The purpose of these provisions is to prevent
the loss of life and property, the creation of health and safety hazards,
the disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and
relief, and the impairment of the tax base by:
A. Regulating uses, activities and development which,
alone or in combination with other existing or future uses, activities
and development, will cause unacceptable increases in flood heights,
velocities and frequencies.
B. Restricting or prohibiting certain uses, activities
and development from locating within districts subject to flooding.
C. Requiring all those uses, activities and developments
that do occur in flood-prone districts to be protected and/or floodproofed
against flooding and flood damage.
D. Protecting individuals from buying land and structures
which are unsuited for intended purposes because of flood hazards.
These provisions shall apply to all lands within
the jurisdiction of Shenandoah County and identified as being in the
one-hundred-year floodplain by the Federal Insurance Administration.
This article supersedes any ordinance currently
in effect in flood-prone districts. However, any underlying ordinance
shall remain in full force and effect to the extent that its provisions
are more restrictive than this article.
As used in this article, the following terms
shall have the meanings indicated:
BASE FLOOD ELEVATION (BFE)
The Federal Emergency Management Agency (FEMA) designated
one-hundred-year water surface elevation.
[Added 5-28-2002 by Ord. No. 02-5]
BASE FLOOD/ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
[Added 6-24-2003 by Ord. No. 2003-3]
BOARD OF ZONING APPEALS
The Board appointed to review appeals made by individuals
with regard to decisions of the Zoning Administrator in the interpretation
of this article.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving utilities, filling,
grading, excavation, mining, dredging, drilling operations or storage
of equipment or materials.
ENHANCED FLOW DISTRIBUTION
The initiation of the effluent flow to the on-site sewage
disposal system distribution box by pump or siphon for the purpose
of ensuring more uniform flow splitting to percolation lines.
[Added 10-11-1994]
FLOOD
A general and temporary inundation of normally dry land areas.
FLOODPLAIN
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation;
an area subject to the usual and rapid accumulation or runoff of surface
water from any source.
FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from
any source.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the one-hundred-year
flood without cumulatively increasing the water surface elevation
more than one foot.
[Amended 5-28-2002 by Ord. No. 02-5]
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
B.
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
C.
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
D.
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
(1)
By an approved state program as determined by
the Secretary of the Interior; or
(2)
Directly by the Secretary of the Interior in
states without approved programs.
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 structures in violation
of the applicable nonelevation design requirements of Federal Code
44 CFR 60.3.
[Added 6-24-2003 by Ord. No. 2003-3]
MANUFACTURED HOME
A structure subject to federal regulations which is transportable
in one or more sections; is eight body feet or more in width and 40
body feet or more in length in the traveling mode, or is 320 or more
square feet when erected on site; it is built on a permanent chassis;
is designed to be used as a single-family dwelling, with or without
a permanent foundation when connected to the required facilities;
and includes the plumbing, heating, air-conditioning and electrical
systems contained in the structures.
NEW CONSTRUCTION
For the purpose of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
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.
RECREATIONAL VEHICLE (TRAVEL TRAILER)
A vehicle which is:
[Amended 6-13-2023 by Ord. No. 2023-02; 8-22-2023 by Ord. No. 2023-04]
A.
Built on a single chassis.
B.
Designed to be self-propelled or permanently towable by a vehicle.
C.
Designed for use as a permanent dwelling or a temporary dwelling
for recreational camping, travel or seasonal use.
D.
Not a manufactured home pursuant to Code of Virginia, § 36-85.3.
SPECIAL FLOODPLAIN
Those areas identified as an AE Zone on the FIRM included
in the FIS for which one-hundred-year-flood elevations have been provided
in the FIS but for which no floodway has been delineated.
[Added 12-13-2005 by Ord. No. 2005-14]
SPECIAL USE PERMIT
A permit issued for a use permitted in a particular district
by the Board of Supervisors upon recommendation of the Planning Commission
to occupy or use land and/or a building or structure erected thereon
for a specific purpose not permitted by right, but permitted in accordance
with standards or conditions established in this article.
START OF CONSTRUCTION
The date the building permit was issued, provided that the
actual start of construction, repair, reconstruction, rehabilitation,
addition, placement 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 grading, clearing and filling;
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 a part of the main
structure. For a substantial improvement, the actual "start of construction"
means the first alteration on any wall, ceiling, floor or other structural
part of a building, whether or not the alteration affects the external
dimensions of the building.
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 substantial damage
regardless of the actual repair work performed. The term does not,
however, include either:
A.
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
B.
Any alteration of a historic structure, provided
that the alteration will not preclude the structure's continued designation
as a historic structure.
[Amended 5-28-2002 by Ord. No. 02-5; 6-24-2003 by Ord. No.
2003-3; 12-13-2005 by Ord. No. 2005-14]
The boundaries of the floodplain districts are
established as shown on the Flood Insurance Rate Maps, dated February
2, 2006, as amended, which are declared to be a part of this article
and which shall be kept on file at the County offices.
The delineation of any of the floodplain districts
may be revised by the Board of Supervisors where natural or man-made
changes have occurred and/or where more detailed studies have been
conducted or undertaken by the United States Army Corps of Engineers
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 Federal Insurance Administration.
Initial interpretations of the floodplain districts
shall be made by the Zoning Administrator. Should a dispute arise
concerning the boundaries of any of the districts, the Board of Zoning
Appeals shall make the necessary determination. The person questioning
or contesting the location of the district boundary shall be given
a reasonable opportunity to present his case to the Board and to submit
his own technical evidence if he so desires.
[Amended 2-25-1997 by Ord. No. 97-1]
A. Permit requirement. All uses, activities and development
occurring within any floodplain district shall be undertaken only
upon the issuance of a zoning permit. Such development shall be undertaken
only in strict compliance with the provisions of the ordinances, such
as the Virginia Uniform Statewide Building Code and the Shenandoah
County Subdivision Regulations. Prior to the issuance of any such permit, the Zoning Officer
shall require all applications to include compliance with all applicable
state and federal laws. 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. Alteration or relocation of watercourse. 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 United States Corps of Engineers, the Virginia State Water
Control Board and the Virginia Marine Resources Commission (a joint
permit application is available from any of these organizations).
Furthermore, notification of the proposal shall be given by the applicant
to all affected adjacent jurisdictions, the Division of Soil and Water
Conservation (Department of Conservation and Recreation) and the Federal
Insurance Administration.
[Added 2-25-1997 by Ord. No. 97-1; amended 3-8-2005 by Ord. No. 2005-1]
The following uses and activities are prohibited
from any floodplain district:
A. Septic systems (other than drainfields), pit privies
or other on-site waste disposal systems [except as provided in § 165-132B(l)].
C. All businesses and industries.
D. Any use where people congregate in permanent structures,
e.g., churches, schools, institutional uses, etc.
E. Any agricultural building housing confined animals.
[Amended 4-26-2005 by Ord. No. 2005-6]
F. Filling of land, except for restoration or reclamation
purposes.
[Amended 2-25-1997 by Ord. No. 97-1; 5-28-2002 by Ord. No. 02-5; 12-13-2005 by Ord. No. 2005-14]
In all floodplain districts (floodway, flood-fringe,
approximate floodplain, special floodplain, and floodplain districts)
the development and/or use of land shall be permitted in accordance
with the regulations of the underlying area, provided that all such
uses, activities and/or development shall be undertaken in strict
compliance with the floodproofing and related provisions contained
in the Virginia Uniform Statewide Building Code and all other applicable
codes and ordinances.
[Amended 2-25-1997 by Ord. No. 97-1; 5-28-2002 by Ord. No. 02-5]
A. In addition, in the floodway district, no encroachment,
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 would not result
in any increase in the one-hundred-year-flood elevation.
B. Within any special floodplain district, no development
shall be allowed 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 elevation of the
one-hundred-year flood more than one foot at any point.
[Added 12-13-2005 by Ord. No. 2005-14]
[Amended 10-11-1994; 6-13-1995; 2-25-1997 by Ord. No. 97-1]
A. Permitted activities. In any floodplain district the
following activities are permitted, provided that they are in compliance
with the provisions of this article, the provisions of the underlying
districts, and are not prohibited by any other ordinance, and provided
that they do not require structures, fill or storage of materials
and equipment.
[Amended 5-28-2002 by Ord. No. 02-5]
(1) Agriculture uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck farming, forestry,
sod farming and wild crop harvesting.
(2) Public and private recreational uses and activities
such as parks, day camps, picnic grounds, golf courses, boat launching
and swimming areas, hiking and horseback riding trails, wildlife and
nature preserves, game farms, fish hatcheries, trap and skeet ranges
and hunting and fishing areas.
(3) Accessory residential uses such as yard areas, gardens,
play areas, and pervious parking and loading areas, airport landing
strips, etc.
(4) Septic drainfields serving on-site sewage disposal
systems for single-family homes, not including septic tanks, pumps
or pretreatment facilities, provided that:
(a)
No other site for a septic drainfield can be
found on the lot outside the floodplain district that meets the requirements
of the State Health Department's Sewage Handling and Disposal Regulations.
(b)
The septic drainfield is designed and installed to meet the design criteria in §
165-135F of this article.
(c)
The design criteria in §
165-135F shall not apply to drainfields in the one-hundred-year floodplain serving dwellings or lots of record existing prior to October 1, 1978, for which a valid permit was issued by the Health Department prior to October 11, 1994, and such permit has not expired.
B. Activities permitted by special use permit. The following
activities are permitted by special use permit:
(1) Single-family dwellings subject to the following:
[Added 3-8-2005 by Ord. No. 2005-1]
(a)
Single-family dwellings are permitted with the
issuance of a special use permit on parcels that meet the following
criteria:
[1]
The parcel is zoned Low-Density Residential
(R-1), Medium-Density Residential (R-2), or High-Density Residential
(R-3).
[2]
A building site cannot be found on the parcel
outside of the one-hundred-year floodplain.
[3]
The parcel was created before 1978 and purchased
by the current owner before February 25, 1997.
(b)
Septic tank and drainfield sewage disposal systems may be approved in the floodplain district as part of the special use permit for lots meeting the criteria of §
165-132B(1)(a). These systems shall be designed by a professional engineer to a standard which shall minimize the dislodgement of any of the components of the system during a flood event. Any appurtenances associated with the system shall be designed to be floodproof. No secondary effluent treatment facilities shall be permitted as part of this process. In addition, all regulations of the Health Department and applicable regulations of the floodplain ordinance for septic systems must be met.
(2) Utilities and public facilities and improvements such
as railroads, streets, bridges, transmission lines, pipe lines, water
and sewerage treatment plants and other similar or related uses.
(3) Water-related uses and activities such as marinas,
docks, wharves, piers, etc.
(4) Extraction of sand, gravel and other materials.
(5) Temporary uses such as circuses, carnivals and similar
activities.
(6) Storage of materials and equipment, provided that
they are not buoyant, flammable or explosive and are not subject to
major damage by flooding, or provided that such material and equipment
is firmly anchored to prevent flotation or movement and/or can be
readily removed from the area within the time available after flood
warning.
(7) Farm buildings for the storage of hay or feed, farm
buildings for the sheltering, raising, and handling agricultural animals,
provided that no such animals may be confined to the buildings; also
picnic shelters with open sides. The storage of hazardous or flammable
materials is prohibited within these structures.
[Added 4-26-2005 by Ord. No. 2005-6]
[Amended 5-28-2002 by Ord. No. 02-5]
Recreation vehicles placed on sites in the floodplain
district shall not be on the site longer than two consecutive weeks.
A structure or use of a structure or premises
which lawfully existed before the enactment of these provisions, but
which is not in conformity with these provisions, may be continued
subject to the following conditions:
A. Existing structures in the floodway district shall
not be expanded or enlarged unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed expansion would not result
in any increase in the one-hundred-year-flood elevation.
B. Any modifications, alteration, repair, reconstruction
or improvement of any kind to a structure and/or use located in any
floodplain area to an extent or amount of less than 50% of its market
value, shall be elevated and/or floodproofed to the greatest extent
possible.
C. The modification, alteration, repair, reconstruction
or improvement of any kind to a structure and/or use, regardless of
its location in a floodplain area, to an extent or amount of 50% or
more of its market value shall be undertaken only in full compliance
with the provisions of this article and the Virginia Uniform Statewide
Building Code.