Rappahannock County, VA Overlay District Regulations

Statutory authorization and purpose [44 CFR 59.22(a)(2)].

This section is adopted pursuant to the authority granted to localities by the Code of Virginia, §§ 15.2-2280, 15.2-2283, 15.2-2284 and 15.2-2285.

All references herein to the "County" refer to the County of Rappahannock, Virginia. References to "this section" refer to § 170-45 of the Rappahannock County Code, which hereinafter may be referred to as the "County Floodplain Ordinance."

[Amended 1-4-2021]

Acronyms used herein are as follows:

	CFR = Code of Federal Regulations
	LOMC = Letter of Map Change
	LOMA = Letter of Map Amendment
	LOMR = Letter of Map Revision
	CLOMR = Conditional Letter of Map Revision
	USBC = Virginia Uniform Statewide Building Code
	FEMA = Federal Emergency Management Agency
	FIRM = Flood Insurance Rate Map
	SFHA = Special Flood Hazard Area
	FIS = Flood Insurance Study
	USC = United States Code
	VADEQ = Virginia Department of Environmental Quality
	USACE = U.S. Army Corps of Engineers
	NFIP = National Flood Insurance Program
	BFE = Base Flood Elevation

The purpose of this section is to prevent the loss of life, health, or 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:

[Amended 1-4-2021]

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;

Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;

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

Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

The provisions of this section shall be interpreted, applied and administered so to allow land within the County to qualify under the National Flood Insurance Program, 42 U.S.C. § 4011 et seq., in order that property owners within the County are able to purchase flood insurance.

Applicability. These provisions shall apply to all privately and publicly owned lands within the jurisdiction of the County and identified as areas of special flood hazard shown on the FIRM or included in the FIS that are provided to the County by FEMA.

[Amended 1-4-2021]

Compliance and liability.

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 sections and regulations which apply to uses within the jurisdiction of the County.

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, 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 section does not imply that districts outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages.

This section shall not create liability on the part of the County or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

Records. [44 CFR 59.22(a)(9)(iii)]. Records of actions associated with administering this section shall be kept on file and maintained by the Floodplain Administrator in perpetuity.

[Amended 1-4-2021]

Abrogation and greater restrictions [44 CFR 60.1(b)]. To the extent that the provisions are more restrictive, this section 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. This section is not intended to repeal or abrogate any existing ordinances, including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between this section and any other ordinance, the more restrictive shall govern.

[Amended 1-4-2021]

Severability. If any 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.

Penalty for violations [44 CFR 60.2(e)].

[Amended 1-4-2021]

Any person who fails to comply with any of the requirements or provisions of this section or directions of the Floodplain Administrator or of any authorized employee of the County shall be guilty of the appropriate violation and subject to the penalties thereof.

The USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties for violation of this section are set forth in § 170-138 of the Rappahannock County Code.

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this section. The imposition of a fine or penalty for any violation of, or noncompliance with, this section 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 within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this section may be declared by the County to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this section.

Administration.

Designation of the Floodplain Administrator [44 CFR 59.22(b)]. The Rappahannock County Zoning Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:

Do the work themselves.

Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

Enter into a written agreement or written contract with another community 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 NFIP as set forth 44 CFR 59.22.

[Amended 1-4-2021]

Duties and responsibilities of the Floodplain Administrator. [44 CFR 60.3]. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

Review applications for permits to determine whether proposed activities will be located in the SFHA.

Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

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.

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 one-hundred-year frequency floodplain of free-flowing nontidal waters of the state.

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, USACE) and have submitted copies of such notifications to FEMA.

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.

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.

(h)

Review elevation certificates and require incomplete or deficient certificates to be corrected.

(i)

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 the County, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations.

(j)

Maintain and permanently keep records that are necessary for the administration of these regulations, including:

Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps) and Letters of Map Change; and

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, inspection records, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

[Amended 1-4-2021]

(k)

Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop-work orders, and require permit holders to take corrective action.

(l)

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.

(m)

Administer the requirements related to proposed work on existing buildings:

Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.

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.

(n)

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.

(o)

Notify FEMA when the boundaries of the County have been modified and:

Provide a map that clearly delineates the new boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and

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 Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

(p)

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.

(q)

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 community, whether or not those hazards have been specifically delineated geographically (e.g., via mapping or surveying).

Use and interpretation of FIRMs [44 CFR 60.3]. 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:

Where field surveyed topography indicates that adjacent ground elevations:

[Amended 1-4-2021]

Are below the base flood elevation, even in areas not delineated as a SFHA on a FIRM, the area shall be considered as SFHA and subject to the requirements of these regulations;

Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the area shall be regulated as SFHA unless the applicant obtains a Letter of Map Change that removes the area from the SFHA.

In FEMA-identified SFHAs 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.

[Amended 1-4-2021]

Base flood elevations and designated floodway boundaries on FIRMs and in FISs 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.

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 FISs.

If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has been provided by FEMA:

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.

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 Subsection C(1)(c) and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

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.

Jurisdictional boundary changes [44 CFR 59.22, 65.3].

This section, or any successor Floodplain Overlay District 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 a law which meets the requirements for participation in the National Flood Insurance Program. Municipalities with existing floodplain laws shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain standards prior to annexation of any area containing identified flood hazards. If the FIRM for any annexed area includes SFHAs 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 Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

[Amended 1-4-2021]

In accordance with the Code of Federal Regulations, Title 44, Subpart (B), Section 59.22(a)(9)(v), all NFIP participating communities must notify FEMA, 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.

In order that all Flood Insurance Rate Maps accurately represent the community's boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority, must be included with the notification.

District boundary changes. The delineation of any of the Floodplain Districts may be revised by the County where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the USACE 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 FEMA. A completed LOMR is a record of this approval.

[Amended 1-4-2021]

Interpretation of district boundaries. Initial interpretations of the boundaries of the Floodplain Overlay District shall be made by the Floodplain Administrator. Should a dispute arise concerning the boundaries of any of the special flood hazard districts, the Board of Zoning Appeals shall make the necessary determination. Any person aggrieved by such interpretation may appeal to the Board of Zoning Appeals in accordance with §§ 170-135 and 170-140 of this Code and shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.

[Amended 1-4-2021]

Submitting technical data (44 CFR 65.3). 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 FEMA of the changes by submitting technical or scientific data. The County may submit data via a 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.

[Amended 1-4-2021]

Letters of Map Revision (LOMR). 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 CLOMR and then a LOMR. Example cases:

[Amended 1-4-2021]

Any development that causes a rise in the base flood elevations within the floodway.

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.

Alteration or relocation of a stream (including but not limited to installing culverts and bridges) [44 CFR 65.3 and 65.6(a)(12)].

Establishment of zoning districts.

Description of special flood hazard districts [44 CFR 59.1, 60.3].

[Amended 1-4-2021]

	Basis of districts.
	The various special flood hazard districts shall include the SFHAs. The basis for the delineation of these districts shall be the FIS and the FIRM for Rappahannock County, Virginia, and incorporated areas, prepared by FEMA, dated February 26, 2021, and any subsequent revisions or amendments thereto.
	The 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.
	The boundaries of the SFHA districts are established as shown on the FIRM which is declared to be a part of this section and which shall be kept on file at the office of the Floodplain Administrator.

The Floodway District is in an AE Zone and is delineated, for purposes of this section, using the criterion 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 24 of the above-referenced FIS and shown on the accompanying FIRM. The following provisions shall apply within the Floodway District of an AE zone [44 CFR 60.3(d)]:

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 community 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. Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies - with the County's endorsement - for a CLOMR, and receives the approval of FEMA. If Subsection C(1)(a)[1] is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Subsection D.

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.

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 along rivers, streams, and other watercourses where FEMA has provided base flood elevations; the requirement does not apply along lakes, bays and estuaries, and the ocean coast [44 CFR 60.3(c)].

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 the County.

Development activities in Zones A1-30 and AE or AH on the County's 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 the County's endorsement - for a CLOMR, and receives the approval of FEMA.

A Zone. 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 [44 CFR 60.3(b)]:

The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one-hundred-year 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 USACE 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 nondetailed technical concepts, 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.

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 plus 18 inches.

During the permitting process, the Floodplain Administrator shall obtain:

The elevation of the lowest floor (in relation to the mean sea level), including the basement, of all new and substantially improved structures; and

If the structure has been floodproofed in accordance with the requirements of this section, the elevation (in relation to mean sea level) to which the structure has been floodproofed.

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a 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.

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 [44 CFR 60.3(c)]:

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.

All new construction and substantial improvements of nonresidential 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 at least two feet above the highest adjacent grade; or

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.

Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

Overlay concept.

The Floodplain Overlay District described herein shall be an overlay to the existing underlying districts as shown on the County Zoning Map, and as such, the provisions for the Floodplain Overlay District shall serve as a supplement to the underlying district provisions.

If there is any conflict between the provisions or requirements of the Floodplain Overlay District and those of any underlying Zoning District, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

[Amended 1-4-2021]

In the event any provision concerning this Floodplain Overlay District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

District provisions. [44 CFR 59.22, 60.2, 60.3].

Permit and application requirements.

Permit requirement. All uses, activities, and development occurring within the Floodplain Overlay District, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit in accordance with § 170-137 of this Code. Such development shall be undertaken only in strict compliance with the provisions of this section and with all other applicable laws such as the USBC and the County subdivision laws. Prior to the issuance of any such permit, the Floodplain Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

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:

The elevation of the base flood at the site.

The elevation of the lowest floor (including basement).

[Amended 1-4-2021]

For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.

Topographic information showing existing and proposed ground elevations.

General standards.

The following provisions shall apply to all permits:

New construction and substantial improvements shall be according to this section and the USBC, and anchored to prevent flotation, collapse or lateral movement of the structure.

[Amended 1-4-2021]

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 anchoring requirements for resisting wind forces.

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

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.

In addition to provisions in Subsection D(2)(a)[1] through [8] above, in all special flood hazard areas, the additional provisions shall apply:

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 USACE, the VADEQ, 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 FEMA.

[Amended 1-4-2021]

The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

Elevation and construction standards [44 CFR 60.3]. In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with Subsection C(1)(c), the following provisions shall apply:

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 to or above the base flood level plus 18 inches.

[Amended 1-4-2021]

Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus 18 inches. 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. Such certification, including the specific elevation to which such structures are floodproofed, shall be maintained by the Floodplain Administrator.

[Amended 1-4-2021]

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:

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).

[Amended 1-4-2021]

Be constructed entirely of flood-resistant materials below the regulatory flood protection elevation.

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:

Provide a minimum of two openings on different sides of each enclosed area subject to flooding.

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.

Standards for manufactured homes and recreational vehicles.

[Amended 1-4-2021]

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 Subsection D(2) and (3).

All recreational vehicles placed on sites within a SFHA must either:

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

Meet all the requirements for manufactured homes in Subsection D(3)(d)[1].

Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of Article IV, Section 4.3.B, or, if not elevated or dry floodproofed, shall:

[Added 1-4-2021]

Not be used for human habitation;

Be limited to no more than 600 square feet in total floor area;

Be usable only for parking of vehicles or limited storage;

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]

Be provided with flood openings which shall meet the following criteria:

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.

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.

Standards for subdivision proposals.

All subdivision proposals shall be consistent with the need to minimize flood damage;

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

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.

Existing structures in floodplain areas. 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:

[Amended 1-4-2021]

The Floodplain Manager has determined that:

The change is not a substantial repair or substantial improvement; and

No new square footage is being built in the floodplain that is not compliant; and

No new square footage is being built in the floodway; and

The change complies with this section and the USBC.

The changes are required to comply with a citation for a health or safety violation.

The structure is a historic structure and the change required would impair the historic nature of the structure.

Variances [44 CFR 60.6].

A variance to the provisions of this § 170-45 may be granted by the Board of Zoning Appeals upon:

Compliance with the application, notice, and procedural requirements of § 170-136; and

Making the findings set forth in § 170-136; and

Compliance with the provisions of this Subsection F.

In the event there is any conflict between the provisions of this § 170-45 and § 170-136, the most restrictive provision shall control.

Variances from this section shall be granted by the BZA only upon:

A showing of good and sufficient cause; and

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

A determination that the granting of such variance will not result in:

Unacceptable or prohibited increases in flood heights;

Additional threats to public safety;

Extraordinary public expense;

Creation of nuisances;

[5]

Fraud or victimization of the public; or

[6]

Conflict with local laws.

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.

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.

In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified above, and in § 170-136 of this Code, and consider the following additional factors:

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.

The danger that materials may be swept on to other lands or downstream to the injury of others.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

The importance of the services provided by the proposed facility to the community.

The requirements of the facility for a waterfront location.

The availability of alternative locations not subject to flooding for the proposed use.

(h)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(i)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(j)

The safety of access by ordinary and emergency vehicles to the property in time of flood.

(k)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

(l)

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 a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(m)

No variance shall be granted for an accessory structure exceeding 600 square feet.

[Added 1-4-2021[2]]

Editor's Note: This ordinance also redesignated former Subsection F(6)(m) as Subsection F(6)(n).

(n)

Such other factors which are relevant to the purposes of this section.

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.

APPURTENANT OR ACCESSORY STRUCTURE

Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief.

(9)

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-percent-chance flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance.

(10)

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variance. Any variances that are issued shall be noted in the annual or biennial report submitted to FEMA.

Glossary. [44 CFR 59.1]. As used in this section, the following terms shall have the meanings indicated:

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. Accessory structures are not to exceed 600 square feet.

[Amended 1-4-2021]

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year. Also known as the one-hundred-year flood.

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 chapter, the base flood is the 1% annual chance flood.

[Amended 1-4-2021]

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BOARD OF ZONING APPEALS

The Rappahannock County Board of Zoning Appeals provided for by § 170-140 of this Code.

DEVELOPMENT

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.

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 NFIP, 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."

[Amended 1-4-2021]

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 general or temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters; or

The unusual and rapid accumulation or runoff of surface waters from any source.

Mudflows which are proximately caused by flooding as defined in Subsection (1)(b) 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.

FLOODPLAIN or FLOOD-PRONE AREA

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 (1)(a) of this definition.

Any land area susceptible to being inundated by water from any source.

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.

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.

[Added 1-4-2021]

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:

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;

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:

By an approved state program as determined by the Secretary of the Interior; or

HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS

Directly by the Secretary of the Interior in states without approved programs.

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)

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:

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 property as defined by meets and bounds or structure is not located in a special flood hazard area.

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.

MANUFACTURED HOME PARK OR SUBDIVISION

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.

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MEAN SEA LEVEL

For purposes of the NFIP, 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.

[Added 1-4-2021]

NEW CONSTRUCTION

For the purposes of determining insurance rates, structures for which the start of construction commenced on or after August 24, 1984, 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 August 24, 1984.

[Amended 1-4-2021]

PRE-FIRM STRUCTURES

A structure for which construction or substantial improvement occurred before August 24, 1984.

[Amended 1-4-2021]

RECREATIONAL VEHICLE

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

REPETITIVE LOSS STRUCTURE

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

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, equaled 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:

Is covered under a contract for flood insurance made available under the NFIP; and

Has incurred flood-related damage:

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

SPECIAL FLOOD HAZARD AREA (SFHA)

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 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(1) of this section.

START OF CONSTRUCTION

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 above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE

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.

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. This term includes structures which have incurred repetitive loss or 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.

Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above must comply with all section requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific section 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 section 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 § 170-45 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.

Editor's Note: This ordinance was readopted 12-2-19996.

§ 170-45.1 General Commercial Overlay District (GCO).

[Added 3-7-1994]

Purpose and intent. The General Commercial Overlay District (GCO) is created for the purpose of providing guidelines whereby the principal undeveloped commercial zone of the community may be safely and efficiently developed for the betterment of the public health, safety and general welfare.

District boundaries. The General Commercial Overlay District boundaries are delineated in accordance with a map adopted by the Rappahannock County Board of Supervisors and made a part of the Rappahannock County Comprehensive Plan.[1]

Editor's Note: The 2004 General Commercial Overlay District map is the official map delineating the boundaries of the General Commercial Overlay District (GCO). The December 7, 2020, map adopted with the updated Comprehensive Plan of the same date is not the official Overlay District map. To ascertain the boundaries of the GCO, reference must be made to the 2004 Comprehensive Plan.

District boundary changes. The delineation of the boundaries may be revised by the Board in the same manner and by the same procedures as set forth in Subsection B.

Interpretation of district boundaries. The Zoning Administrator shall make the decision as to the exact location of the GCO District line, using the best information available.

Permitted uses. All uses permitted in areas zoned General Commercial shall likewise be allowed in the GCO District. Similarly, all uses allowed by special use permit or special exception in the General Commercial Zone shall be allowed with a special use permit or special exception, respectively, in the GCO District.

Use limitations.

Setbacks. In the case of proposed commercial development, the designation of setback dimensions provides for the creation of buffer zones which, when planted or bermed, help to strengthen visual relationships between commercial development and adjacent public roadways or unrelated uses such as agriculture. The setbacks for interior areas within the General Commercial Overlay District would be determined by the current setback requirements of the underlying zoning. These recommendations focus on the relationship of the General Commercial Overlay District to adjacent noncommercial land areas (including public roads).

Building setbacks.

All buildings shall have a one-hundred-foot minimum setback from the existing or proposed right-of-way of United States (US) Route 21 1/522.

All buildings shall have a seventy-five-foot minimum setback from adjacent non-General Commercial Overlay Districts outside of the General Commercial Overlay District.

All buildings shall have a fifty-foot minimum setback from existing or proposed private or public road rights-of-way bordering the General Commercial Overlay District other than US Route 21 1/522.

Parking setbacks.

All parking, interior parcel access, drives and other vehicular-oriented improvements shall be setback 40 feet from the existing or proposed right-of-way of US Route 21 1/522.

All parking, interior parcel access, drives and other vehicular-oriented improvements shall have a forty-foot minimum setback from adjacent non-General Commercial Overlay Districts outside of the General Commercial Overlay District or from existing or proposed private or public road rights-of-way bordering the overlay district other than US Route 21 1/522.

Building height. To create a harmonious environment along Rappahannock County's major thoroughfares and to mitigate the potential negative visual impacts of any tall commercial structure fronting on US Route 21 1/522, building heights shall be limited within areas adjacent to US Route 21 1/522.

In all areas within 500 feet of the North side of US Route 21 1/522, all buildings shall be limited in height to 35 feet from grade.

Utilities and infrastructure. The installation and development of utilities and infrastructure, including but not limited to water and sewage systems, electric power and communications systems, and drainage and stormwater management systems shall be coordinated within the General Commercial Overlay District and shall accommodate the location of required plantings, as well as visual impacts mitigated through screening or subsurface locations. Underground installation shall be required, unless Rappahannock County determines that the same is not practicable. Trash collection equipment and/or storage facilities should be screened from all public roads.

Plantings and vegetative screening. The screening of commercial development from non-General Commercial Overlay Districts is required to mitigate the visual impact of commercial development within rural areas. Screening of General Commercial Overlay Districts from noncommercial development shall occur along the perimeter of the Rappahannock General Commercial Overlay District along service areas and at parking. In addition to planting and screening requirements indicated in this chapter, all parking, service, storage, loading and other vehicular areas shall be screened from all adjacent non-General Commercial Overlay Districts and all adjacent public and private roadways. In order to reduce heat generated by large expanses of paved areas and to mitigate the visual impact of paved areas, shade trees shall be planted in parking areas. The retention and preservation of existing wooded areas and existing specimen trees shall be encouraged. The use of plant materials native to Rappahannock County or the region is encouraged. Plantings which die within one year of installation shall be replaced.

Perimeter screening.

Adjacent noncommercially zoned areas shall be screened from commercial development by a planted buffer strip with a minimum width of 25 feet. The retention and preservation of existing woodlands and specimen trees is encouraged.

The buffer zone shall be planted in a double staggered row of nursery-grown evergreen trees.

Evergreen trees for screening shall be a minimum of three feet in height at the time of planting with a maximum spacing between trees of 15 feet.

Tree plantings.

All parking spaces shall be sited within 60 feet of preserved wooded areas/specimen trees or a planted nursery-grown shade tree (three-inch caliper) and planted in a two-hundred-square-foot minimum planting bed.

Along US Route 21 1/522, nursery-grown shade trees (three-inch caliper) shall be planted in double staggered rows, with trees spaced 50 feet on center along each row.

Along public or private road rights-of-way, nursery-grown shade trees (three-inch caliper) shall be required for every 50 feet of road frontage, or portion thereof, if 25 feet or more.

Parking screening.

All parking, storage, loading and other vehicular areas shall be screened from all adjacent non-General Commercial Overlay Districts and all adjacent public and private roadways with a continuous strip of planted evergreen shrubs. Planted evergreen shrubs shall attain a height of three feet in five years after planting.

Shrub plantings shall not be required wherever existing topography and/or proposed grading provides for the screening of parking, storage, loading and other vehicular areas from all adjacent non-General Commercial Overlay Districts and all adjacent public and private roadways. When berming is proposed the slopes, shall be no steeper than three to one (3:1) and the berming no higher than three feet.

Resource protection.

[Amended 1-7-2008]

Landscaping. All proposed landscaped areas should employ low-impact development techniques, such as bioretention facilities in place of landscaped islands.

Proposed grading. All proposed grading shall not exceed a slope of 3:1 whenever possible and shall be protected from erosion utilizing an appropriate ground cover other than one requiring mowing. The Zoning Administrator shall approve appropriate measures when a slope of 3:1 is not achievable or impractical.

Signage. The location, design, configuration, materials and color of all proposed signs and associated structures (except temporary event, auction, trespass, political, and sale or rental signs six square feet or less) located within 500 feet of the right-of-way of US Route 21 1/522 shall be in character with the historic and scenic setting of Rappahannock County and shall not visually dominate buildings or sites.

Aggregate sign areas shall be reduced by one-half ( 1/2).

Freestanding and projecting wall signs shall be limited to 10 feet above grade.

One freestanding or projecting wall sign shall be allowed per parcel frontage and shall not be located closer than 100 feet from the US Route 21 1/522 right-of-way.

Signs shall be limited to 20 feet in height from finished grade to the upper edge of sign surface.

(9)

Pedestrian circulation. Barrier-free and universally accessible pedestrian linkages, including but not limited to trails, paths or sidewalks, shall be provided between buildings and parking areas and between parcels to create a continuous barrier-free pedestrian system serving the General Commercial Overlay District.

Design guidelines.

Intent.

The General Commercial Overlay District Design Guidelines have been established to promote design quality and efficient land use within designated areas having underlying General Commercial (GC) zoning. The overlay district carries with it zoning requirements that supplement those for GC areas. In addition to matters regulated elsewhere in this chapter, issues of design and site organization that do not lend themselves readily to prescriptive regulation but ultimately may be just as important in determining the utility and appearance of development are addressed by design guidelines.

The purpose of design guidelines is to offer a set of principles that can direct the design approach for sites of varying character, yet help achieve consistent, high-quality results. Design guidelines address such issues as site access, resource protection and building appearance in response both to the opportunities and constraints of a given site and to the character of adjacent developed or undeveloped land. While design guidelines are not intended to duplicate the provisions of applicable Zoning Chapter requirements, they often provide guidance in satisfying those zoning requirements in a manner appropriate to the character of a particular site.

These design guidelines have been developed specifically for the Rappahannock General Commercial District, although they build upon similar efforts undertaken for other Virginia localities. They are intended both to help property owners and developers understand the design goals of the General Commercial District and to assist the County's planning officials in assessing the suitability of design proposals within the General Commercial Overlay District.

Natural site amenities. Natural site characteristics such as topography, vegetation, streams and natural drainage corridors and rock outcroppings establish the character of the environment and help to provide continuity between a developed site and the adjacent countryside.

Existing vegetation and tree cover, particularly specimen trees or vegetation that define the boundaries of a site, should be preserved to the greatest extent possible.

Streams, natural drainage swales, ponds, rock outcroppings and similar natural features that are unique to a site should be retained and incorporated into the site development wherever possible.

The natural slope and topography of a site should be retained to the greatest degree possible, employing incremental rather than site-wide regrading strategies wherever necessary to reduce cut and fill slopes, large amounts of earthmoving and the use of retaining walls across sites.

Significant views to natural or man-made focal points, both to and from an individual site, should be maintained and enhanced whenever possible.

[Amended 1-7-2008]

Clearing and grading should be kept to a minimum to preserve open space and meet requirements set for in § 170-37.

[Added 1-7-2008]

The use of native plants and vegetation should be employed when replanting is necessary to foster the preservation of natural site amenities.

[Added 1-7-2008]

Site access. Clear and convenient access to a site helps give organization to a development and promotes safety.

Wherever possible, vehicular access to sites should be provided from secondary roadways rather than from US Route 21 1/522.

Vehicular access to individual sites fronting US Route 21 1/522 and not served by a secondary roadway should occur opposite highway median cuts.

Vehicular access to sites on opposite sides of a secondary roadway should be located directly opposite each other.

Adjacent sites should share vehicular access and provide vehicular access from one parcel to another.

Barrier-free pedestrian circulation systems parallel to roadways should be protected from vehicular traffic by grade separation, planting strips and/or berming.

Parking. Adequate, convenient parking associated with commercial development should have a minimal visual impact on traditionally agricultural settings.

When providing parking for large numbers of vehicles, parking areas should be designed in smaller groups of not more than 20 vehicles and separated and defined by features such as berms, plant materials, access drives and/or buildings.

Bioretention facilities or landscaped treatment and plant materials should be used to define vehicular and pedestrian circulation and minimize impervious areas within parking space.

[Amended 1-7-2008]

Parking should not be located exclusively at the front of building sites; some parking should be located at the sides or rear of the site.

Sites with steep slopes should not be modified to produce a single ground plane for building and parking. In such cases, parking areas should be developed on one or more terraces with site elevations different from that of the building and linked by appropriate barrier-free pedestrian circulation.

Building siting. In addition to the specific requirements elsewhere in this Zoning Chapter, the siting of buildings within the General Commercial Overlay District is determined by the proposed use, parcel configuration, site circulation patterns, topography and character of adjacent development. Building siting should contribute to a coherent image for the entire General Commercial Overlay District.

A building should be sited so that its primary orientation is to the major roadway from which it is accessible. When a parcel fronts on US Route 21 1/522 but is accessible from a secondary roadway, the building should be sited or configured so that its entrance not only orients to the direction of access but also so that the building maintains an architectural identity when seen from the major highway. Buildings on parcels not fronting on the highway should not be sited to relate to US Route 21 1/522.

Buildings should be designed and sited to reduce the need for topographic modification to the site. If buildings must be sited in areas of significant slope, they should make use of multiple stories and multilevel access to retain the natural topography of the site.

The siting of buildings in relation to each other to establish courtyards, gateways and axial alignments and to reinforce vehicular and pedestrian circulation should be encouraged.

Building form. The appearance of buildings within the General Commercial Overlay District is one of the most effective ways of establishing the commercial identity of the area. The form of a building also may give an indication of its use or the type of business it houses, as well as helping it relate to the character of adjacent residential or agricultural land uses.

Buildings at key locations within the General Commercial Overlay District, such as on sites adjacent to intersections of the secondary loop road with US Route 21 1/522, should serve as landmarks and focal points for the overall area. The use of visible roof forms rather than flat roofs, multistory buildings rather than single-story massing and architectural details should be encouraged for these locations.

All buildings should include architectural elements, such as entrances, windows and articulated wall surfaces, that help them relate to pedestrian use.

Commercial buildings should avoid the use of blank wall surfaces for any side of a building visible from an adjacent public right-of-way. Where blank walls are unavoidable, their visual impact should be softened by the adjacent planting of trees, vines or other large-scale plant materials.

Because of the lower-lying land south of US Route 21 1/522, buildings in this area should incorporate visible roof forms rather than flat roofs to help define their architectural identity from the highway.

Where the necessity exists north of US Route 21 1/522 for warehouse type buildings with large expanses of flat roofs and unarticulated exterior walls, efforts should be made to introduce additional subsidiary building forms with visible roof forms and greater architectural detail, particularly in conspicuous locations or in areas of greater public access such as building entrances to provide greater visual interest.

Owing to the sloping character of the General Commercial Overlay District north of US Route 21 1/522, multistory buildings should be encouraged where appropriate.

Commercial buildings of larger size, though not intended to mimic agricultural buildings, may adopt the general form and composition of such buildings to foster compatible visual relationships between adjacent commercial and agricultural areas.

Signs. Although commercial signs are intended primarily to identify various businesses, excessive or conspicuous signs can be confusing or distracting for motorists along US Route 21 1/522.

Commercial signs for businesses fronting on US Route 21 1/522 should be simple and small to avoid confusing motorists and should be located in the setback zone along the highway or directly on the facade of the building.

Businesses accessible from secondary roads should locate all commercial signs in the setback along such roads or directly on the facade of the building.

Wherever possible, businesses should cluster signs in a single location, such as adjacent to a shared vehicular access, rather than setting up a series of unrelated signs.

Freestanding signs (those not located on buildings) should be integrated into the site with walls, in conjunction with land forms and/or plant materials.

When signs are located on buildings, their placement should not obscure or overwhelm architectural features of the building.

Lighting and utilities. Exterior lighting is an important design aspect of the General Commercial Overlay District that promotes its identity, image, user safety and building security. Site utilities, on the other hand, will contribute most to the overall character of the commercial area when they are handled inconspicuously.

All exterior lighting should be controlled (by down-shielding or other means) to eliminate glare to passing motorists on US Route 21 1/522 and secondary roadways and to avoid spilling onto adjacent noncommercial properties.

General exterior illumination of building facades should be discouraged. Instead, appropriate exterior lighting of building entrances should be adopted. Additional lighting for business identification other than for signs should be confined to window displays with interior lighting.

Lighted signs, whether freestanding or located on buildings, should have external, directed illumination rather than being internally lit.

The use of site lighting for parking areas and pedestrian circulation should be consistent in design and character throughout the General Commercial Overlay District.

The use of high-intensity security lighting should not be used in any area visible from adjacent public rights-of-way.

Electric, telephone and cable television service should be located underground.

Stormwater management structures should be integrated into the overall landscape development of the site. The stormwater requirements of several sites should be consolidated into a single structure.

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Plant materials. The use of appropriate plant materials native to or traditionally used in Rappahannock County will enhance visual continuity with the surrounding agricultural landscape. The use of species that are winter hardy and drought tolerant should be encouraged.

§ 170-45.2 Stream Protection Overlay District (SPO).

[Added 1-7-2008]

NOTE: See § 170-37 for applicable zoning districts and circumstances.

Purpose and intent. The purpose of the Stream Protection Overlay District is to apply special regulations to the riparian buffer area no less than 100 feet wide on each side of perennial streams and wetlands adjacent to those streams. The purpose of the buffer is to retard runoff, prevent erosion, filter nonpoint source pollution from runoff, moderate stream temperature, and provide for the ecological integrity of stream corridors and networks.

Riparian buffer. Except for those land uses listed as exempt, land containing perennial streams and/or wetlands adjacent to these streams shall provide for vegetated riparian buffers of 100 feet, as described below. The minimum riparian buffer width shall be measured horizontally from the top edge of the stream bank or nontidal wetlands. The top edge of the stream bank, also known as "bank-full width," is the width of the stream at normal high-water events determined by considering differences in vegetation (aquatic versus typical terrestrial) and physical characteristics of the stream bank. The width of buffers for sloped stream banks shall be increased. For slopes between 15% and 25%, one-hundred-foot buffers shall be increased to 125 feet. For slopes over 25%, one-hundred-foot buffers shall be increased to 150 feet.

Riparian buffer criteria. In order to maintain runoff, nonpoint source pollution control, stream temperature, and ecological values of the riparian buffer, indigenous vegetation shall be preserved to the maximum extent possible. The target vegetative cover in the riparian buffer shall be an indigenous forest with ground cover, shrub, and tree canopy layers. Removal or preservation of vegetation in the riparian buffer shall be allowed as follows; however, in no case shall vegetation be removed so as to disturb the soil.

Within a minimum of 35 feet of the top of the stream bank and on land classified as wetland:

Existing trees, with the following characteristics, shall be preserved:

A diameter of six inches or greater (measured 4.5 feet above the ground) if large or medium-canopy trees;

A diameter of four inches or greater (measured 4.5 feet above the ground) for small-canopy trees.

Invasive nonnative species may be removed, regardless of size.

Dead, diseased, and dying trees may be removed.

Fallen trees that are blocking stream channels, or trees with undermined root systems in imminent danger of falling, may be removed where stream bank erosion is a current or potential problem that outweighs any positive effects the fallen tree or trees may have on the stream ecosystem.

Pesticides shall not be applied, except by licensed applicators following pesticide requirements.

Between 35 feet and 100 feet from the top of the stream bank and outside of wetlands:

Dead, diseased, and dying trees may be removed.

Invasive nonnative species may be removed, regardless of size.

Trees six inches in diameter or greater (measured 4.5 feet above the ground) shall be preserved, unless removed as part of a silvicultural thinning operation based upon the best available technical advice of a professional forester.

The property owner or his or her agent shall maintain riparian buffer vegetation and shall be required to replace, in kind, with suitable substitutes, any loss of vegetation.

Types of development not required to maintain or establish a riparian buffer, provided that the requirements of this section are satisfied:

The construction, installation, operation and maintenance of electric, gas, and telephone transmission lines, railroads, and activities of the Virginia Department of Transportation, and their appurtenant structures, which are accomplished in compliance with the Erosion and Sediment Control Law (Virginia Code, § 10.1-560 et seq.) or an erosion and sediment control plan approved by the Virginia Soil and Water Conservation Board.

The construction, installation, and maintenance by public agencies of water and sewer lines, including water and sewer lines constructed by private interest for dedication to public agencies, provided that:

To the extent practical, the location of such water or sewer lines shall be outside of all riparian buffer areas;

No more land shall be disturbed than is necessary to construct, install and maintain the water or sewer lines; and

All such construction, installation, and maintenance of such water or sewer lines shall comply with all applicable federal, state, and local requirements and permits and be conducted in a manner that protects water quality.

Silviculture activities, provided that such activities are conducted in compliance with all applicable regulations.

Permitted development, provided that all requirements of this section are satisfied.

Existing buildings or structures may remain at such locations; however, expansion or enlargements of such structures may not encroach upon the riparian buffer more than the encroachment of the existing structure;

On-site or regional stormwater management structures and/or facilities, and temporary erosion and sediment control measures, provided that.

To the extent practical, as determined by the Zoning Administrator, the location of such facilities shall be outside of the riparian buffer;

No more land shall be disturbed than is necessary to provide for construction and maintenance of the facility, as determined by the Zoning Administrator;

The facilities are designed and constructed so as to minimize impacts to the functional value of the stream buffer and to protect water quality; and

Water-dependent facilities; water wells; passive recreation areas, such as pedestrian trails and bicycle paths; historic preservation; and archaeological activities, provided that all applicable federal, state, and local permits are obtained.

Permitted development contingent on the approval of a mitigation plan (pursuant to Subsection G) by the Zoning Administrator:

A lake, pond, or ecological/wetland restoration project;

Construction and maintenance of a driveway or roadway, provided reasonable access to the lot is prohibited by the riparian buffer and plans are approved by the Zoning Administrator;

Construction, installation, and maintenance of water and sewer facilities or sewage disposal systems, on existing parcels, provided the Zoning Administrator determines the riparian buffer would prohibit the practical development of such facilities or systems;

Construction of a structure on an existing parcel, provided that the Zoning Administrator determines the riparian buffer would result in a loss of a building site and there are not other available building sites outside the riparian buffer on the parcel.

Riparian buffer mitigation plan requirements, as pertains to § 170-45.2F:

The owner shall submit a mitigation plan that satisfies the applicable requirements of this section, a processing fee of $100, and a certification stating that all requirements of the approved plan will be complied with.

The mitigation plan shall be reviewed by the Zoning Administrator to determine whether it complies with the requirements of this section and all other requirements of this chapter. The Zoning Administrator shall approve or disapprove a mitigation plan within 30 days that a complete plan was accepted for review. The decision shall be in writing and shall be communicated to the owner. If the plan is disapproved, the reasons for such disapproval shall be stated in the decision.

Each mitigation plan shall:

Identify the impact of proposed development on water quality and land within the riparian buffer;

Ensure that where development does take place within a stream buffer, it will be located on those portions of a site and in a manner that will be least disruptive to the natural functions of the stream buffer;

Demonstrate and assure that development will be conducted using best management practices;

Specify mitigation that will address water quality and riparian buffer impacts; and

Contain all other information requested by the Zoning Administrator.

Each mitigation plan shall be evaluated by the Zoning Administrator based on the following criteria:

Whether all reasonable alternatives to development in the riparian buffer have been explored and exhausted;

Whether the development in the riparian buffer is the minimum necessary and is conducted win a manner that will be least disruptive to the natural function of the riparian buffer; and