)
Wherever a proposed structure or use is within 200 feet of the boundaries of existing uses, the Planning Commission may require increased or additional distance buffers.
B.
Screening. Screening is designed to work with distance buffers to lessen the impact of noise or visual impact between adjacent activities. There are two levels of screening: landscape screening and full screening. The higher the level of screening provided, the lower the level of distance buffer required.
(1)
Landscape screening. A landscape screen consists of a totally landscaped easement at least 10 feet in depth. "Totally landscaped" means a minimum landscaping density of three plants per 10 linear feet. These plants shall be at least four feet in height at planting and intended to reach a minimum height of six feet at maturity. There shall be at least three species of plants, with the majority being evergreens and at least 1/3 being deciduous. Where natural barriers, topography or other features achieve the functions of the landscape screen, the requirement for screening may be waived by the Planning Commission or Board of Supervisors.
(2)
Full screen. A full screen provides all the elements of a landscape screen and also includes a six-foot-high opaque hedge, fence, wall, mound or berm. An existing woodland strip of 50 feet may be allowed as a full screen. If natural barriers, topography or other features achieve the results of the full screen, the requirement may be waived by the Planning Commission or Board of Supervisors. The requirements of this subsection may be changed to maintain highway sight distances.
(3)
Wherever proposed structures or uses are adjacent to existing uses, the Planning Commission may require additional landscaping or landscaped easements to separate different uses and to achieve the intent of this section.
C.
Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in a different zoning district(s).
(1)
Buffers shall be provided on the land to be developed according to the categories in the following tables:
(a)
Buffer categories:
Distance Buffer Required | ||||
|---|---|---|---|---|
Category | Screening Provided | Inactive (minimum) (feet) | Active (maximum) (feet) | Total (feet) |
A | Full screen | -- | -- | -- |
A | Landscape screen | -- | -- | -- |
A | No screen | 25 | 25 | 50 |
B | Full screen | 25 | 25 | 50 |
B | Landscape screen | 50 | 25 | 75 |
B | No screen | 100 | 50 | 150 |
C | Full screen | 50 | 25 | 75 |
C | Landscape screen | 100 | 50 | 150 |
C | No screen | 250 | 50 | 300 |
(b)
Buffer categories to be provided on land to be developed according to the zoning of the adjoining land:
Zoning of Land to be Developed | A | R-1 | R-2 | VR | SR | C | I |
|---|---|---|---|---|---|---|---|
A | — | — | — | — | — | A | A |
R-1 | — | — | — | — | — | A | A |
R-2 | — | — | — | — | — | A | A |
VR | — | — | — | — | — | A | A |
SR | — | — | — | — | — | A | A |
C | B | B | B | B | B | — | A |
I | C | C | C | C | C | B | — |
(2)
The Planning Commission may waive or reduce any or all of the requirements for the applicable zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in both the zoning district in which the development is occurring and in the adjoining zoning districts.
(3)
Whenever screening or a barrier is required by this chapter or by conditions imposed by the Board, there shall be a perpetual responsibility on the part of the applicant/owner to maintain the screening or the barrier in a condition comparable to or better than originally approved.
§ 180-19 Accumulation of refuse.
[Amended 9-6-1995]
A.
In order to protect the public health, the use of land for the exterior accumulation of refuse in a location visible from any public right-of-way or adjacent property, except under specified conditions, is hereby declared to be contrary to public policy. Except during periods of alteration, construction or repairs performed under authorization of a building permit, the accumulation of scrap materials of any nature in an exterior location other than in closed-lid containers, approved junkyards, automobile graveyards or sanitary landfills for periods in excess of 15 days is prohibited. Upon complaint of any citizen, the Administrator shall investigate or cause to be investigated such complaint and, if he finds this section is being violated, shall notify the occupant or owner of the premises involved. Failure of such occupant or owner to remove such accumulation of refuse within 10 days after such notification shall constitute a violation of this chapter.
B.
In the event that prosecution of a violation of this section is deemed by the Board of Supervisors to have been ineffectual in bringing about compliance with this section or is deemed by the Board to be impractical, the Board of Supervisors, after reasonable notice, may have such trash, refuse, litter and like substances which might endanger the health and safety of other residents of the County removed by its own agents or employees, in which event the cost thereof shall be chargeable to and paid by the owners of such property and may be collected by the County as taxes and levies are collected. Every charge authorized by this section with which the owners of any such property shall have been assessed and remains unpaid shall constitute a lien against such property.