In order to implement all purposes and provisions
of this chapter, the lands within the corporate limits of the Town
of Hillsville, Virginia, are divided into the following districts,
the purposes of which are as follows.
The A-1 Agricultural/Residential District includes
the sparsely developed land of the town in which the principal use
is currently used for low-density agricultural and residential purposes.
The regulations of this district are designed to protect the agricultural
sections of the community from an influx of uses likely to render
them undesirable for farms and future development. The district is
primarily a transitional agricultural area. This zone is established
for the specific purpose of:
A.
Providing for the orderly expansion of urban development
into predominantly agricultural territory within the incorporated
areas.
B.
Confining such development to such locations as can
feasibly be supplied urban-type facilities.
C.
Discouraging the random scattering of residential,
commercial and industrial uses into the area.
A.
The residential districts established in this chapter
are designed to promote and protect the health, safety and general
welfare by encouraging the following goals for growth:
(1)
Provide sufficient space in appropriate locations
for residential developments to adequately meet the housing needs
of the present and expected future population and provide a variety
of choices in site selections.
(2)
Permit improved movement on the public ways and effectively
utilize existing public ways and, as far as possible, mitigate the
effects of heavy traffic and, more particularly, all through traffic
in residential areas.
(3)
Protect residential areas against flood, fire, explosions
and other dangers and objectionable influences.
(4)
Protect residential areas against undue congestion,
as far as possible, by regulating the density of population, the intensity
of activity and the bulk of buildings in relation to the surrounding
land and to one another, and by providing for off-street parking spaces
for automotive vehicles.
(5)
Provide for access of light and air to windows and
for privacy, as far as possible, by controls over the height of buildings
and structures.
(6)
Provide appropriate space for public and private educational,
religious, recreational and similar facilities and public utilities
which serve the needs of nearby residents and which do not create
objectionable influences; and coordinate the intensity of residential
land use with the appropriate community facilities.
(7)
Provide the most desirable use of land in accordance
with the Comprehensive Plan in order to protect the character of residential
neighborhoods, conserve the value of land and buildings and protect
the community's tax revenues.
B.
Medium-Density Residential District. This district
is designed to provide suitable areas for medium-density residential
development in areas where necessary community services and facilities
are provided or where the extension of these facilities is physically
and economically feasible. This district will be characterized generally
by single-family dwellings with other type dwellings located where
community services and facilities are adequate to meet all demands.
This district also includes community facilities, public utilities
and open spaces which serve the residents of these districts. It is
the express purpose of this chapter to exclude in this district all
buildings or other structures and uses having commercial characteristics,
whether operated for profit or otherwise, except that conditional
uses and home occupations specifically provided for in these regulations
shall be permitted if they otherwise conform to the provisions of
this chapter.
C.
Multifamily Residential District. This district is
designed to provide suitable areas for high-density residential development
where necessary community services and facilities are available or
where the extension of these facilities is physically and economically
feasible. It is the intent of this district to allow multiple dwelling
units in a building, provided that there is sufficient lot area and
open space in the lot relative to the number of dwelling units. This
district also includes community facilities, public utilities and
open spaces which serve the residents of the district. It is the express
purpose of this chapter to exclude from the district all buildings
or other structures and uses having commercial characteristics, whether
operated for profit or otherwise, except that conditional uses and
home occupations specifically provided for in these regulations shall
be permitted if they otherwise conform to the provisions of this chapter.
D.
MHP Mobile Home Park Residential District. This district
is designed to provide suitable areas for mobile home park residential
development where appropriate community services and facilities are
provided or where the extension of such facilities will be physically
and economically feasible. This district will be characterized by
single-family mobile home dwellings in mobile home parks, and accessory
structures. This district will also include community facilities,
public utilities and open spaces which serve the residents of the
district. Home occupations specifically provided for in these regulations
shall be permitted if they otherwise conform to the provisions of
this chapter.
A.
The commercial districts established by this chapter
are designed to promote and protect the health, safety and general
welfare by encouraging the following goals for growth:
(1)
Provide sufficient space for the many and diverse
types of commercial activity needed to serve the people and industry
of Hillsville.
(2)
Promote the improvement and orderly growth of the
existing well-located commercial centers.
(3)
Protect adjacent residential areas from offensive
and detrimental influences.
(4)
Promote the most efficient and desirable land use.
B.
NC Neighborhood Commercial District. This district
is designed to provide a limited variety of goods and services for
the immediate residential neighborhood. It is not intended that this
district permit uses which generate large volumes of traffic. Adequate
buffers and appropriate open spaces between commercial and residential
areas are required to protect the integrity of residential neighborhoods.
C.
CC Core Commercial District. This district is designed
to provide for a wide range of retail, office, amusement and service
uses normally found in a central business district. High intensity
of use is permitted in this district, and increased building bulk
is provided as a means of encouraging such development. This district
is intended to be designed in a manner conducive to and safe for a
high volume of pedestrian traffic.
D.
GC General Commercial District. This district is designed
to provide adequate space in appropriate locations for the establishment
of a wide variety of uses, including commercial trades and services,
entertainment facilities, offices and establishments engaged in wholesale
trade. Since these activities tend to generate relatively large volumes
of traffic and have other characteristics detrimental to residential
districts, their locations should be removed from the proximity of
residential districts as much as possible.
A.
The industrial district established by this chapter
is designed to promote and protect the health, safety and general
welfare by encouraging the following goals for growth:
(1)
Provide sufficient space in appropriate locations
which are adequately served by community facilities to meet the needs
for industrial expansion in Hillsville.
(2)
Encourage industrial development which is free from
hazards to the public health and which is environmentally safe and
nonpolluting.
(3)
Protect industrial activities against congestion,
encroachment from incompatible land uses and other adverse characteristics.
(4)
Protect adjacent residential and commercial areas
from incompatible land uses and offensive influences.
(5)
Promote the most efficient and desirable use of land.
B.
In accordance with these goals, this district is designed
to provide space for a limited range of industrial uses which have
high performance standards and the least objectionable characteristics.
In this district all industrial operations shall be carried on within
completely enclosed neighboring properties. Residential uses are excluded
from this district. Only those community facility and commercial uses
which are essential to provide needed services for industry are permitted
in this district.
[Added 5-10-2004]
The L Landfill District established by this
chapter is designed to provide for the controlled and orderly disposal
of waste from residents of the Town of Hillsville and surrounding
areas by:
A.
Providing sufficient space in appropriate locations
to meet the waste disposal needs of the residents of the Town and
surrounding areas.
B.
Protecting adjacent residential and commercial areas
from incompatible land uses, offensive influences and other adverse
characteristics.
C.
Promoting the most efficient and desirable use of
land.
[Added 6-14-2004[1]; amended 6-9-2008]
A.
General provisions.
(1)
Purpose. 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)
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;
(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; and
(d)
Protecting individuals from buying land and
structures which are unsuited for intended purposes because of flood
hazards.
(2)
Applicability. These provisions shall apply to all
lands within the jurisdiction of Hillsville and identified as being
in the one-hundred-year floodplain by the Federal Insurance Administration.
(3)
Compliance and liability.
(a)
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.
(b)
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.
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.
(c)
Records of actions associated with administering
this section shall be kept on file and maintained by the Town Manager.
(d)
This section shall not create liability on the
part of Hillsville or any officer or employee thereof for any flood
damages that result from reliance on this section or any administrative
decision lawfully made thereunder.
(4)
Abrogation and greater restrictions. This section
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 section.
(5)
Severability. If any section, subsection, paragraph,
sentence, clause, or phrase of this section shall be declared invalid
for any reason whatever, 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.
B.
BASE FLOOD
BASE FLOOD ELEVATION
BASEMENT
BOARD OF ZONING APPEALS
DEVELOPMENT
ELEVATED BUILDING
ENCROACHMENT
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODWAY
FREEBOARD
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
SHALLOW FLOODING AREA
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
WATERCOURSE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The Federal Emergency Management Agency designated one-hundred-year
water surface elevation.
Any area of the building having its floor subgrade (below
ground level) 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.
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.
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)(a) of this definition.
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 base flood
without cumulatively increasing the water surface elevation more than
a designated height.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization in the watershed.
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 the structure in violation
of the applicable nonelevation design requirements of Federal Code
44 CFR 60.3.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles
placed one a site for greater than 180 consecutive days.
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 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 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:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projection;
Designed to be self-propelled or permanently
towable by a light duty truck; and
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational camping,
travel, or seasonal use.
A special flood hazard area with base flood depths from one
to three feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable and indeterminate, and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
The land in the floodplain subject to a one-percent or greater chance of being flooded in any given year as determined in Subsection C(2) of this section.
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.
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 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.
C.
Establishment of zoning districts.
(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) and the
Flood Insurance Rate Maps for Carroll County and the Town of Hillsville
prepared by the Federal Emergency Management Agency, Federal Insurance
Administration, dated August 28, 2008, as amended.
[1]
The Approximated Floodplain District shall be
those areas identified as an A or A99 Zone on the maps accompanying
the Flood Insurance Study. In these zones, no detailed flood profiles
or elevations are provided, but the one-hundred-year floodplain boundary
has been approximated.
[2]
The Shallow Flooding District shall be those
areas identified as Zone AO or AH on the maps accompanying the Flood
Insurance Study.
(b)
Overlay concept.
[1]
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]
If there is any conflict between the provisions
or requirements of the Floodplain Districts and those of any underlying
district, the more restrictive provisions and/or those pertaining
to the Floodplain Districts shall apply.
[3]
In the event any provision concerning a Floodplain
District is declared inapplicable as a result of any legislative or
administrative actions or judicial decision, the basic underlying
provisions shall remain applicable.
(2)
Official Zoning Map. The boundaries of the Special
Flood Hazard Area and Floodplain Districts are established as shown
on the Flood Boundary and Floodway Map and/or Flood Insurance Rate
Map which is declared to be a part of this section and which shall
be kept on file at the Town of Hillsville offices.
(3)
District boundary changes. The delineation of any
of the Floodplain Districts may be revised by the Town of Hillsville
where natural or man-made changes have occurred and/or where more
detailed studies have been conducted or undertaken by the U.S. Army
Corps of Engineers or other qualified agency, or an individual documents
the need for such change. However, prior to any such change, approval
must be obtained from the Federal Insurance Administration.
(4)
Interpretation of district boundaries. Initial interpretations
of the boundaries of the Floodplain Districts shall be made by the
Zoning Officer. 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.
D.
District provisions.
(1)
Permit and application requirements.
(a)
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
section and with all other applicable codes and ordinances, such as
the VA USBC, as amended, and the Town of Hillsville Subdivision Regulations.[2] 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.
(b)
Site plans and permit applications. All applications
for development within any Floodplain District and all building permits
issued for the floodplain shall incorporate the following information:
(2)
General standards. In all special flood hazard areas,
the following provisions shall apply:
(a)
New construction and substantial improvements
shall be according to the VA USBC, and shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
(b)
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.
(c)
New construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
(d)
New construction or substantial improvements
shall be constructed by methods and practices that minimize flood
damage.
(e)
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.
(f)
New and replacement water supply systems shall
be designed to minimize or eliminate infiltration of flood waters
into the system.
(g)
New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters.
(h)
On-site waste disposal systems shall be located
and constructed to avoid impairment to them or contamination from
them during flooding.
(i)
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.
(j)
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.
(k)
In riverine situations, adjacent communities
and the Department of Conservation and Recreation (Department of Floodplain
Management) shall be notified prior to any alteration or relocation
of a watercourse, and copies of such notifications shall be submitted
to FEMA.
(l)
The flood-carrying capacity within an altered
or relocated portion of any watercourse shall be maintained.
(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 Subsection D(4)(a), the following provisions shall apply:
(a)
Residential construction. New construction or
substantial improvement of any residential structure (including manufactured
homes) shall have the lowest floor, including basement, elevated no
lower than two feet above the base flood elevation.
(b)
Nonresidential construction. New construction
or substantial improvement of any commercial, industrial, or non-residential
building (or manufactured home) shall have the lowest floor, including
basement, elevated to no lower than two feet above the base flood
elevation. Buildings located in all A1-30, AE, and AH zones may be
floodproofed in lieu of being elevated provided that all areas of
the building components below the elevation corresponding to the BFE
plus one foot 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.
(c)
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, AO, AE, and A1-30, 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.
(d)
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 in 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 Subsection D(2)(a) and (b) and D(3)(a).
[2]
Elevation and anchoring.
[a]
All manufactured homes placed or
substantially improved in an existing manufactured home park or subdivision
in which a manufactured home has not incurred substantial damage as
the result of a flood must be elevated so that either:
[b]
The lowest floor of the manufactured
home is elevated no lower than two feet above the base flood elevation;
or
[c]
The manufactured home chassis is
supported by reinforced piers or other foundation elements of at least
equivalent strength that are no less than 36 inches in height above
grade.
[d]
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 days;
[b]
Be fully licensed and ready for
highway use (a recreational vehicle is ready for highway use if it
is on its wheels or jacking system, is attached to the site only by
quick-disconnect type utilities and security devices and has no permanently
attached additions); or
(4)
Standards for approximated floodplain. The following
provisions shall apply within the approximate floodplain district:
(a)
When base flood elevation data or floodway data have not been provided, the Zoning 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 Subsection D. When such base flood elevation data is utilized, the Zoning Administrator shall obtain:
[1]
The elevation (in relation to the mean sea level)
of the lowest floor (including the basement) of all new and substantially
improved structures; and
(5)
Standards for the floodway. The following provisions shall apply within the floodway when it has been identified as in Subsection D(4)(a):
(a)
Encroachments, including fill, new construction,
substantial improvements and other developments are prohibited unless
certification (with supporting technical data) by a registered professional
engineer is provided demonstrating that encroachments shall not result
in any increase in flood levels during occurrence of the base flood
discharge. Development activities which increase the water surface
elevation of the base flood be allowed, provided that the developer
or applicant first applies – with Hillsville's endorsement –
for a conditional Flood Insurance Rate Map and floodway revision,
and receives the approval of the Federal Emergency Management Agency.
(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.
(6)
Standards for subdivision proposals.
(a)
All subdivision proposals shall be consistent
with the need to minimize flood damage;
(b)
All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage;
(c)
All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood hazards; and
(d)
Base flood elevation data shall be provided
for subdivision proposals and other proposed development proposals
(including manufactured home parks and subdivisions) that exceed 50
lots or five acres, whichever is the lesser.
E.
Variance 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:
(a)
The showing of good and sufficient cause.
(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 District that will cause any increase in the one-hundred-year
flood elevation.
(c)
The danger that materials maybe 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 of the facility for 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 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 flood waters 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 a 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.
(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; 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.
(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 one-hundred-year flood elevation increases the
risks to life and property; and will result in increased premium rates
for flood insurance.
(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.
F.
Existing structures in floodplain areas. 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:
(1)
Existing structures in the Floodway Area shall not
be expanded or enlarged unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineering
practices that the proposed expansion would not result in any increase
in the base flood elevation.
(2)
Any modification, alteration, repair, reconstruction,
or improvement of any kind to a structure and/or use located in any
flood plain areas to an extent or amount of less than 50% of its market
value shall conform to the VA USBC.
(3)
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 this section and shall require the entire structure to conform
to the VA USBC.
[1]
Editor's Note: This ordinance also repealed
former § 171-38, F-1 Flood Hazard District (overlay), as amended
11-11-1996.
