Any structure or use of a structure or premises must be brought
into conformity with these provisions when it is changed, repaired,
or improved [NOTE: The assumption that all buildings will be brought
into compliance unless an exception is found is not required by the
federal regulations; it is a recommended change for the sake of administrative
efficiency and improved compliance.] 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 chapter and the VA USBC; and
(5)
The change, when added to all the changes made during a rolling five-year
period, does not constitute 50% of the structure's value. [NOTE:
This cumulative change requirement is a recommended higher standard.
DCR has found that not having a time period for cumulative change
can lead to people trying to split work up to avoid hitting the 50%
limit which puts the community in a difficult place with enforcement
and increases administrative burdens.]
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.
