[Amended 3-7-1994; 1-7-2008]
For the purpose of this chapter, the following
overlay districts are established:
Overlay District
|
Abbreviation
|
---|---|
Floodplain District
|
FP
|
General Commercial Overlay
|
GCO
|
Stream Protection Overlay
|
SPO
|
A.
Purpose and intent. Overlay districts, as presented in this article V, are created for the purpose of imposing special regulations in designated areas of the County to accomplish stated purposes that are set forth for each overlay district. Overlay districts shall be in addition to and shall overlap and overlay all other zoning districts within which lands placed in each district also lie, so that any parcel of land lying in an overlay district shall also lie in one or more of the other underlying zoning districts provided for by this chapter.
B.
Establishment. In general, overlay districts and amendments
thereto shall be established in the same manner and by the same procedures
set forth for other zoning districts provided for by this chapter,
unless such procedures are qualified by the provisions of a particular
overlay district as set forth herein.
A.
General provisions.
(1)
Statutory authorization and purpose [44 CFR 59.22(a)(2)].
(a)
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.
(b)
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]
(c)
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
|
(d)
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]
[1]
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;
[2]
Restricting or prohibiting certain uses, activities, and development
from locating within districts subject to flooding;
[3]
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
[4]
Protecting individuals from buying land and structures which are
unsuited for intended purposes because of flood hazards.
(e)
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.
(2)
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]
(3)
Compliance and liability.
(a)
No land shall hereafter be developed and no structure shall
be located, relocated, constructed, reconstructed, enlarged, or structurally
altered except in full compliance with the terms and provisions of
this section and any other applicable sections and regulations which
apply to uses within the jurisdiction of the County.
(b)
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.
(c)
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.
(4)
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]
(5)
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]
(6)
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.
(7)
Penalty for violations [44 CFR 60.2(e)].
[Amended 1-4-2021]
(a)
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.
(b)
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.
(c)
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.
B.
Administration.
(1)
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:
(a)
Do the work themselves.
(b)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees.
(c)
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]
(2)
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:
(a)
Review applications for permits to determine whether proposed
activities will be located in the SFHA.
(b)
Interpret floodplain boundaries and provide available base flood
elevation and flood hazard information.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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:
[1]
Flood Insurance Studies, Flood Insurance Rate Maps (including
historic studies and maps and current effective studies and maps)
and Letters of Map Change; and
[2]
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:
[1]
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.
[2]
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:
[1]
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
[2]
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).
(3)
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:
(a)
Where field surveyed topography indicates that adjacent ground
elevations:
[Amended 1-4-2021]
[1]
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;
[2]
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.
(b)
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]
(c)
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.
(d)
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.
(e)
If a Preliminary Flood Insurance Rate Map and/or a Preliminary
Flood Insurance Study has been provided by FEMA:
[1]
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.
[2]
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.
[3]
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.
(4)
Jurisdictional boundary changes [44 CFR 59.22, 65.3].
(a)
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]
(b)
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.
(c)
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.
(5)
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]
(6)
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]
(7)
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]
(8)
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]
(a)
Any development that causes a rise in the base flood elevations
within the floodway.
(b)
Any development occurring in Zones A1-30 and AE without a designated
floodway, which will cause a rise of more than one foot in the base
flood elevation.
(c)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges) [44 CFR 65.3 and 65.6(a)(12)].
C.
Establishment of zoning districts.
(1)
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.
|
(a)
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)]:
[1]
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the 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.
[2]
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.
(b)
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)].
[1]
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.
[2]
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.
(c)
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)]:
[1]
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.
[2]
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.
[3]
During the permitting process, the Floodplain Administrator
shall obtain:
[a]
The elevation of the lowest floor (in relation
to the mean sea level), including the basement, of all new and substantially
improved structures; and
[b]
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.
[4]
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.
(d)
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)]:
[1]
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.
[2]
All new construction and substantial improvements of nonresidential
structures shall:
[a]
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
[b]
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.
[3]
Adequate drainage paths around structures on slopes shall be
provided to guide floodwaters around and away from proposed structures.
(2)
Overlay concept.
(a)
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.
(b)
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]
(c)
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.
D.
District provisions. [44 CFR 59.22, 60.2, 60.3].
(1)
Permit and application requirements.
(a)
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.
(b)
Site plans and permit applications. All applications for development
within any floodplain district and all building permits issued for
the floodplain shall incorporate the following information:
[1]
The elevation of the base flood at the site.
[2]
The elevation of the lowest floor (including basement).
[Amended 1-4-2021]
[3]
For structures to be floodproofed (nonresidential only), the
elevation to which the structure will be floodproofed.
[4]
Topographic information showing existing and proposed ground
elevations.
(2)
General standards.
(a)
The following provisions shall apply to all permits:
[1]
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]
[2]
Manufactured homes shall be anchored to prevent flotation, collapse,
or lateral movement. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground anchors. This
standard shall be in addition to and consistent with applicable state
anchoring requirements for resisting wind forces.
[3]
New construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
[4]
New construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage.
[5]
Electrical, heating, ventilation, plumbing, air-conditioning
equipment and other service facilities, including duct work, shall
be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
[6]
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
[7]
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters.
[8]
On-site waste disposal systems shall be located and constructed
to avoid impairment to them or contamination from them during flooding.
(b)
In addition to provisions in Subsection D(2)(a)[1] through [8] above, in all special flood hazard areas, the additional provisions shall apply:
[1]
Prior to any proposed alteration or relocation of any channels
or of any watercourse, stream, etc., within this jurisdiction, a permit
shall be obtained from the 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]
[2]
The flood-carrying capacity within an altered or relocated portion
of any watercourse shall be maintained.
(3)
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:
(a)
Residential construction. New construction or substantial improvement
of any residential structure (including manufactured homes) in Zones
A1-30, AE, AH and A with detailed base flood elevations shall have
the lowest floor, including basement, elevated to or above the base
flood level plus 18 inches.
[Amended 1-4-2021]
(b)
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]
(c)
Space below the lowest floor. In Zones A, AE, AH, AO, and A1-A30,
fully enclosed areas of new construction or substantially improved
structures which are below the regulatory flood protection elevation
shall:
[1]
Not be designed or used for human habitation, but shall only
be used for parking of vehicles, building access, or limited storage
of maintenance equipment used in connection with the premises. Access
to the enclosed area shall be the minimum necessary to allow for parking
of vehicles (garage door), or limited storage of maintenance equipment
(standard exterior door), or entry to the living area (stairway or
elevator).
[Amended 1-4-2021]
[2]
Be constructed entirely of flood-resistant materials below the
regulatory flood protection elevation.
[3]
Include measures to automatically equalize hydrostatic flood
forces on walls by allowing for the entry and exit of floodwaters.
To meet this requirement, the openings must either be certified by
a professional engineer or architect or meet the following minimum
design criteria:
[a]
Provide a minimum of two openings on different
sides of each enclosed area subject to flooding.
[b]
The total net area of all openings must be at least
one square inch for each square foot of enclosed area subject to flooding.
[c]
If a building has more than one enclosed area,
each area must have openings to allow floodwaters to automatically
enter and exit.
[d]
The bottom of all required openings shall be no
higher than one foot above the adjacent grade.
[e]
Openings may be equipped with screens, louvers,
or other opening coverings or devices, provided they permit the automatic
flow of floodwaters in both directions.
[f]
Foundation enclosures made of flexible skirting
are not considered enclosures for regulatory purposes, and, therefore,
do not require openings. Masonry or wood underpinning, regardless
of structural status, is considered an enclosure and requires openings
as outlined above.
(d)
Standards for manufactured homes and recreational vehicles.
[Amended 1-4-2021]
[2]
All recreational vehicles placed on sites within a SFHA must
either:
[a]
Be on the site for fewer than 180 consecutive days,
be fully licensed and ready for highway use (A recreational vehicle
is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick-disconnect-type utilities and
security devices and has no permanently attached additions.); or
[b]
Meet all the requirements for manufactured homes in Subsection D(3)(d)[1].
(e)
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]
[1]
Not be used for human habitation;
[2]
Be limited to no more than 600 square feet in total floor area;
[3]
Be usable only for parking of vehicles or limited storage;
[4]
Be constructed with flood-damage-resistant materials below the base
flood elevation;
[5]
Be constructed and placed to offer the minimum resistance to the
flow of floodwaters;
[6]
Be anchored to prevent flotation;
[7]
Have electrical service and mechanical equipment elevated to or above
the base flood elevation;
[8]
Be provided with flood openings which shall meet the following criteria:
[a]
There shall be a minimum of two flood openings on different
sides of each enclosed area; if a building has more than one enclosure
below the lowest floor, each such enclosure shall have flood openings
on exterior walls.
[b]
The total net area of all flood openings shall be at least one
square inch for each square foot of enclosed area (nonengineered flood
openings), or the flood openings shall be engineered flood openings
that are designed and certified by a licensed professional engineer
to automatically allow entry and exit of floodwaters; the certification
requirement may be satisfied by an individual certification or an
evaluation report issued by the ICC Evaluation Service, Inc.
[c]
The bottom of each flood opening shall be one foot or less above
the higher of the interior floor or grade, or the exterior grade,
immediately below the opening.
[d]
Any louvers, screens or other covers for the flood openings
shall allow the automatic flow of floodwaters into and out of the
enclosed area.
(4)
Standards for subdivision proposals.
(a)
All subdivision proposals shall be consistent with the need
to minimize flood damage;
(b)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage;
(c)
All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood hazards; and
(d)
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.
E.
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]
F.
Variances [44 CFR 60.6].
(3)
Variances from this section shall be granted by the BZA only upon:
(4)
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.
(5)
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.
(6)
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:
(a)
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.
(b)
The danger that materials may be swept on to other lands or
downstream to the injury of others.
(c)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
(d)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners.
(e)
The importance of the services provided by the proposed facility
to the community.
(f)
The requirements of the facility for a waterfront location.
(g)
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.
(n)
Such other factors which are relevant to the purposes of this
section.
(7)
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.
(8)
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.
G.
APPURTENANT OR ACCESSORY STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION
BASEMENT
BOARD OF ZONING APPEALS
DEVELOPMENT
ELEVATED BUILDING
ENCROACHMENT
EXISTING CONSTRUCTION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
(1)
(a)
(b)
(c)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS
LETTERS OF MAP CHANGE (LOMC)
(1)
(2)
(3)
LOWEST ADJACENT GRADE
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
NEW CONSTRUCTION
POST-FIRM STRUCTURES
PRE-FIRM STRUCTURES
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REPETITIVE LOSS STRUCTURE
SEVERE REPETITIVE LOSS STRUCTURE
(1)
(2)
(a)
(b)
SHALLOW FLOODING AREA
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(a)
(b)
(2)
VIOLATION
WATERCOURSE
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]
The flood having a one-percent chance of being equaled or
exceeded in any given year. Also known as the one-hundred-year flood.
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]
Any area of the building having its floor subgrade (below
ground level) on all sides.
The Rappahannock County Board of Zoning Appeals provided for by § 170-140 of this Code.
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.
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).
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.
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]
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).
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.
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.
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.
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.
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.
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.
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]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a 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:
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.
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.
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.
The lowest natural elevation of the ground surface next to
the walls of a structure.
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.
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.
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]
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.
A structure for which construction or substantial improvement
occurred on or after August 24, 1984.
[Amended 1-4-2021]
A structure for which construction or substantial improvement
occurred before August 24, 1984.
[Amended 1-4-2021]
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
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
[1]
Editor's Note: This ordinance was readopted
12-2-19996.
[Added 3-7-1994]
A.
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.
B.
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]
[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.
C.
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.
D.
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.
E.
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.
F.
Use limitations.
(1)
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).
(2)
Building setbacks.
(a)
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.
(b)
All buildings shall have a seventy-five-foot
minimum setback from adjacent non-General Commercial Overlay Districts
outside of the General Commercial Overlay District.
(c)
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.
(3)
Parking setbacks.
(a)
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.
(b)
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.
(4)
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.
(a)
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.
(5)
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.
(6)
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.
(a)
Perimeter screening.
[1]
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.
[2]
The buffer zone shall be planted in a double
staggered row of nursery-grown evergreen trees.
[3]
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.
(b)
Tree plantings.
[1]
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.
[2]
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.
[3]
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.
(c)
Parking screening.
[1]
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.
[2]
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.
(7)
Resource protection.
[Amended 1-7-2008]
(a)
Landscaping. All proposed landscaped areas should
employ low-impact development techniques, such as bioretention facilities
in place of landscaped islands.
(b)
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.
(8)
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.
(a)
Aggregate sign areas shall be reduced by one-half
( 1/2).
(b)
Freestanding and projecting wall signs shall
be limited to 10 feet above grade.
(c)
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.
(d)
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.
G.
Design guidelines.
(1)
Intent.
(a)
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.
(b)
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.
(c)
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.
(2)
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.
(a)
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.
(b)
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.
(c)
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.
(d)
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]
(e)
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]
(f)
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]
(3)
Site access. Clear and convenient access to
a site helps give organization to a development and promotes safety.
(a)
Wherever possible, vehicular access to sites
should be provided from secondary roadways rather than from US Route
21 1/522.
(b)
Vehicular access to individual sites fronting
US Route 21 1/522 and not served by a secondary roadway should
occur opposite highway median cuts.
(c)
Vehicular access to sites on opposite sides
of a secondary roadway should be located directly opposite each other.
(d)
Adjacent sites should share vehicular access
and provide vehicular access from one parcel to another.
(e)
Barrier-free pedestrian circulation systems
parallel to roadways should be protected from vehicular traffic by
grade separation, planting strips and/or berming.
(4)
Parking. Adequate, convenient parking associated
with commercial development should have a minimal visual impact on
traditionally agricultural settings.
(a)
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.
(b)
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]
(c)
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.
(d)
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.
(5)
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)
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.
(b)
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.
(c)
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.
(6)
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.
(a)
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.
(b)
All buildings should include architectural elements,
such as entrances, windows and articulated wall surfaces, that help
them relate to pedestrian use.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(7)
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.
(a)
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.
(b)
Businesses accessible from secondary roads should
locate all commercial signs in the setback along such roads or directly
on the facade of the building.
(c)
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.
(d)
Freestanding signs (those not located on buildings)
should be integrated into the site with walls, in conjunction with
land forms and/or plant materials.
(e)
When signs are located on buildings, their placement
should not obscure or overwhelm architectural features of the building.
(8)
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.
(a)
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.
(b)
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.
(c)
Lighted signs, whether freestanding or located
on buildings, should have external, directed illumination rather than
being internally lit.
(d)
The use of site lighting for parking areas and
pedestrian circulation should be consistent in design and character
throughout the General Commercial Overlay District.
(e)
The use of high-intensity security lighting
should not be used in any area visible from adjacent public rights-of-way.
(f)
Electric, telephone and cable television service
should be located underground.
(g)
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.
(9)
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.
[Added 1-7-2008]
NOTE: See § 170-37 for applicable zoning districts and circumstances.
|
A.
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.
B.
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.
C.
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.
(1)
Within a minimum of 35 feet of the top of the
stream bank and on land classified as wetland:
(b)
Invasive nonnative species may be removed, regardless
of size.
(c)
Dead, diseased, and dying trees may be removed.
(d)
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.
(e)
Pesticides shall not be applied, except by licensed
applicators following pesticide requirements.
(2)
Between 35 feet and 100 feet from the top of
the stream bank and outside of wetlands:
(a)
Dead, diseased, and dying trees may be removed.
(b)
Invasive nonnative species may be removed, regardless
of size.
(c)
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.
(3)
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.
D.
Types of development not required to maintain or establish
a riparian buffer, provided that the requirements of this section
are satisfied:
(1)
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.
(2)
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:
(a)
To the extent practical, the location of such
water or sewer lines shall be outside of all riparian buffer areas;
(b)
No more land shall be disturbed than is necessary
to construct, install and maintain the water or sewer lines; and
(c)
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.
(3)
Silviculture activities, provided that such
activities are conducted in compliance with all applicable regulations.
E.
Permitted development, provided that all requirements
of this section are satisfied.
(1)
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;
(2)
On-site or regional stormwater management structures
and/or facilities, and temporary erosion and sediment control measures,
provided that.
(a)
To the extent practical, as determined by the
Zoning Administrator, the location of such facilities shall be outside
of the riparian buffer;
(b)
No more land shall be disturbed than is necessary
to provide for construction and maintenance of the facility, as determined
by the Zoning Administrator;
(c)
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
(3)
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.
F.
Permitted development contingent on the approval of a mitigation plan (pursuant to Subsection G) by the Zoning Administrator:
(1)
A lake, pond, or ecological/wetland restoration
project;
(2)
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;
(3)
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;
(4)
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.
G.
Riparian buffer mitigation plan requirements, as pertains to § 170-45.2F:
(1)
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.
(2)
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.
(3)
Each mitigation plan shall:
(a)
Identify the impact of proposed development
on water quality and land within the riparian buffer;
(b)
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;
(c)
Demonstrate and assure that development will
be conducted using best management practices;
(d)
Specify mitigation that will address water quality
and riparian buffer impacts; and
(e)
Contain all other information requested by the
Zoning Administrator.
(4)
Each mitigation plan shall be evaluated by the
Zoning Administrator based on the following criteria:
(a)
Whether all reasonable alternatives to development
in the riparian buffer have been explored and exhausted;
(b)
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
(c)
Whether best management practices will effectively
mitigate adverse impacts from the encroachment on the riparian buffer
and its natural functions.
H.
The Zoning Administrator shall inspect any land subject
to establishing a riparian buffer to insure that buffers are in place
per the criteria outlined in this chapter.
A.
Sanitary sewer facilities. All new or replacement
sanitary sewer facilities and private package sewage treatment plants
(including all pumping stations and collector systems) shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into the floodwaters. In addition,
they should be located and constructed to minimize or eliminate flood
damage and impairment.
B.
Water facilities. All new or replacement water facilities
shall be designed to minimize or eliminate infiltration of floodwaters
into the system and be located and constructed to minimize or eliminate
flood damages.
C.
Drainage facilities. All storm drainage structures
and/or facilities shall be designed in accordance with Chapter 145,
Stormwater Management, of the Rappahannock County Code.
[Amended 1-7-2008]
D.
Utilities. All utilities, such as gas lines, electrical
and telephone systems, being placed in flood-prone areas should be
located, elevated where possible and constructed to minimize the chance
of impairment during a flooding occurrence.
E.
Streets and sidewalks. Streets and sidewalks should
be designed to minimize their potential for increasing and aggravating
the levels of flood flow. Drainage openings shall be required to sufficiently
discharge flood flows without unduly increasing flood heights.