Any structure or use of a structure or premises must be brought
into conformity with these provisions when it is changed, repaired,
or improved unless one of the following exceptions is established
before the change is made:
A. The floodplain manager has determined that:
(1)
Change is not a substantial repair or substantial improvement;
and
(2)
No new square footage is being built in the floodplain that
is not compliant; and.
(3)
No new square footage is being built in the floodway; and
(4)
The change complies with this article and the VA USBC.
B. The changes are required to comply with a citation for a health or
safety violation.
C. The structure is a historic structure and the change required would
impair the historic nature of the structure.
As used in this article, the following terms shall have the
meanings indicated:
APPURTENANT OR ACCESSORY STRUCTURE
A nonresidential structure which is on the same parcel of
property as the principal structure and the use of which is incidental
to the use of the principal structure.
BASE FLOOD
The flood having a 1% chance of being equalled or exceeded
in any given year.
BASE FLOOD ELEVATION
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 article, the base flood is the 1% annual
chance flood.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BOARD OF ZONING APPEALS
The Board appointed to review appeals made by individuals
with regard to decisions of the Zoning Administrator in the interpretation
of this article.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, temporary
structures, mining, dredging, filling, grading, paving, excavation,
drilling or other land disturbing activities or permanent or temporary
storage of equipment or materials.
ELEVATED BUILDING
A nonbasement building built to have the lowest floor elevated
above the ground level by means of solid foundation perimeter walls,
pilings, or columns (posts and piers).
ENCROACHMENT
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.
EXISTING CONSTRUCTION
For the purposes of the insurance program, structures for
which the start of construction commenced before the effective date
of the FIRM or before January 1, 1975, for FIRMs effective before
that date. "Existing construction" may also be referred to as "existing
structures" and "pre-FIRM."
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the special hazard areas and
the risk premium zones applicable to the community. A FIRM that has
been made available digitally is called a Digital Flood Insurance
Rate Map (DFIRM).
FLOOD INSURANCE STUDY (FIS)
A report by FEMA that examines, evaluates and determines
flood hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of mudflow and/or
flood-related erosion hazards.
FLOOD or FLOODING
A.
A general or temporary condition of partial or complete inundation
of normally dry land areas from:
(1)
The overflow of inland or tidal waters; or
(2)
The unusual and rapid accumulation or runoff of surface waters
from any source.
(3)
Mudflows which are proximately caused by flooding as defined
in Subsection A(2) of this definition and are akin to a river of liquid
and flowing mud on the surfaces of normally dry land areas, as when
earth is carried by a current of water and deposited along the path
of the current.
B.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in Subsection A(1) of this definition.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot at any point within the community.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization in the watershed.
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. This term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and shipbuilding and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
C.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS
Analyses performed by a licensed professional engineer, in
accordance with standard engineering practices that are accepted by
the Virginia Department of Conservation and Recreation and FEMA, used
to determine the base flood, other frequency floods, flood elevations,
floodway information and boundaries, and flood profiles.
LETTERS OF MAP CHANGE (LOMC)
A letter of map change is an official FEMA determination,
by letter, that amends or revises an effective Flood Insurance Rate
Map or Flood Insurance Study. Letters of map change include:
A.
LETTER OF MAP AMENDMENT (LOMA)An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a land as defined by meets and bounds or structure is not located in a special flood hazard area.
B.
LETTER OF MAP REVISION (LOMR)A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A letter of map revision based on fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.
C.
CONDITIONAL LETTER OF MAP REVISION (CLOMR)A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study.
LOWEST ADJACENT GRADE
The lowest natural elevation of the ground surface next to
the walls of a structure.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor; provided, that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of 44 CFR 60.3.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes the term "manufactured home" also includes
park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or the North American
Vertical Datum (NAVD) of 1988 to which base flood elevations shown
on a community's FIRM are referenced.
NEW CONSTRUCTION
For the purposes of determining insurance rates, structures
for which the start of construction commenced on or after October
23, 1981, the date of the community's initial Flood Insurance Rate
Map, 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.
POST-FIRM STRUCTURES
A structure for which construction or substantial improvement
occurred on or after October 23, 1981, the date of the community's
initial Flood Insurance Rate Map.
PRE-FIRM STRUCTURES
A structure for which construction or substantial improvement
occurred before October 23, 1981, the date of the community's initial
Flood Insurance Rate Map.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured at the largest
horizontal projection;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
D.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational camping, travel, or seasonal
use.
REPETITIVE LOSS STRUCTURE
A building covered by a contract for flood insurance that
has incurred flood-related damages on two occasions in a ten-year
period, in which the cost of the repair, on the average, equalled
or exceeded 25% of the market value of the structure at the time of
each such flood event; and at the time of the second incidence of
flood-related damage, the contract for flood insurance contains increased
cost of compliance coverage.
SEVERE REPETITIVE LOSS STRUCTURE
A structure that: a) is covered under a contract for flood
insurance made available under the NFIP; and (b) has incurred flood
related damage, i) for which four or more separate claims payments
have been made under flood insurance coverage with the amount of each
such claim exceeding $5,000, and with the cumulative amount of such
claims payments exceeding $20,000; or ii) for which at least two separate
claims payments have been made under such coverage, with the cumulative
amount of such claims exceeding the market value of the insured structure.
SHALLOW FLOODING AREA
A special flood hazard area with base flood depths from one
feet 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.
START OF CONSTRUCTION
For other than new construction and substantial improvement,
under the Coastal Barrier Resources Act (P.L. 97-348), means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, substantial improvement or other improvement
was within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of the construction means the first alteration of
any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of
the building.
STRUCTURE
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally aboveground,
as well as a manufactured home.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to it's before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred
SUBSTANTIAL IMPROVEMENT
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.
The term does not, however, include either:
A.
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
B.
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
C.
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined above must comply
with all ordinance requirements that do not preclude the structure's
continued designation as a historic structure. Documentation that
a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
VIOLATION
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
this article is presumed to be in violation until such time as that
documentation is provided.
WATERCOURSE
A lake, river, creek, stream, wash, channel or other topographic
feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood
damage may occur.