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.
D. 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 City and
identified as being in the one-hundred-year floodplain by the Federal
Emergency Management Agency.
This article supersedes any article currently in effect in flood-prone
districts. However, any underlying section shall remain in full force
and effect to the extent that its provisions are more restrictive
than this article.
The boundaries of the floodplain districts are established as
shown on the Flood Insurance Rate Map which is declared to be a part
of this article and which shall be kept on file in the office of the
Zoning Administrator.
The delineation of any of the floodplain districts may be revised
by the City Council 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 a change. However, prior
to any such change, approval must be obtained from the Federal Emergency
Management Agency.
Initial interpretations of the boundaries 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/her case to the Board
and to submit his/her own technical evidence if he/she so desires.
In the floodway district, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in the one-hundred-year flood elevation.
The following uses and activities are permitted, provided that
they are in compliance with the provisions of the underlying area
and are not prohibited by any other ordinance and provided that they
do not require structures, fill, or storage of materials and equipment:
A. Public and private recreational uses and activities, such as parks,
day camps, picnic grounds, golf courses, boat launching and swimming
areas, horseback riding and hiking trails, wildlife and nature preserves,
game farms, fish hatcheries, trap and skeet game ranges, and hunting
and fishing areas.
B. Accessory residential uses, such as yard areas, gardens, play areas
and pervious loading areas.
C. Accessory industrial and commercial uses, such as yard areas, pervious
parking and loading areas, airport landing strips, etc.
A structure or use of a structure or premises which lawfully
existed before the enactment of these provisions, but which is not
in conformity with these provisions, may be continued subject to the
following conditions:
A. Existing structures in the floodway 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. Any modification, 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. 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.