[Amended 8-12-1992; 12-14-1994; 8-12-2009; 4-23-2014; 1-13-2021]
This ordinance is adopted pursuant to the authority granted
to localities by Va. Code § 15.2-2280 and is designed to
provide for safety from flood, to facilitate the provision of flood
protection, and to protect against loss of life, health, or property
from flood.
The purpose of these provisions is to prevent the loss of life
and property, the creation of health and safety hazards, the 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.
These provisions shall apply to all privately and publicly owned
lands within the jurisdiction of Frederick County and identified as
areas of special flood hazard according to the Flood Insurance Rate
Map (FIRM) or included in the Flood Insurance Study (FIS) that are
provided to Frederick County by FEMA.
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 chapter
and any other applicable regulations which apply to uses within the
jurisdiction of this chapter.
B.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study, but does not imply total flood protection.
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 chapter 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.
This chapter shall not create liability on the part of Frederick
County or any officer or employee thereof for any flood damages that
result from reliance on this chapter or any administrative decision
lawfully made thereunder.
Records of actions associated with administering this Part 702
shall be kept on file and maintained by or under the direction of
the Floodplain Administrator in perpetuity.
A.
To the extent that the provisions are more restrictive, this Part
702 supersedes any ordinance currently in effect in flood-prone districts.
To the extent that any other existing law or regulation is more restrictive
or does not conflict it shall remain in full force and effect.
B.
These regulations are not intended to repeal or abrogate any existing
ordinances, including subdivision regulations, zoning ordinances,
or building codes. In the event of a conflict between these regulations
and any other ordinance, the more restrictive shall govern.
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatever,
such decision shall not affect the remaining portions of this chapter.
The remaining portions shall remain in full force and effect; and,
for this purpose, the provisions of this chapter are hereby declared
to be severable.
A.
Designation of the Floodplain Administrator. The Zoning Administrator
is hereby appointed to administer and implement these regulations
and is referred to herein as the Floodplain Administrator. The Floodplain
Administrator may:
(1)
Do the work themselves. In the absence of a designated Floodplain
Administrator, the duties are conducted by the Frederick County Planning
Director.
(2)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees.
(3)
Enter into a written agreement or written contract with another
locality or private sector entity to administer specific provisions
of these regulations. Administration of any part of these regulations
by another entity shall not relieve the County of its responsibilities
pursuant to the participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations at 44 CFR
59.22.
B.
Duties and responsibilities of the Floodplain Administrator. The
duties and responsibilities of the Floodplain Administrator shall
include but are not limited to:
(1)
Review applications for permits to determine whether proposed
activities will be located in the special flood hazard area (SFHA).
(2)
Interpret floodplain boundaries and provide available base flood
elevation and flood hazard information.
(3)
Review applications to determine whether proposed activities
will be reasonably safe from flooding and require new construction
and substantial improvements to meet the requirements of these regulations.
(4)
Review applications to determine whether all necessary permits
have been obtained from the federal, state or local agencies from
which prior or concurrent approval is required; in particular, permits
from state agencies for any construction, reconstruction, repair,
or alteration of a dam, reservoir, or waterway obstruction (including
bridges, culverts, structures), any alteration of a watercourse, or
any change of the course, current, or cross section of a stream or
body of water, including any change to the 100-year frequency floodplain
of freeflowing, nontidal waters of the state.
(5)
Verify that applicants proposing an alteration of a watercourse
have notified adjacent communities, the Department of Conservation
and Recreation (Division of Dam Safety and Floodplain Management),
and other appropriate agencies (VADEQ, U.S. Army Corps of Engineers)
and have submitted copies of such notifications to FEMA.
(6)
Approve applications and issue permits to develop in flood hazard
areas if the provisions of these regulations have been met or disapprove
applications if the provisions of these regulations have not been
met.
(7)
Inspect, or cause to be inspected, buildings, structures, and
other development for which permits have been issued to determine
compliance with these regulations or to determine if noncompliance
has occurred or violations have been committed.
(8)
Review elevation certificates and require incomplete or deficient
certificates to be corrected.
(9)
Submit to FEMA, or require applicants to submit to FEMA, data
and information necessary to maintain FIRMs, including hydrologic
and hydraulic engineering analyses prepared by or for Frederick County,
within six months after such data and information becomes available
if the analyses indicate changes in base flood elevations.
(10)
Maintain and permanently keep records that are necessary for
the administration of these regulations, including:
(a)
Flood Insurance Studies, Flood Insurance Rate Maps
(including historic studies and maps and current effective studies
and maps) and Letters of Map Change; and
(b)
Documentation supporting issuance and denial of
permits, elevation certificates, documentation of the elevation (in
relation to the datum on the FIRM) to which structures have been floodproofed,
other required design certifications, variances, and records of enforcement
actions taken to correct violations of these regulations.
(11)
Enforce the provisions of these regulations, investigate violations,
issue notices of violations or stop-work orders, and require permit
holders to take corrective action.
(12)
Advise the Board of Zoning Appeals regarding the intent of these
regulations and, for each application for a variance, prepare a staff
report and recommendation.
(13)
Administer the requirements related to proposed work on existing
buildings:
(a)
Make determinations as to whether buildings and
structures that are located in special flood hazard areas and that
are damaged by any cause have been substantially damaged.
(b)
Make reasonable efforts to notify owners of substantially
damaged structures of the need to obtain a permit to repair, rehabilitate,
or reconstruct, and prohibit the noncompliant repair of substantially
damaged buildings except for temporary emergency protective measures
necessary to secure a property or stabilize a building or structure
to prevent additional damage.
(14)
Undertake, as determined appropriate by the Floodplain Administrator
due to the circumstances, other actions which may include but are
not limited to, issuing press releases, public service announcements,
and other public information materials related to permit requests
and repair of damaged structures; coordinating with other federal,
state, and local agencies to assist with substantial damage determinations;
providing owners of damaged structures information related to the
proper repair of damaged structures in special flood hazard areas;
and assisting property owners with documentation necessary to file
claims for increased cost of compliance coverage under NFIP flood
insurance policies.
(15)
Notify the Federal Emergency Management Agency when the boundaries
of Frederick County have been modified and:
(a)
Provide a map that clearly delineates the new corporate
boundaries or the new area for which the authority to regulate pursuant
to these regulations has either been assumed or relinquished through
annexation; and
(b)
If the FIRM for any annexed area includes special
flood hazard areas that have flood zones that have regulatory requirements
that are not set forth in these regulations, prepare amendments to
these regulations to adopt the FIRM and appropriate requirements,
and submit the amendments to the governing body for adoption; such
adoption shall take place at the same time as or prior to the date
of annexation, and a copy of the amended regulations shall be provided
to the Department of Conservation and Recreation (Division of Dam
Safety and Floodplain Management) and FEMA.
(16)
Upon the request of FEMA, complete and submit a report concerning
participation in the NFIP which may request information regarding
the number of buildings in the SFHA, number of permits issued for
development in the SFHA, and number of variances issued for development
in the SFHA.
(17)
It is the duty of the Floodplain Administrator to take into
account flood, mudslide and flood-related erosion hazards, to the
extent that they are known, in all official actions relating to land
management and use throughout the entire jurisdictional area of the
County, whether or not those hazards have been specifically delineated
geographically (e.g., via mapping or surveying).
C.
Use and interpretation of FIRMs. The Floodplain Administrator shall
make interpretations, where needed, as to the exact location of special
flood hazard areas, floodplain boundaries, and floodway boundaries.
The following shall apply to the use and interpretation of FIRMs and
data:
(1)
Where field-surveyed topography indicates that adjacent ground
elevations:
(a)
Are below the base flood elevation, even in areas not delineated
as a special flood hazard area on the FIRM, the area shall be considered
as a special flood hazard area and subject to the requirements of
these regulations;
(b)
Are above the base flood elevation and the area is labelled
as an SFHA on the FIRM, the area shall be regulated as a special flood
hazard area, unless the applicant obtains a Letter of Map Change that
removes the area from the SFHA.
(2)
In FEMA-identified special flood hazard areas where base flood
elevation and floodway data have not been identified and in areas
where FEMA has not identified SFHAs, any other flood hazard data available
from a federal, state, or other source shall be reviewed and reasonably
used.
(3)
Base flood elevations and designated floodway boundaries on
FIRMs and in Flood Insurance Studies shall take precedence over base
flood elevations and floodway boundaries by any other sources if such
sources show reduced floodway widths and/or lower base flood elevations.
(4)
Other sources of data shall be reasonably used if such sources
show increased base flood elevations and/or larger floodway areas
than are shown on FIRMs and in Flood Insurance Studies.
(5)
If a preliminary Flood Insurance Rate Map and/or a preliminary
Flood Insurance Study has been provided by FEMA:
(a)
Upon the issuance of a Letter of Final Determination by FEMA,
the preliminary flood hazard data shall be used and shall replace
the flood hazard data previously provided from FEMA for the purposes
of administering these regulations.
(b)
Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to § 165-702.11C(3), and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.
(c)
Prior to issuance of a Letter of Final Determination by FEMA,
the use of preliminary flood hazard data is permitted where the preliminary
base flood elevations or floodway areas exceed the base flood elevations
and/or designated floodway widths in existing flood hazard data provided
by FEMA. Such preliminary data may be subject to change and/or appeal
to FEMA.
A.
The County floodplain ordinance in effect on the date of annexation
shall remain in effect and shall be enforced by the municipality for
all annexed areas until the municipality adopts and enforces an ordinance
which meets the requirements for participation in the National Flood
Insurance Program. Municipalities with existing floodplain ordinances
shall pass a resolution acknowledging and accepting responsibility
for enforcing floodplain ordinance standards prior to annexation of
any area containing identified flood hazards. If the FIRM for any
annexed area includes special flood hazard areas that have flood zones
that have regulatory requirements that are not set forth in these
regulations, the governing body shall prepare amendments to these
regulations to adopt the FIRM and appropriate requirements, and submit
the amendments to the governing body for adoption; such adoption shall
take place at the same time as or prior to the date of annexation,
and a copy of the amended regulations shall be provided to the Department
of Conservation and Recreation (Division of Dam Safety and Floodplain
Management) and FEMA.
B.
In accordance with the Code of Federal Regulations, Title 44, Part
59, Subpart B, Section 59.22(a)(9)(v), all NFIP participating communities
must notify the Federal Insurance Administration and, optionally,
the State Coordinating Office in writing whenever the boundaries of
the County have been modified by annexation or the County has otherwise
assumed or no longer has authority to adopt and enforce floodplain
management regulations for a particular area.
C.
In order that all Flood Insurance Rate Maps accurately represent
the County's boundaries, a copy of a map of the County suitable for
reproduction, clearly delineating the new corporate limits or new
area for which the County has assumed or relinquished floodplain management
regulatory authority must be included with the notification.
The County's base flood elevations may increase or decrease
resulting from physical changes affecting flooding conditions. As
soon as practicable, but not later than six months after the date
such information becomes available, the County shall notify the Federal
Emergency Management Agency of the changes by submitting technical
or scientific data. The County may submit data via an LOMR. Such a
submission is necessary so that upon confirmation of those physical
changes affecting flooding conditions, risk premium rates and floodplain
management requirements will be based upon current data.
When development in the floodplain will cause or causes a change
in the base flood elevation, the applicant, including state agencies,
must notify FEMA by applying for a Conditional Letter of Map Revision
and then a Letter of Map Revision. Examples may include, but are not
limited to:
A.
Any development that causes a rise in the base flood elevations within
the floodway.
B.
Any development occurring in Zones A1-30 and AE without a designated
floodway, which will cause a rise of more than one foot in the base
flood elevation.
C.
Alteration or relocation of a stream (including but not limited to
installing culverts and bridges) 44 CFR 65.3 and 65.6(a)(12).
A.
Basis of districts. The various flood hazard districts shall include
the special flood hazard areas. The basis for the delineation of these
districts shall be the Flood Insurance Study and the Flood Insurance
Rate Maps (FIRM) for Frederick County prepared by the Federal Emergency
Management Agency, dated July 17, 1978, and any subsequent revisions
or amendments thereto.
B.
Frederick County may identify and regulate local flood hazard or
ponding areas that are not delineated on the FIRM. These areas may
be delineated on a Local Flood Hazard Map using best available topographic
data and locally derived information such as flood of record, historic
high-water marks, or approximate study methodologies.
C.
The boundaries of the special flood hazard areas are established
as shown on the FIRM which is declared to be a part of this article
and which shall be kept on file at the Frederick County Department
of Planning and Development.
(1)
The Floodway District is in an AE Zone delineated for purposes
of this article using the criteria that certain areas within the floodplain
must be capable of carrying the waters of the one-percent annual chance
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 2 of the above-referenced Flood
Insurance Study and shown on the accompanying Flood Insurance Rate
Maps.
(a)
The following provisions shall apply within the Floodway District
of an AE Zone:
[1]
Within any floodway area, no encroachments, 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 will not result in any increase
in flood levels within the County during the occurrence of the base
flood discharge. 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 Floodplain Administrator.
[2]
Development activities which increase the water
surface elevation of the base flood may be allowed, provided that
the applicant first applies, with Frederick County's endorsement,
for a Conditional Letter of Map Revision (CLOMR), and receives the
approval of the Federal Emergency Management Agency.
[3]
If § 165-702.11C is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 165-702.16 through 165-702.20.
[4]
The placement of manufactured homes (mobile homes)
is prohibited, except in an existing manufactured home (mobile home)
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.
(2)
The AE, or AH Zones on the FIRM accompanying the FIS shall be
those areas for which one-percent annual chance flood elevations have
been provided and the floodway has not been delineated. The following
provisions shall apply within an AE or AH Zone where FEMA has provided
base flood elevations:
(a)
Until a regulatory floodway is designated, no new construction,
substantial improvements, or other development (including fill) shall
be permitted within the areas of special flood hazard, designated
as Zones A1-30 and AE or AH on the 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 within Frederick County.
(b)
Development activities in Zones A1-30 and AE or AH, on the Frederick
County FIRM which increase the water surface elevation of the base
flood by more than one foot may be allowed, provided that the applicant
first applies, with Frederick County's endorsement, for a Conditional
Letter of Map Revision, and receives the approval of the Federal Emergency
Management Agency.
(3)
The A Zone on the FIRM accompanying the FIS shall be those areas
for which no detailed flood profiles or elevations are provided, but
the one-percent annual chance floodplain boundary has been approximated.
For these areas, the following provisions shall apply:
(a)
The approximated floodplain district shall be that floodplain
area for which no detailed flood profiles or elevations are provided,
but where a one-percent annual chance floodplain boundary has been
approximated. Such areas are shown as Zone A on the maps accompanying
the FIS. For these areas, the base flood elevations and floodway information
from federal, state, and other acceptable sources shall be used, when
available. Where the specific one-percent annual chance flood elevation
cannot be determined for this area using other sources of data, such
as the U.S. Army Corps of Engineers Floodplain Information Reports,
U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant
for the proposed use, development and/or activity shall determine
this base flood elevation. For development proposed in the approximate
floodplain the applicant must use technical methods that correctly
reflect currently accepted practices, such as point on boundary, high-water
marks, or detailed methodologies hydrologic and hydraulic analyses.
Studies, analyses, computations, etc., shall be submitted in sufficient
detail to allow a thorough review by the Floodplain Administrator.
(b)
The Floodplain Administrator reserves the right to require a
hydrologic and hydraulic analysis for any development. When such base
flood elevation data is utilized, the lowest floor shall be elevated
to or above the base flood level no lower than one foot above the
base flood elevation.
(c)
During the permitting process, the Floodplain Administrator
shall obtain:
[1]
The elevation of the lowest floor (in relation
to mean sea level), including the basement, of all new and substantially
improved structures; and
[2]
If the structure has been floodproofed in accordance
with the requirements of this article, the elevation (in relation
to mean sea level) to which the structure has been floodproofed.
(d)
Base flood elevation data shall be obtained from other sources
or developed using detailed methodologies comparable to those contained
in an FIS 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.
(4)
The AO Zone on the FIRM accompanying the FIS shall be those
areas of shallow flooding identified as AO on the FIRM. For these
areas, the following provisions shall apply:
(a)
All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated
to or above the flood depth specified on the FIRM, above the highest
adjacent grade at least as high as the depth number specified in feet
on the FIRM. If no flood depth number is specified, the lowest floor,
including basement, shall be elevated no less than two feet above
the highest adjacent grade.
(b)
All new construction and substantial improvements of nonresidential
structures shall:
[1]
Have the lowest floor, including basement, elevated
to or above the flood depth specified on the FIRM, above the highest
adjacent grade at least as high as the depth number specified in feet
on the FIRM. If no flood depth number is specified, the lowest floor,
including basement, shall be elevated at least two feet above the
highest adjacent grade; or
[2]
Together with attendant utility and sanitary facilities
be completely floodproofed to the specified flood level so that any
space below that level is watertight with walls substantially impermeable
to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy.
(c)
Adequate drainage paths around structures on slopes shall be
provided to guide floodwaters around and away from proposed structures.
A.
The floodplain districts described above shall be overlays to the
existing underlying districts as shown on the Official Zoning Ordinance
Maps, and as such, the provisions for the floodplain districts shall
serve as a supplement to the underlying district provisions.
B.
If there is any conflict between the provisions or requirements of
any of the floodplain districts and those of any underlying district,
those pertaining to the floodplain districts shall apply.
C.
In the event that any provision concerning a floodplain district
is declared inapplicable as a result of any legislative or administrative
actions or judicial discretion, the basic underlying district provisions
shall remain applicable.
The boundaries of the special flood hazard area and floodplain
districts are established as shown on the Flood Insurance Rate Map,
which are by reference made a part of this chapter and which shall
be kept on file at the Frederick County offices.
The delineation of any of the floodplain districts may be revised
by Frederick County where natural or man-made changes have occurred
and/or more detailed studies conducted or undertaken by the United
States Army Corps of Engineers or other qualified agency or individual
documenting the necessity for such change. However, prior to any such
change, approval must be obtained from the Federal Emergency Management
Agency. A completed LOMR is a record of this approval.
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 case to the Board
and to submit his own technical evidence if he so desires.
A.
Permit requirement. All uses, activities, and development occurring
within any floodplain district, including placement of manufactured
homes, shall be undertaken only upon the issuance of a permit. Such
development shall be undertaken only in strict compliance with the
provisions of this chapter and with all other applicable codes and
regulations, as amended, such as the Virginia Uniform Statewide Building
Code (VA USBC), the Frederick County Zoning and Subdivision Ordinances
and the Erosion and Sediment Control Ordinance.[1] Prior to the issuance of any such permit, the Zoning Administrator
shall require all applications to include compliance with all applicable
state and federal laws. Under no circumstances shall any use, activity,
development and/or construction activities adversely affect the capacity
of the channels or floodways of any watercourse, drainage ditch, or
any other drainage facility or system.
(1)
In circumstances where a permit is not required, all development
and/or construction activities occurring within any floodplain district
shall be undertaken only upon approval by the Zoning Administrator.
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:
(1)
The elevation of the base flood at the site.
(2)
For structures to be elevated, the elevation of the lowest floor
(including basement).
(3)
For structures to be floodproofed (nonresidential only), the
elevation to which the structure will be floodproofed.
(4)
Topographic information showing existing and proposed ground
elevations.
A.
The following provisions shall apply to all permits:
(1)
New construction and substantial improvements shall be according
to the VA USBC, and anchored to prevent flotation, collapse or lateral
movement of the structure.
(2)
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.
(3)
New construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(4)
New construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage.
(5)
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.
(6)
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
(7)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters.
(8)
On-site waste disposal systems shall be located and constructed
to avoid impairment to them or contamination from them during flooding.
B.
In addition to provisions in Subsection A(1) through (8) above, in all special flood hazard areas, the additional provisions shall apply:
(1)
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 U.S. Corps of Engineers, the Virginia Department
of Environmental Quality, and the Virginia Marine Resources Commission
(a joint permit application is available from any of these organizations).
Furthermore, in riverine areas, notification of the proposal shall
be given by the applicant to all affected adjacent jurisdictions,
the Department of Conservation and Recreation (Division of Dam Safety
and Floodplain Management), other required agencies, and the Federal
Emergency Management Agency.
(2)
The flood-carrying capacity within an altered or relocated portion
of any watercourse shall be maintained.
In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated by a certified professional according to § 165-702.11C, the following provisions shall apply:
A.
Residential construction. New construction or substantial improvement
of any residential structure (including manufactured homes) in Zones
A1-30, AE, AH, and A with detailed base flood elevations shall have
the lowest floor, including basement, elevated no lower than one foot
above the base flood elevation.
B.
Nonresidential construction.
(1)
New construction or substantial improvement of any commercial,
industrial, or nonresidential building (or manufactured home) shall
have the lowest floor, including basement, elevated to no lower than
one foot above the base flood elevation.
(2)
Nonresidential 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.
Space below the lowest floor. In Zones A, AE, AH, AO, and A1-A30,
fully 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);
(2)
Be constructed entirely of flood-resistant materials below the
regulatory flood protection elevation;
(3)
Include 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.
Accessory structures. Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of § 165-702.18B or, if not elevated or dry floodproofed, shall:
(1)
Not be used for human habitation;
(2)
Be limited to no more than 600 square feet in total floor area;
(3)
Be usable only for parking of vehicles or limited storage;
(4)
Be constructed with flood-damage-resistant materials below the
base flood elevation;
(5)
Be constructed and placed to offer the minimum resistance to
the flow of floodwaters;
(6)
Be anchored to prevent flotation;
(7)
Have electrical service and mechanical equipment elevated to
or above the base flood elevation;
(8)
Shall be provided with flood openings which shall meet the following
criteria:
(a)
There shall be a minimum of two flood openings on different
sides of each enclosed area; if a building has more than one enclosure
below the lowest floor, each such enclosure shall have flood openings
on exterior walls.
(b)
The total net area of all flood openings shall be at least one
square inch for each square foot of enclosed area (nonengineered flood
openings), or the flood openings shall be engineered flood openings
that are designed and certified by a licensed professional engineer
to automatically allow entry and exit of floodwaters; the certification
requirement may be satisfied by an individual certification or an
evaluation report issued by the ICC Evaluation Service, Inc.
(c)
The bottom of each flood opening shall be one foot or less above
the higher of the interior floor or grade, or the exterior grade,
immediately below the opening.
(d)
Any louvers, screens or other covers for the flood openings
shall allow the automatic flow of floodwaters into and out of the
enclosed area.
E.
Standards for manufactured homes and recreational vehicles.
(1)
In zones A, AE, AH, and AO, all manufactured homes placed, or substantially improved, on individual lots or parcels must meet all the requirements for new construction, including the elevation and anchoring requirements in § 165-702.14 through § 165-702.19.
(2)
All recreational vehicles placed on sites must either:
(a)
Be on the site for fewer than 180 consecutive days, 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
(b)
Meet all the requirements for manufactured homes in § 165-702.18E(1).
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;
D.
In A Zones, base flood elevation data shall be obtained from other
sources or developed using detailed methodologies, hydraulic and hydrologic
analysis, comparable to those contained in a Flood Insurance Study
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.
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.
Variances shall be issued only upon:
B.
While the granting of variances generally is limited to a lot size
less than 1/2 acre, deviations from that limitation may occur. However,
as the lot size increases beyond 1/2 acre, the technical justification
required for issuing a variance increases. Variances may be issued
by the Board of Zoning Appeals for new construction and substantial
improvements to be erected on a lot of 1/2 acre or less in size contiguous
to and surrounded by lots with existing structures constructed below
the base flood level, in conformance with the provisions of this section.
C.
Variances may be issued for new construction and substantial improvements
and for other development necessary for the conduct of a functionally
dependent use, provided that the criteria of this section are met,
and the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional
threats to public safety.
D.
In passing upon applications for variances, the Board of Zoning Appeals
shall satisfy all relevant factors and procedures specified in other
sections of this chapter and consider the following additional factors:
(1)
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-percent-chance flood
elevation.
(2)
The danger that materials may be swept on to other lands or
downstream to the injury of others.
(3)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
(4)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed facility
to the County.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding
for the proposed use.
(8)
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program for the area.
(10)
The safety of access by ordinary and emergency vehicles to the
property in time of flood.
(11)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters expected at the site.
(12)
The historic nature of a structure. Variances for repair or
rehabilitation of historic structures may be granted upon a determination
that the proposed repair or rehabilitation will not preclude the structure's
continued designation as an historic structure and the variance is
the minimum necessary to preserve the historic character and design
of the structure.
(13)
Such other factors which are relevant to the purposes of this
article.
(14)
No variance shall be granted for an accessory structure exceeding
600 square feet.
E.
The Board of Zoning Appeals may refer any application and accompanying
documentation pertaining to any request for a variance to the County
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.
F.
Variances shall be issued only after the Board of Zoning Appeals
has determined that the granting of such will not result in:
G.
Variances shall be issued only after the Board of Zoning Appeals
has determined that the variance will be the minimum required to provide
relief.
I.
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.
Any person who fails to comply with any of the requirements or provisions of this article or directions of the Zoning Administrator or any authorized employee of Frederick County shall be guilty of a misdemeanor and subject to the penalties outlined in § 165-101.08 of this chapter. The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115.
B.
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 or permit it to continue; and all such persons shall
be required to correct or remedy such violations or noncompliances
within a reasonable time. Any structure constructed, reconstructed,
enlarged, altered or relocated in noncompliance with this article
may be declared by Frederick County to be a public nuisance and abated
as such. Flood insurance may be withheld from structures constructed
in violation of this article.
