[Added 5-14-1991]
The purpose of these provisions is to prevent
the loss of life and property, the creation of health and safety hazards,
the disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and
relief, and the impairment of the tax base by:
A.Â
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.Â
Restricting or prohibiting certain uses, activities
and development from locating within districts subject to flooding.
C.Â
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.Â
Protecting individuals from buying land and structures
which are unsuited for intended purposes because of flood hazards.
These provisions shall apply to all lands within
the jurisdiction of Shenandoah County and identified as being in the
one-hundred-year floodplain by the Federal Insurance Administration.
A.Â
No land shall hereinafter be developed nor shall a
structure be located, relocated, constructed, reconstructed, enlarged
or structurally altered except in full compliance with the terms and
provisions of this article and any other applicable ordinances and
regulations which apply to uses within the jurisdiction of this article.
B.Â
The degree of flood protection sought by the provisions
of this article is considered reasonable for regulatory purposes and
is based on acceptable engineering methods of study. Larger floods
may occur on rare occasions. Flood heights may be increased by man-made
or natural causes, such as ice jams and bridge openings restricted
by debris. This article does not imply that districts outside the
floodplain district, or that land uses permitted within such district,
will be free from flooding or flood damages.
C.Â
This article shall not create liability on the part
of Shenandoah County or an officer or employee thereof for any flood
damages that result from reliance on this article or any administrative
decision lawfully made thereunder.
This article supersedes any ordinance currently
in effect in flood-prone districts. However, any underlying ordinance
shall remain in full force and effect to the extent that its provisions
are more restrictive than this article.
A.Â
Any person who fails to comply with any of the requirements
or provisions of this article or direction of the Zoning Officer or
any other authorized employee of Shenandoah County shall be guilty
of a misdemeanor of the first class and subject to the penalties therefor.
B.Â
In addition to the above penalties, all other actions
are hereby reserved, including an action in equity for the proper
enforcement of this article. The imposition of a fine or penalty for
any violation of, or noncompliance with, this article shall not excuse
the violation or noncompliance to permit it to continue; and all such
persons shall be required to correct or remedy such violations or
noncompliance within a reasonable time. Any structure constructed,
reconstructed, enlarged, altered or relocated in noncompliance with
this article may be declared by the Board of Supervisors to be a public
nuisance and abatable as such. Flood insurance may be withheld from
structures constructed in violation of this article.
As used in this article, the following terms
shall have the meanings indicated:
The Federal Emergency Management Agency (FEMA) designated
one-hundred-year water surface elevation.
[Added 5-28-2002 by Ord. No. 02-5]
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
Any area of the building having its floor subgrade (below
ground level) on all sides.
[Added 6-24-2003 by Ord. No. 2003-3]
The Board appointed to review appeals made by individuals
with regard to decisions of the Zoning Administrator in the interpretation
of this article.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving utilities, filling,
grading, excavation, mining, dredging, drilling operations or storage
of equipment or materials.
The initiation of the effluent flow to the on-site sewage
disposal system distribution box by pump or siphon for the purpose
of ensuring more uniform flow splitting to percolation lines.
[Added 10-11-1994]
A general and temporary inundation of normally dry land areas.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation;
an area subject to the usual and rapid accumulation or runoff of surface
water from any source.
Any land area susceptible to being inundated by water from
any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the one-hundred-year
flood without cumulatively increasing the water surface elevation
more than one foot.
[Amended 5-28-2002 by Ord. No. 02-5]
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:
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 structures in violation
of the applicable nonelevation design requirements of Federal Code
44 CFR 60.3.
[Added 6-24-2003 by Ord. No. 2003-3]
A structure subject to federal regulations which is transportable
in one or more sections; is eight body feet or more in width and 40
body feet or more in length in the traveling mode, or is 320 or more
square feet when erected on site; it is built on a permanent chassis;
is designed to be used as a single-family dwelling, with or without
a permanent foundation when connected to the required facilities;
and includes the plumbing, heating, air-conditioning and electrical
systems contained in the structures.
For the purpose of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which
the start of construction commenced on/or after the effective date
of a floodplain management regulation adopted by a community, and
includes any subsequent improvements to such structures.
A vehicle which is:
[Amended 6-13-2023 by Ord. No. 2023-02; 8-22-2023 by Ord. No. 2023-04]
Those areas identified as an AE Zone on the FIRM included
in the FIS for which one-hundred-year-flood elevations have been provided
in the FIS but for which no floodway has been delineated.
[Added 12-13-2005 by Ord. No. 2005-14]
A permit issued for a use permitted in a particular district
by the Board of Supervisors upon recommendation of the Planning Commission
to occupy or use land and/or a building or structure erected thereon
for a specific purpose not permitted by right, but permitted in accordance
with standards or conditions established in this article.
The date the building permit was issued, provided that the
actual start of construction, repair, reconstruction, rehabilitation,
addition, placement or other improvement was within 180 days of the
permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as grading, clearing and filling;
nor does it include excavation for a basement, footings, piers or
foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not a part of the main
structure. For a substantial improvement, the actual "start of construction"
means the first alteration on any wall, ceiling, floor or other structural
part of a building, whether or not the alteration affects the external
dimensions of the building.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
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 a historic structure, provided
that the alteration will not preclude the structure's continued designation
as a historic structure.
A.Â
The various floodplain districts shall include areas
subject to inundation by waters of the one-hundred-year flood. The
basis for the delineation of these districts shall be the Flood Insurance
Study for Shenandoah County prepared by the Federal Emergency Management
Agency (FEMA), dated February 2, 2006, as amended, the Flood Insurance
Rate Maps prepared by FEMA dated February 2, 2006, as amended, as
well as subsequent studies authorized by FEMA.
[Amended 5-28-2002 by Ord. No. 02-5;6-24-2003 by Ord. No.
2003-3; 12-13-2005 by Ord. No. 2005-14]
(1)Â
The floodway district is delineated, for purposes
of this article, using the criterion that certain areas within the
floodplain must be capable of carrying waters of the one-hundred-year
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 II of the above-referenced Flood
Insurance Study and shown on the accompanying Flood Insurance Rate
Map (FIRM).
(2)Â
The flood-fringe district shall be that area of the
one-hundred-year floodplain not included in the floodway district.
The basis for the outermost boundary of the district shall be the
one-hundred-year flood elevations contained in the flood profiles
of the above-referenced Flood Insurance Studies and as shown on the
accompanying Flood Insurance Rate Maps.
(3)Â
In those areas for which detailed flood profiles or
elevations are not provided, the floodplain district shall be that
floodplain area where a one-hundred-year floodplain boundary has been
approximated. Such areas are shown as Zone A on the maps accompanying
the Flood Insurance Study. For these areas, the one-hundred-year-flood
elevations and floodway information from federal, state and other
acceptable sources shall be used, when available. Where the specific
one-hundred-year-flood elevation cannot be determined for this area
using other sources of data, such as the United States Army Corps
of Engineers Floodplain Information Reports, United States Geological
Survey Flood-Prone Quadrangles, known high water from the past one-hundred-year
floods, etc., then the applicant for the proposed use, development
and/or activity shall determine this elevation in accordance with
hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic
analyses shall be undertaken only by professional engineers or others
of demonstrated qualifications, who shall certify that the technical
methods used correctly reflect currently accepted technical concepts.
Studies, analyses, computations, etc., shall be submitted in sufficient
detail to allow a thorough review by the County of Shenandoah. All
new subdivision proposals and other proposed developments (including
proposals for manufactured home parks and subdivisions) greater than
50 lots or five acres, whichever is the lesser, in areas for which
detailed flood profiles or elevations are not provided shall include
within such proposals base flood elevation data.
(4)Â
The special floodplain district shall be those areas
identified as an AE Zone on the FIRM included in the FIS prepared
by FEMA and for which one-hundred-year-flood elevations have been
provided in the FIS but for which no floodway has been delineated.
For these areas, the one-hundred-year base flood elevations shall
be used. Until a regulatory floodway is designated, no new construction,
substantial improvements, or other development (including fill) shall
be permitted within Zones AE on the County's FIRM, unless it is demonstrated
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at
any point in the County.
(5)Â
Where the applicant for the proposed use, development, and/or activity desires to appeal the floodplain boundary for an existing structure or parcel of land, a Letter of Map Amendment (LOMA) can be requested from FEMA. Applications for LOMAs shall be submitted as either FEMA Form 81-87 or Form 81-92 (for single residential lot or structure) in compliance with the FEMA requirements indicated in the forms. Once a LOMA has been issued by FEMA, the delineation of the floodplain district may be revised per § 165-127.
B.Â
Overlay concept.
(1)Â
The floodplain districts described above shall be
overlays to the existing underlying districts as shown on the Official
Zoning Ordinance Map, and, as such, the provisions for the floodplain
districts shall serve as a supplement to the underlying district provisions.
(2)Â
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)Â
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.
[Amended 5-28-2002 by Ord. No. 02-5; 6-24-2003 by Ord. No.
2003-3; 12-13-2005 by Ord. No. 2005-14]
The boundaries of the floodplain districts are
established as shown on the Flood Insurance Rate Maps, dated February
2, 2006, as amended, which are declared to be a part of this article
and which shall be kept on file at the County offices.
The delineation of any of the floodplain districts
may be revised by the 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 Insurance Administration.
Initial interpretations of the floodplain districts
shall be made by the 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.
[Amended 2-25-1997 by Ord. No. 97-1]
A.Â
Permit requirement. All uses, activities and development
occurring within any floodplain district shall be undertaken only
upon the issuance of a zoning permit. Such development shall be undertaken
only in strict compliance with the provisions of the ordinances, such
as the Virginia Uniform Statewide Building Code and the Shenandoah
County Subdivision Regulations.[1] Prior to the issuance of any such permit, the Zoning Officer
shall require all applications to include compliance with all applicable
state and federal laws. Under no circumstances shall any use, activity
and/or development adversely affect the capacity of the channels or
floodways of any watercourse, drainage ditch or any other drainage
facility or system.
B.Â
Alteration or relocation of watercourse. 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, the Virginia State Water
Control Board and the Virginia Marine Resources Commission (a joint
permit application is available from any of these organizations).
Furthermore, notification of the proposal shall be given by the applicant
to all affected adjacent jurisdictions, the Division of Soil and Water
Conservation (Department of Conservation and Recreation) and the Federal
Insurance Administration.
[Added 2-25-1997 by Ord. No. 97-1; amended 3-8-2005 by Ord. No. 2005-1]
The following uses and activities are prohibited
from any floodplain district:
A.Â
Septic systems (other than drainfields), pit privies
or other on-site waste disposal systems [except as provided in § 165-132B(l)].
B.Â
Dwellings except as permitted in § 165-132B(1).
C.Â
All businesses and industries.
D.Â
Any use where people congregate in permanent structures,
e.g., churches, schools, institutional uses, etc.
E.Â
Any agricultural building housing confined animals.
[Amended 4-26-2005 by Ord. No. 2005-6]
F.Â
Filling of land, except for restoration or reclamation
purposes.
[Amended 2-25-1997 by Ord. No. 97-1; 5-28-2002 by Ord. No. 02-5; 12-13-2005 by Ord. No. 2005-14]
In all floodplain districts (floodway, flood-fringe,
approximate floodplain, special floodplain, and floodplain districts)
the development and/or use of land shall be permitted in accordance
with the regulations of the underlying area, provided that all such
uses, activities and/or development shall be undertaken in strict
compliance with the floodproofing and related provisions contained
in the Virginia Uniform Statewide Building Code and all other applicable
codes and ordinances.
[Amended 2-25-1997 by Ord. No. 97-1; 5-28-2002 by Ord. No. 02-5]
A.Â
In addition, in the floodway district, no encroachment,
including fill, new construction, substantial improvements or other
development, shall be permitted unless it has been demonstrated through
hydrologic and hydraulic analysis performed in accordance with standard
engineering practice that the proposed encroachment would not result
in any increase in the one-hundred-year-flood elevation.
B.Â
Within any special floodplain district, no development
shall be allowed unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing
and anticipated development, will not increase the elevation of the
one-hundred-year flood more than one foot at any point.
[Added 12-13-2005 by Ord. No. 2005-14]
[Amended 10-11-1994; 6-13-1995; 2-25-1997 by Ord. No. 97-1]
A.Â
Permitted activities. In any floodplain district the
following activities are permitted, provided that they are in compliance
with the provisions of this article, the provisions of the underlying
districts, and are not prohibited by any other ordinance, and provided
that they do not require structures, fill or storage of materials
and equipment.
[Amended 5-28-2002 by Ord. No. 02-5]
(1)Â
Agriculture uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck farming, forestry,
sod farming and wild crop harvesting.
(2)Â
Public and private recreational uses and activities
such as parks, day camps, picnic grounds, golf courses, boat launching
and swimming areas, hiking and horseback riding trails, wildlife and
nature preserves, game farms, fish hatcheries, trap and skeet ranges
and hunting and fishing areas.
(3)Â
Accessory residential uses such as yard areas, gardens,
play areas, and pervious parking and loading areas, airport landing
strips, etc.
(4)Â
Septic drainfields serving on-site sewage disposal
systems for single-family homes, not including septic tanks, pumps
or pretreatment facilities, provided that:
(a)Â
No other site for a septic drainfield can be
found on the lot outside the floodplain district that meets the requirements
of the State Health Department's Sewage Handling and Disposal Regulations.
B.Â
Activities permitted by special use permit. The following
activities are permitted by special use permit:
(1)Â
Single-family dwellings subject to the following:
[Added 3-8-2005 by Ord. No. 2005-1]
(a)Â
Single-family dwellings are permitted with the
issuance of a special use permit on parcels that meet the following
criteria:
[1]Â
The parcel is zoned Low-Density Residential
(R-1), Medium-Density Residential (R-2), or High-Density Residential
(R-3).
[2]Â
A building site cannot be found on the parcel
outside of the one-hundred-year floodplain.
[3]Â
The parcel was created before 1978 and purchased
by the current owner before February 25, 1997.
(b)Â
Septic tank and drainfield sewage disposal systems may be approved in the floodplain district as part of the special use permit for lots meeting the criteria of § 165-132B(1)(a). These systems shall be designed by a professional engineer to a standard which shall minimize the dislodgement of any of the components of the system during a flood event. Any appurtenances associated with the system shall be designed to be floodproof. No secondary effluent treatment facilities shall be permitted as part of this process. In addition, all regulations of the Health Department and applicable regulations of the floodplain ordinance[1] for septic systems must be met.
(2)Â
Utilities and public facilities and improvements such
as railroads, streets, bridges, transmission lines, pipe lines, water
and sewerage treatment plants and other similar or related uses.
(3)Â
Water-related uses and activities such as marinas,
docks, wharves, piers, etc.
(4)Â
Extraction of sand, gravel and other materials.
(5)Â
Temporary uses such as circuses, carnivals and similar
activities.
(6)Â
Storage of materials and equipment, provided that
they are not buoyant, flammable or explosive and are not subject to
major damage by flooding, or provided that such material and equipment
is firmly anchored to prevent flotation or movement and/or can be
readily removed from the area within the time available after flood
warning.
(7)Â
Farm buildings for the storage of hay or feed, farm
buildings for the sheltering, raising, and handling agricultural animals,
provided that no such animals may be confined to the buildings; also
picnic shelters with open sides. The storage of hazardous or flammable
materials is prohibited within these structures.
[Added 4-26-2005 by Ord. No. 2005-6]
[Amended 6-13-1995]
A.Â
All applications for development in any floodplain
district and all building permits issued for the floodplain shall
incorporate the following information:
[Amended 5-28-2002 by Ord. No. 02-5]
(1)Â
For structures to be elevated, the elevation of the
lowest floor (including basement).
(2)Â
For structures to be floodproofed (nonresidential
only), the elevation to which the structure will be floodproofed.
(3)Â
The elevation of the one-hundred-year flood.
(4)Â
Topographic information showing existing and proposed
ground elevations.
B.Â
Within the approximated floodplain district and the
special floodplain district, the applicant shall also delineate a
floodway area based on the requirement that all existing and future
development not increase the one-hundred-year-flood elevation more
than one foot at any one point. The engineering principle, equal reduction
of conveyance, shall be used to make the determination of increased
flood heights.[1]
[Amended 12-13-2005 by Ord. No. 2005-14]
[1]
Editor's Note: Original Section 4.2D, Manufactured
Homes, which immediately followed this section, was deleted 6-13-1995.
[Amended 5-28-2002 by Ord. No. 02-5]
Recreation vehicles placed on sites in the floodplain
district shall not be on the site longer than two consecutive weeks.
A.Â
Sanitary sewer facilities. All new or replacement
sanitary sewer facilities and private package sewage treatment plants
(including all pumping stations and collector systems) shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into the floodwaters. In addition,
they should be located and constructed to minimize or eliminate flood
damage and impairment.
B.Â
Water facilities. All new or replacement water facilities
shall be designed to minimize or eliminate infiltration of floodwaters
into the system and be located and constructed to minimize or eliminate
flood damages.
C.Â
Drainage facilities. All storm drainage facilities
shall be designed to convey the flow of surface waters without damage
to persons or property. The systems shall ensure drainage away from
buildings and on-site waste disposal sites. The Board of Supervisors
may require a primarily underground system to accommodate frequent
floods and a secondary surface system to accommodate larger, less
frequent floods. Drainage plans shall be consistent with local and
regional drainage plans. The facilities shall be designed to prevent
the discharge of excess runoff onto adjacent properties.
D.Â
Utilities. All utilities, such as gas lines, electrical
and telephone systems being placed in flood-prone areas should be
located, elevated (where possible) and constructed to minimize the
chance of impairment during a flooding occurrence.
E.Â
Streets and sidewalks. Streets and sidewalks should
be designed to minimize their potential for increasing and aggravating
the levels of flood flow. Drainage openings shall be required to sufficiently
discharge flood flows without unduly increasing flood heights.
F.Â
Septic drainfields. All septic drainfields shall meet
standards set forth in the Virginia Health Department's Sewage Handling
and Disposal Regulations or the following standards, whichever are
the more restrictive:
[Added 10-11-1994; amended 6-25-2002 by Ord. No. 02-11]
(1)Â
No drainfield shall be located within the floodplain
district as shown on Floodplain Maps adopted under the Zoning Ordinance
unless documented attempts to obtain a site out of the floodplain
district have been unsuccessful.
(2)Â
For drainfields having any portion within 100 feet
of the edge of the stream or river:
(a)Â
The sewage disposal system shall be designed
using enhanced flow distribution.
(b)Â
No drainfield on a lot created after October
1, 1978, shall be located closer than 200 feet to another drainfield.
(c)Â
No portion of any drainfield shall be located
closer than 50 feet to the edge of a stream, river, or sinkhole.
(d)Â
The minimum separation from the bottom of the
drainfield trench to the water table shall be 24 inches.
(e)Â
Sewage entering the drainfield shall be pretreated
by either a recirculating sand filter or an intermittent sand filter
constructed according to the plans and specifications in Virginia
Health Department regulations (GMP-33 or the most current regulations)
as modified by the following standards:
(3)Â
For drainfields located in their entirety more than
100 feet from the edge of the stream or river but wholly or partially
within the floodplain district:
(a)Â
The minimum separation from the bottom of the
drainfield trench to the water table shall be as follows:
|
Minimum Separation Distances to Water
Table
| ||||
|---|---|---|---|---|
|
Separation Distance
(inches)
| ||||
|
Soil
Texture
Group
|
Percolation Rate
(minutes per inch)
|
Without
Treatment
|
With
Treatment1
| |
|
Group I
|
1 to 16
|
24
|
18
| |
|
Group II
|
17 to 45
|
18
|
12
| |
|
Group III
|
46 to 90
|
18
|
12
| |
|
Group IV
|
90 to 120
|
18
|
12
| |
|
1Pretreatment in
this context refers to sewage that has been treated to reduce both
BOD and suspended solids to 30 milligrams per liter or less.
|
(4)Â
For all drainfields located within any portion of
the floodplain district:
(a)Â
The minimum depth from the ground surface to
the bottom of the drainfield trench shall be 18 inches.
(b)Â
Sewage disposal systems shall be designed so
that the nitrate concentration of treated effluent at the adjacent
river or stream does not exceed five milligrams per liter. Mounding
and nitrate concentration calculations shall be submitted with the
permit application to the Health Department when the proposed system
and adjacent systems are within 200 feet of each other and would treat
more than a combined total of 1,000 gallons per day.
(c)Â
A permit shall be obtained from the State Health
Department.
A.Â
In passing upon applications for variances or appeals to the provisions of this article, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in §§ 165-107 through 165-113 of this chapter. In addition the following factors shall also be considered:
(1)Â
The danger to life and property due to increased flood
heights or velocities caused by encroachments. No variance shall be
granted for any proposed use, development or activity within any floodway
district that will cause any increase in the one-hundred-year-flood
elevation.
(2)Â
The danger that materials may be swept on to other
lands or downstream to the injury of others.
(3)Â
The proposed water supply and sanitation systems and
the ability of these systems to prevent disease, contamination and
unsanitary conditions.
(4)Â
The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the individual
owners.
(5)Â
The importance of the services provided by the proposed
facility to the community.
(6)Â
The requirements of the facility for a waterfront
location.
(7)Â
The availability of alternative locations not subject
to flooding for the proposed use.
(8)Â
The compatibility of the proposed use with existing
development and development anticipated in the foreseeable future.
(9)Â
The relationship of the proposed use to the Comprehensive
Plan and floodplain management program for the area.
(10)Â
The safety of access by ordinary and emergency
vehicles to the property in time of flood.
(11)Â
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters expected at the
site.
(12)Â
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 a historic structure
and the variance is the minimum necessary to preserve the historic
character and design of the structure.
(13)Â
Such other factors which are relevant to the
purposes of this article.
B.Â
The Board of Zoning Appeals may refer any application
and accompanying documentation pertaining to any request for a variance
to any engineer or other qualified person or agency for technical
assistance in evaluating the proposed project in relation to flood
heights and velocities, and the adequacy of the plans for flood protection
and other related matters. The expense of any additional technical
assistance that may be required by the Board of Zoning Appeals shall
be the responsibility of the applicant.
C.Â
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, additional
threats to public safety, extraordinary public expense, and will not
create nuisances, cause fraud or victimization of the public, or conflict
with local laws or ordinances.
D.Â
Variances will be issued only after the Board of Zoning
Appeals has determined that variance will be the minimum required
to provide relief from any hardship to the applicant.
E.Â
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 one-hundred-year-flood elevation increases the
risks to life and property and will result in increased premium rates
for flood insurance.
F.Â
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 which are issued shall be noted in
the annual or biennial report submitted to the Federal Insurance Administrator.
A structure or use of a structure or premises
which lawfully existed before the enactment of these provisions, but
which is not in conformity with these provisions, may be continued
subject to the following conditions:
A.Â
Existing structures in the floodway district shall
not be expanded or enlarged unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed expansion would not result
in any increase in the one-hundred-year-flood elevation.
B.Â
Any modifications, alteration, repair, reconstruction
or improvement of any kind to a structure and/or use located in any
floodplain area to an extent or amount of less than 50% of its market
value, shall be elevated and/or floodproofed to the greatest extent
possible.
C.Â
The modification, alteration, repair, reconstruction
or improvement of any kind to a structure and/or use, regardless of
its location in a floodplain area, to an extent or amount of 50% or
more of its market value shall be undertaken only in full compliance
with the provisions of this article and the Virginia Uniform Statewide
Building Code.[1]
