A.
Determinations concerning unspecified uses.
(1)
Uses not specified in district regulations as permitted
may be added to a district on application by a landowner if the Planning
Commission and Board of Supervisors find that:
B.
Temporary dwellings. The erection and occupancy of
a temporary dwelling during the construction of a permanent dwelling
is not permitted.
C.
Houses displayed for advertising purposes.
(1)
Construction of a single-family dwelling in a residential
development for advertising or display purposes and not intended to
be sold or occupied as a dwelling shall not commence until a performance
bond adequate to insure the removal of the structure has been posted
and approved by the Board of Supervisors.
(2)
Construction and use of a single-family dwelling in
a residential development for advertising or display purposes (model
home), which will eventually be sold as a dwelling unit shall be allowed
as long as construction is actively continuing in the development.
D.
Portable dwelling. No portable dwelling, occupied
or vacant, shall be located on any lot except as specifically provided
for in this chapter.
A.
Residential occupancy of accessory buildings. Use
of accessory buildings as dwellings or lodgings is expressly prohibited
except as specifically provided for in this chapter.
B.
[1]Limitation on parking/storage of inoperative vehicles.
No more than one (1) inoperative vehicle shall be parked or stored
outdoors on any lot or combination of contiguous lots under one ownership.
The parking and storage of inoperative vehicles shall be prohibited
in the Special Flood Hazard Areas as defined in the Flood Insurance
Rate Maps and Flood Insurance Study.
[Amended 5-21-2013; 8-18-2020]
C.
Limitations on parking of trucks and major mobile
construction equipment in residential districts. No truck with a gross
vehicle weight of more than 10,000 pounds shall be parked in any residential
district except for purposes of making pickups or deliveries. The
parking of major mobile construction equipment after completion of
construction is also prohibited.
D.
Limitations on yard sales. An individual may conduct
up to four yard sales a year at their home, provided that no yard
sale can be conducted for longer than a three-day duration.
E.
Unless otherwise prohibited by this chapter, public
utility poles, lines, transformers, pipes, meters and other facilities
necessary to the provision of public utility services within the County
shall be permitted in all districts.
[Added 12-17-1996]
A.
General requirements concerning arrangement and location
of structures. All buildings and other structures shall be so located
and arranged on lots as to provide safe and convenient access for
fire protection, servicing and off-street parking located on the premises.
B.
Erection of more than one principal structure on a
lot. In all residential and agricultural districts only one principal
structure, housing a use permitted by right, may be erected on a single
lot. In commercial and industrial districts, more than one structure
housing a use permitted by right may be erected on a single lot, provided
that yard, acreage and other requirements of this chapter are met
for each structure as though it were on an individual lot.
A.
Lots.
[Amended 8-15-2006; 7-17-2007]
(1)
Lot frontage shall be determined as follows:
(a)
On interior lots the front shall be the portion
nearest the street.
(b)
In the case of a through lot the Zoning Administrator
shall designate the front, and may require that a front yard be provided
at both ends of the lot.
(c)
On corner lots the front shall be the boundary
fronting on the arterial street of the two intersecting streets or
the street that provides the principal means of vehicular access to
the site. In addition, the setback shall be 50 feet from any adjoining
street. The remaining two sides shall be designated as side yards.
[Amended 3-15-2011]
(d)
In the case of a through-corner lot the owner
may select the front, provided that the lot width requirements are
met. The Zoning Administrator may require that more than one front
yard be provided.
(2)
Lot width shall be determined by measurement at the
front building setback line; street frontage shall be no less than
75% of the required lot width. On a cul-de-sac the width may be reduced
by 25%.
(3)
Lot depth (length) shall be determined by averaging
the length of the side property lines. In cases of irregular side
property lines the calculation of averaging shall be approved by the
Zoning Administrator.
B.
Yards.
(1)
Front yards. An open space on the same lot as a principal
building between the front line of the principal building and the
front lot or street line and extending across the full width of the
lot. Where the front property line is within a road easement or right-of-way
such front yard shall be measured from the easement or right-of-way
to the front building line.
(2)
Rear yards shall be provided between the rear property
line and the rear building line across the full width of the lot,
except where two front yards are required.
(3)
Side yards shall be those areas not designated as
front or rear yards, from the front building line to the rear building
line or to the second front building line on through lots.
(4)
Uses and structures permitted in yards. The following uses and structures shall be permitted in the front, side and rear yards subject to the visibility requirements of § 180-12B(5):
[Amended 7-18-1995]
(a)
Fences, walls, hedges, vegetative plantings
and permitted signs.
(b)
Accessory structures in rear and side yards
only, except:
[Amended 11-20-2001; 3-15-2011]
[1]
On agriculturally zoned lots equal to or greater
than two acres, where one accessory building may be placed in the
front yard, provided that it is set back a minimum of 50 feet from
the right-of-way.
[Amended 8-16-2011]
[2]
On agriculturally zoned lots equal to or greater than 10 acres, where
no more than two accessory buildings may be placed in the front yard,
provided that they are set back a minimum of 50 feet from the right-of-way.
[3]
On agriculturally zoned lots equal to or greater than 20 acres, where
no more than three accessory buildings may be placed in the front
yard, provided that they are set back a minimum of 50 feet from the
right-of-way.
[4]
On any lot of two acres or more where there
is a change in elevation of more than 40 feet from the edge of the
right-of-way adjoining the front yard to 150 back, where one accessory
building may be placed in the front yard, provided that it is set
back a minimum of 50 feet from the right-of-way.
(5)
Visibility at intersections. For traffic safety, no
impediment to visibility over 36 inches in height shall be allowed
on any corner lot within a visibility triangle, the apex of which
is at the intersecting right-of-way lines (extending in the case of
rounded corners); the sides of which are 20 feet in length along the
right-of-way lines; and the base of which runs through the lot.
(6)
Projections into required yards. Certain architectural
features may project into required yards as follows:
[Added 1-16-1996]
(a)
Cornices, eaves, bay windows, balconies or other
architectural features which do not touch the ground and do not have
supporting members which touch the ground within a required yard,
may project not more than four feet into any required yard.
(b)
Ramps and landings necessary for use by the
handicapped may project into required yards a distance not exceeding
12 feet. All other stoops, platforms, staircases or similar structures
leading to the entrance of a dwelling or other building may project
into required yards a distance not exceeding four feet, not to exceed
32 square feet in size, provided that they have no roof and are otherwise
uncovered.
(c)
Chimneys may project into required yards.
(d)
In no case shall any projection be nearer to
any lot line than 10 feet.
(e)
All accessory structures located within four
feet of the principle building shall be considered to be part of the
principal building.
[Amended 8-17-1993; 5-16-1995; 5-30-1995; 8-20-1996; 8-19-1997]
The height of a building structure shall be
measured from the average elevation of the ground surface along the
front of the building to the highest point of the roof if a flat roof,
to the deckline of a mansard roof or to the average distance between
the eaves and the ridge of a gable or gambrel roof.
A.
Buildings in the Industrial Zone shall not exceed
50 feet in height, provided that a building may be erected to a maximum
height of 100 feet if it is set back from every lot line, in addition
to the required distances, a distance of five feet for each one foot
of height that it exceeds the fifty-foot limit.
B.
Buildings in all zones other than the Industrial Zone
shall not exceed 40 feet in height.
C.
Roof-mounted or roof-related noncombustible structures,
such as antennas, chimneys, cooling devices and related apparatus,
shall have a height of no more than 60 feet in the Industrial Zone,
provided that they may be erected to a maximum of no more than 110
feet if they are set back from every lot line, in addition to the
required distances, a distance of five feet for each one foot of height
that it exceeds the sixty-foot limit, and no higher than 50 feet in
all other zones.
D.
Noncombustible structures in the agricultural, commercial,
industrial and residential zones, such as silos, windmills, water
towers, flagpoles, spires, cupolas and related structures, are exempt
from these height restrictions.
E.
Ground-mounted structures, such as broadcast towers,
receiving towers, communication relay towers and similar structures
must have Board of Supervisors' approval through the conditional use
permit process. Proposals for such structures shall demonstrate the
following:
(1)
The Planning Commission and/or the Board of Supervisors
may require the review of the application by a third-party consultant
approved by the Planning Commission or Board of Supervisors at the
expense of the applicant.
(2)
All possible means for sharing space on existing towers
or on existing buildings or other structures have been exhausted and
no alternative other than constructing a new tower exists.
(3)
The applicant has executed a letter of intent to allow
other parties to share space on their tower and negotiate in good
faith with other interested parties.
(4)
The height of any tower is no more than the minimum
to accomplish required coverage, and any new tower is separated from
any property line or right-of-way by not less than the height of the
tower.
(5)
The tower construction is of a design which minimizes the visual impact and the tower and other facilities have been camouflaged and/or screened from adjacent properties and rights-of-way to the maximum extent practicable. To this end, the proposal must provide for retention of existing stands of trees and the installation of screening where existing trees do not mitigate the visual impact of the facility. Such screening must, at a minimum, meet the requirements of § 180-18 of this chapter. The Planning Commission may recommend and the Board of Supervisors may require additional trees and screening when the minimum provisions do not mitigate adverse visual impacts of the facility.
(6)
The electromagnetic fields do not exceed the radio
frequency emission standards established by the American National
Standards Institute (ANSI).
(7)
The tower shall be inspected annually and certified
as safe by a private firm acceptable by the County and contracted
for by the applicant. A copy of the inspection report with a certification
that the tower is structurally safe and all microwave equipment is
in proper working condition be provided to the County.
(8)
The tower shall be demolished and removed within 90
days after abandonment. In order to ensure the demolition and removal
of the tower, the applicant shall post a letter of credit or a bond
with adequate surety acceptable to the County in an amount reasonably
determined by the County, sufficient to pay for the costs of demolition
and removal.
F.
Antenna placement on existing towers.
[Amended 7-15-2014]
(1)
The
Zoning Administrator may administratively approve, through a zoning
permit, a change to an approved tower in conjunction with site plan
approval to allow a request for co-location, removal or replacement
of transmission equipment that meets all of the following standards.
In addition, the Zoning Administrator may also administratively approve,
through a zoning permit, approval of the placement of three antenna
arrays on an existing structure, such as a building, utility pole,
water tank or other freestanding nonresidential structure that meets
all of the following standards:
(a)
The co-location, removal, or replacement does not have the effect
of diminishing the concealed character of the tower originally approved
as a concealed tower.
(b)
The mounting of the proposed antenna does not increase the height
of the tower by more than 10% of the height of the original tower
or by the height needed to provide 20 feet of separation from the
closest antenna array location on the original tower, whichever is
greater, except that the mounting of the proposed antenna may exceed
these limits if necessary to avoid interference with antennas existing
on the original tower. The aggregate height of the tower and antenna
shall not exceed 199 feet.
(c)
The mounting of the proposed antenna would not involve the installation
of more than the standard number of new equipment cabinets for the
technology involved, not to exceed four, or more than one new equipment
shelter. New equipment shelters and cabinets shall be located within
the existing compound if technically feasible and, if they require
expansion of the equipment compound, shall meet all setback requirements
and be fully screened from view.
(d)
The mounting of the proposed antenna would not involve adding an
appurtenance to the tower that would protrude from the edge of the
original tower more than 20 feet or more than the width of the tower
at the level of the appurtenance, whichever is greater, except that
the mounting of the proposed antenna may exceed the size limits set
forth in this subsection if necessary to shelter the antenna from
inclement weather or to connect the antenna to the tower via cable
(e)
The mounting of the proposed antenna would not involve excavation
outside of the original tower site, defined as the boundaries of the
leased or owned property surrounding the tower and any access or utility
easements currently related to the site as shown on the originally
approved site plan for the tower.
(f)
The mounting of the proposed antenna would not require lighting be
provided on a previously unlit tower.
(2)
The
electromagnetic fields for all antennas shall not exceed the radio
frequency emission standards established by the American National
Standards Institute (ANSI). Notwithstanding the above, the placement
of more than three antennas on such structures shall require a conditional
use permit.
A.
Purpose and intent. The purpose of this section is
to regulate the size, location, height, construction and maintenance
of all exterior signs so as to protect the health, safety, convenience
and general welfare of the public and to enhance the attractiveness
of the community.
B.
Applicability. These sign regulations shall apply
to all signs erected within Warren County prior to and following the
effective date of this chapter.
C.
Administration.
(1)
Sign permit required. Except as provided herein, no
sign shall be erected, installed, altered, relocated, replaced or
reconstructed until a sign permit has been issued by the Zoning Administrator.
(2)
Notification of installation. The permit holder shall
notify the Zoning Administrator within 10 days of the installation
of an approved sign. Any discrepancies between the approved sign and
the sign as constructed may result in the halt of construction or
the removal of the sign if so ordered by the Zoning Administrator.
(3)
Revocations. The Zoning Administrator may revoke a
permit if it is found that there has been concealment or misrepresentation
of facts in either the application or plans.
D.
ANIMATED SIGN
AWNING/CANOPY SIGN
BANNER
BILLBOARD/OFF-PREMISE SIGN
CHANGEABLE COPY SIGN
CONSTRUCTION SIGN
DIRECTIONAL SIGN, PRIVATE
DIRECTORY SIGN
FLASHING SIGN
GROUND-MOUNTED SIGN/FREESTANDING SIGN
IDENTIFICATION SIGN
ILLUMINATED SIGN
INSTITUTIONAL BULLETIN BOARD SIGN
MARQUEE SIGN
MONUMENT SIGN
PORTABLE SIGN
PROJECTING SIGN
ROOF SIGN
SIGN
SIMULATED TRAFFIC SIGN
TEMPORARY SIGN
WALL SIGN
WINDOW SIGN
Special definitions. For the purpose of these sign
regulations, the following terms shall have the meanings established
below:
A sign or part of a sign that moves or appears to move.
A sign placed directly on the vertical surface of an awning
or a canopy.
A sign applied to cloth, paper or fabric or a pennant of
any kind. Governmental or religious flags shall not be considered
banners.
A sign which directs attention to a business, commodity,
service or establishment conducted, sold or offered at a location
other than on the premises where the sign is erected.
A sign or part of a sign that is designed so that characters,
letters or illustrations can be changed or rearranged.
A temporary on-premises sign at a construction site.
An on-premises sign such as "entrance," "exit," "parking,"
"one-way" or similar directional instructions designed to guide vehicular
and/or pedestrian traffic. A directional sign shall include no advertising.
The Zoning Administrator may approve directional signs of a size,
shape and number that are necessary for and consistent with the efficient
flow of pedestrian and vehicular traffic. Ground-mounted directional
signs shall not exceed four feet in height.
[Amended 8-17-1999]
A sign on which the names and locations of occupants of a
building or group of buildings is given.
A sign that includes lights which flash, blink, pulsate or
turn on and off intermittently.
A sign which is supported directly from or affixed to a structure
built on the ground and independent of any support from a building.
A sign which displays only the name, address, crest, insignia,
trademark, occupation or profession of an occupant, the name of any
property or the name of any building on the premises.
A sign which is lit in any manner by an artificial light.
A sign displaying the name of a religious institution, school,
library, community center or similar institutional or community service
use, and the announcement of its services or activities.
A sign attached to and made part of a marquee.
A sign which is 100% affixed to a masonry, granite, limestone
or marble structure built on grade in which the sign and the structure
are an integral part of one another.
[Amended 9-15-2009]
Any sign that is not permanently affixed to a building, structure
or the ground, including signs displayed on a stationary vehicle.
Any sign which is mounted perpendicular to a building and
is supported only by the wall on which it is mounted.
A sign painted, erected or constructed in whole or in part
upon any portion of a roof of any building.
Any display of letters, words, symbols, numerals, figures,
devices, emblems, pictures or any parts or combinations thereof visible
for the purpose of making anything known; whether such display be
made on, attached to or as a part of a structure, surface or any other
thing, including but not limited to the ground, rocks, trees or other
natural objects, which display is visible beyond the boundaries of
the parcel of land on which the same is located. For the purposes
of this chapter, the term "sign" shall include all portions of the
sign structure.
Any sign as determined by the Zoning Administrator and/or
Virginia Department of Transportation, which may be confused with
an authorized traffic sign or signal.
A sign intended to be displayed for a specified period of
time.
A sign which is 100% attached to, supported to, or painted
on a wall or any flat vertical surface of a structure.
[Amended 9-15-2009]
A sign attached to, applied directly onto the surface or
set back from the interior surface of any window.
E.
Prohibited signs. Unless specifically authorized,
the following signs are prohibited:
(1)
Animated signs. This prohibition shall not apply to the hands of a clock, a weathervane or flags meeting the requirements of § 180-14F(4).
[Amended 3-21-2006]
(2)
Banners (pennants): one. Banners shall be used for
special event announcement only and shall be up for no more than 30
days in any six-month period.
[Amended 3-21-2006]
(3)
Billboards constructed after enactment of this chapter.
(4)
Flashing signs, except for time, temperature and community
message signs.
(5)
Glaring signs. Any sign, as determined by the Zoning
Administrator and/or Virginia Department of Transportation, with light
sources of such brightness as to constitute a hazard or nuisance.
(6)
Portable signs.
(7)
Roof signs.
(8)
Signs affixed to or printed on a tree, other natural vegetation or rocks. This prohibition shall not apply to security and warning signs as covered in § 180-14F(11).
(9)
Signs erected in or over a public right-of-way or
on public land except for those signs specifically authorized by the
Board or Zoning Administrator.
(10)
Signs that obstruct visibility at intersections
or block traffic signs or any window, door, fire escape, stairway
or any opening intended for light, air or access to any building.
(11)
Simulated traffic signs.
(12)
Strings of lights. Lights outlining property
lines, sales areas or any portion of a structure. This prohibition
shall not apply to decorations for recognized, annual holidays.
F.
Exempt signs. Sign permits shall not be required for
the following signs:
(1)
Changing the message content of an approved sign.
(2)
Flags, emblems and insignia of any governmental agency,
religious, charitable or public organization, provided that no single
zoning lot shall display more than three such flags. Maximum area
per flag: 40 square feet.
(3)
Handicapped parking space sign.
(4)
Historical markers and commemorative plaques erected
by a governmental body or a registered historical agency.
(5)
Home occupation sign. Only one sign, nonilluminated,
displaying the nature of the home occupation, name and/or address
of the occupant of the premises shall be permitted on a lot. Maximum
sign area: two square feet.
(6)
Identification sign. Maximum sign area: two square
feet.
(7)
Model home identification sign. One sign may be maintained
at each model home. Maximum sign area: eight square feet. Maximum
height: four feet.
(8)
Public signs installed or erected by authorized regulatory
agencies.
(9)
Private drive signs. One per drive entrance, with
the message content limited to the words "Private Drive" and the address
of residences utilizing the private roadway. Maximum sign area: two
square feet.
(10)
Seasonal or temporary displays of a patriotic,
religious or civic character on private property with no advertising
message. Maximum display time: 30 days.
(11)
Security and warning signs. Signs posted on
private property warning the public against trespassing, hunting or
similar messages. Maximum sign area: two square feet.
(12)
No more than two special sales events signs
announcing promotions, grand openings, new management, going-out-of-business
sales and similar events. Such signs may be attached to an existing
principal structure or sign pole and may be displayed on a given property
for 30 days per twelve-month period. Maximum sign area: 16 square
feet.
[Amended 9-15-2009]
(13)
Temporary and seasonal produce stand signs.
The display of such signs shall be limited to the season or period
when the temporary stand is in operation and to the property on which
the stand is located. Maximum sign area: eight square feet. Maximum
number of signs: three.
(14)
Temporary political campaign signs on private
property. Maximum sign area: four square feet. Maximum height: four
feet.
[Amended 10-19-2004]
(15)
Temporary real estate signs. The posting of
such signs shall be limited to the premises to be sold and shall be
limited to one per property except for corner lots, which may have
two such signs. Temporary real estate signs shall be removed within
seven days of the settlement or lease of the property. Maximum sign
area in residential districts: six square feet. Maximum height: four
feet. Maximum sign area in all other districts: 32 square feet. Maximum
height: 12 feet.
[Amended 8-17-1993; 9-15-2009]
(16)
Temporary signs announcing a civic, educational
or religious event. Such signs shall be erected no sooner than 14
days prior to the event and shall be removed within five days after
the event by the responsible organization. Maximum sign area: eight
square feet. Maximum sign height: eight feet.
(17)
Vehicle safety inspection signs. Such signs,
one per authorized inspection station, may be either a wall sign or
attached to an existing authorized ground-mounted sign not exceeding
the height of the ground-mounted sign. Maximum sign area: eight square
feet.
(18)
Yard sale signs. Such signs shall be limited
to three per yard. Posting shall be limited to the day of the sale
and the property involved with the sale. Maximum sign area: four square
feet.
(19)
Off-premises signs for commercial recreational
uses. Only one sign per commercial recreational use, non-illuminated,
with the message content limited to the name and direction to the
facility at a location other than on the premises where the sign is
erected. No more than one such sign shall be permitted per lot. Maximum
sign area: two square feet.
[Added 7-21-1998]
(20)
Directional signs.
[Added 8-17-1999]
(21)
Temporary construction signs.
[Added 8-17-1999]
G.
General sign standards.
(1)
Determination of sign height. The height of a sign
shall be measured from the average elevation of the ground below the
sign to the top point of the sign. Where the location of sign is lower
than the street to which it is oriented, the height may be increased
by the difference in elevation.
(2)
Determination of sign area. The area of a sign shall
be determined by measuring the surface area of any regular geometric
figure (square, circle, rectangle, triangle, etc.) enclosing all parts
of the sign face. The supports of the structure shall not be included
in determining the sign area unless these supports are designed to
form an integral background of the display. All faces of a sign shall
be included in the area of determination except for a sign with two
identical faces and an interior angle of less than 45°, in which
case only one face shall be included.
(3)
Number of sign faces. No sign shall have more than
three sign faces.
I.
Construction and maintenance standards.
(1)
Building Code compliance. All permanent signs shall
be constructed in compliance with the Virginia Uniform Statewide Building
Code and the regulations as set forth by the Virginia Department of
Transportation.
(2)
Condition of signs. All signs and structural components
shall be maintained in full repair and in an attractive condition.
(3)
Repair or removal of nuisance signs. Any sign declared
by the County Building Official to be a hazard to life or property
may be ordered to be repaired or removed. All costs for repair or
removal will be charged to the owner of the premises.
(4)
Removal of obsolete signs. Signs will be removed within
30 days of discovery of being discontinued or obsolete. All costs
of removal will be charged to the owner of the premises.
J.
Nonconforming signs.
[Amended 2-19-2013]
(1)
General. Any sign lawfully in existence at the effective date of this chapter, which does not conform to the provisions of this chapter, shall be deemed nonconforming and, as such, shall be permitted to remain but shall not be replaced, enlarged, extended, altered or repaired except as stated in § 180-14J(2)(a) and (3)(a). However, the advertisement or message content of a nonconforming sign may be changed on the existing sign.
(2)
Removal of nonconforming on-premises sign. Nonconforming on-premises
signs may remain, provided that they are kept in full repair, except
for the following:
(a)
Damage or destruction of nonconforming on-premises sign. A nonconforming
on-premises sign which has been destroyed or damaged beyond 50% of
its appraised value due to the fault or neglect of its owner, agent
or employee shall not be altered, replaced or reinstalled unless it
is brought into conformance with these sign regulations. If the damage
or destruction is 50% or less of the appraised value, the area damaged
or destroyed may be restored within 90 days of the destruction, but
the sign shall not be enlarged in any matter.
(b)
Damage or destruction of principal use. A nonconforming on-premises
sign shall be removed if the use and/or structure to which it is an
accessory is destroyed or demolished beyond 50% of the appraised value
of the principal structure or if the structure and/or use to which
the sign is an accessory is discontinued for more than two years.
(c)
Change of use. Whenever a change of use or a rezoning occurs
upon the premises containing a nonconforming on-premises sign, such
signs shall be brought into full compliance with this chapter.
(3)
Removal of nonconforming billboard/off-premises sign. Nonconforming
off-premises signs/billboards shall be maintained in a good state
of repair and shall be subject to removal if not maintained.
(a)
Repairs to nonconforming billboard/off-premises sign. All repairs
to nonconforming billboards/off-premises signs shall be submitted
by the owner in accordance with § 33.1-370.2 of the Code
of Virginia, as amended.
(b)
Nonconforming billboards/off-premises signs which are either
destroyed or damaged, to the extent of 50% or more of the current
replacement cost of the structure, shall not be rebuilt or repaired
unless the sign is brought into conformance with these sign regulations.
(4)
Relocation of nonconforming billboard sign.
[Added 5-20-2014]
(a)
A nonconforming billboard sign may be relocated if the sign is located
on land acquired by purchase or by use of the power of eminent domain
due to the widening, construction or reconstruction of any highway
as defined in § 33.1-351 of the Code of Virginia, as amended.
(b)
The owner of such nonconforming billboard sign may relocate the sign
to another location as close as practicable on the same property,
adjusting the height and angle of the sign to restore the same or
comparable visibility. However, the owner of the sign cannot increase
the size of the sign face, and the relocated sign shall continue to
be nonconforming. In addition, the provisions of § 33.1-370.2
of the Code of Virginia shall still apply to the relocated sign.
K.
Signs permitted by zoning district; permitted signs,
generally. These regulations specify the types and sizes of signs
which are permitted within the various zoning districts of Warren
County.
(1)
Agricultural and all residential districts.
(b)
Signs for permitted principal uses.
[1]
Single-family and two-family dwellings: signs exempt from permit requirements in § 180-14F and temporary construction signs.
[2]
Residential developments. Permanent, ground-mounted,
subdivision or development identification signs indicating only the
name and/or address of the premises. Maximum sign area: eight square
feet. Maximum height: four feet.
[3]
General farming activities: two ground-mounted
signs per property indicating name, address and/or farming activities
of the property. Maximum sign area: 16 square feet. Maximum height:
eight feet.
[4]
Public use site: one ground-mounted sign. Maximum sign area: 16 square
feet. Maximum height: six feet.
[Added 9-15-2009]
(3)
Signs for conditionally permitted uses.
(4)
(5)
Signs for individual commercial or industrial activity
on a single lot. A single business located on a commercially or industrially
zoned lot may erect signs as follows:
[Amended 4-16-1996; 3-21-2006; 8-15-2006]
(b)
Types of signs permitted: wall, projecting,
awning, canopy, marquee or monument.
(c)
Maximum size of signs:
[1]
Wall sign.
[a]
Sign/Frontage ratio: one square
foot per linear foot of building frontage.
[b]
Maximum sign area: 64 square feet.
[c]
For buildings with more than 100
feet of building frontage, an additional one square foot of sign area
for each five feet over 100 feet of building frontage, not to exceed
150 square feet.
[2]
Monument sign.
[3]
Awning, canopy or marquee sign. Maximum sign
length shall not exceed the length of the vertical surface of the
awning, canopy or marquee.
[4]
Projecting sign. Maximum sign area: eight square
feet.
(6)
Signs for multiple businesses on a single zoning lot.
Multiple businesses located on a single zoning lot may erect signs
as follows:
[Amended 3-21-2006; 8-15-2006]
(a)
Maximum number of signs per business: three.
(b)
Types of signs permitted: wall, monument, projecting,
awning, canopy, marquee or monument. Mixtures of monument signs and
projecting signs are prohibited.
(c)
Maximum size of signs: the same as for individual businesses. See § 180-14K(5).
(e)
Wall sign: two per establishment, one per wall,
which shall be similar in color and lettering to other signs on the
same lot. The size shall be limited to one square foot of the building
frontage for the establishment. Maximum sign area: 200 square feet.
For buildings with more than 100 feet of building frontage, an additional
one square foot of sign area for each five feet over 100 feet of building
frontage, not to exceed 150 square feet. The sign shall not occupy
more than 90% of the building frontage.
[Amended 9-15-2009]
(7)
Signs for commercial and industrial centers (parks).
A planned, integrated development of five or more establishments located
on a minimum of two acres shall be authorized to erect signs based
on the following:
[Amended 4-16-1996; 3-21-2006; 8-15-2006]
(a)
Signs for individual establishments within a
center: the same as for individual or multiple businesses, provided
that no monument sign shall be permitted for individual businesses
located within or on the same lot with a shopping center. One monument
building identification sign may be erected for each detached principal
building within a commercial or industrial center. Such sign shall
identify only the name of the building and/or enterprise located therein,
the address, trademark, symbol or any combination thereof.
(b)
Shopping center identification sign: one monument
sign. Only the name and address of the center and the names of establishments
located therein shall be displayed.
[1]
Maximum sign area: 64 square feet.
[2]
Maximum height: 20 feet.
[3]
For shopping centers located on sites of greater
than 20 acres, two additional square feet of sign area for each acre
over 20 acres, not to exceed 150 square feet.
[4]
A shopping center with frontage and access to
two or more roads in the state highway system may have one freestanding
sign for each road, with a maximum of two such signs.
[5]
No freestanding signs other than those noted
above shall be permitted for individual businesses located within
the same shopping center.
(d)
Directional signs: on-premises sign, such as
"entrance," "exit," "parking,” "one-way," and similar directional
instructions designed to guide vehicular and/or pedestrian traffic.
Directional signs shall include no advertising and may include the
business name and/or logo only. The Zoning Administrator may approve
directional signs of a size, shape and number that are necessary for
and consistent with the efficient flow of pedestrian and vehicular
traffic.
[Amended 9-15-2009]
(e)
Awning or canopy sign. One awning or canopy
sign shall be permitted for each business. The sign must be located
completely under the awning or canopy and be perpendicular to the
building. Maximum sign area: four square feet.
(8)
Signs for fuel stations. Motor vehicle service and/or
filing stations shall comply with and be limited by all applicable
sign regulations within this section, including the provisions and
limitations as set forth in the following paragraphs:
[Amended 4-19-1994; 2-16-1999]
(a)
Motor vehicle service and filling stations may
have one ground-mounted sign. Maximum sign area: 64 square feet. Maximum
height of the ground-mounted: 12 feet.
(b)
Freestanding fuel price signs are not permitted.
(c)
If a canopy is constructed of such a size as
to protect vehicles, patrons and pumps against the weather, then the
fuel brand name or brand symbol may be displayed on two vertical surfaces
of the canopy (fascia), provided that the fascias selected are an
integral part of the canopy, provided that the letters or symbol do
not exceed the vertical dimensions of the fascias and provided that
no promotional and/or special sale advertisement are included. Maximum
height of letters or symbols: two feet. Maximum length of combined
letters or symbols: 12 feet. The fascia and sign may be illuminated,
provided that no flashing lights are involved.
(d)
Pump island signs showing the brand of fuel
and the type of fuel being offered are permitted, provided that the
signs do not extend beyond the cluster of pumps being covered, provided
that the signs offer no hazard to the safety of the motorist or attendant
using the pump or pumps covered and provided that no promotional and/or
special sale advertisements are included. These signs may be illuminated,
provided that no flashing lights are involved. Maximum height of pump
island signs: two feet.
(e)
If a building is constructed that is an integral
part of the service station operation, such as a pay booth, pay booth
and snack bar, food court, pay booth and general store and very similar
combinations, then one wall sign shall be permitted on that vertical
wall of the ancillary building closest to and best seen from the fuel
dispensing area. Maximum height of the sign: two feet. Maximum length
of the sign: 10 feet. The sign may be illuminated, provided that no
flashing lights are employed.
(9)
Signs for theaters. Theaters are allowed one sign per street frontage in compliance with § 180-14K(5), (6) and (7).
(10)
Signs for other uses within commercial and industrial
districts. In cases where the regulations within this Article do not
specifically address a sign for a permissible use within a commercial
or industrial district, the Zoning Administrator shall make a written
interpretation of the chapter, which shall be kept on file and used
as a guide for future determinations.
Within all districts, off-street parking shall be provided in accordance with the Table of Off-Street Parking Spaces Required (§ 180-15G). A standard off-street parking space shall measure at least nine feet in width by 18 feet in length except as provided for below. Parking spaces shall be properly related to a street for access purposes and shall be equipped with sufficient maneuvering space to preclude maneuvering of vehicles on any street or sidewalk. Spaces shall be arranged so that any vehicle may be removed without moving another. An area designated for required off-street parking shall not be discontinued or diminished until equal facilities are provided elsewhere in conformity with the regulations of this chapter.
A.
Reduction of size of parking spaces. Where more than
20 spaces are required by this chapter, a maximum of 20% of the required
spaces may be reduced to a minimum width of eight feet and a minimum
length of 16 feet, provided that such spaces are clearly marked for
compact cars only.
B.
Paving of parking areas. Where four or more parking spaces are required, the entire parking area shall have a hard surface. Hard surfacing shall not be required for agricultural pursuits as defined in § 180-8.
[Amended 8-18-2009]
C.
Lighting of parking areas. Where 20 or more parking
spaces are required, the area shall be illuminated to an appropriate
and reasonable level. Light sources shall be shielded and directed
in such a manner as to protect the privacy of adjoining properties.
D.
Buffering requirements. Where four or more parking
spaces are required and if located closer than 50 feet to a lot line
in any residential district, buffer screening shall be provided by
the owner of the parking space property. Screening details, including
provisions of continuous maintenance, shall be a part of the zoning
permit application.
E.
Limitation on use of off-street parking areas. Off-street
parking areas shall be used exclusively for parking. Storage, sale,
repair, display, dismantling, servicing or similar activities are
prohibited.
F.
Location of off-street parking. Required off-street
parking facilities shall be provided on the same lot with the principal
use or structure. Adjacent property may be used to satisfy the off-street
parking requirements of this chapter where an applicant can demonstrate
that adequate conditions and contractual safeguards exist to assure
the future availability on such property.
G.
The Table of Off-Street Parking Spaces Required is
as follows:
[Amended 4-18-2006; 10-16-2007]
|
Table of Off-Street Parking Spaces Required
| ||
|---|---|---|
|
Use
|
Spaces Required
| |
|
Boarding- or rooming house
|
1.0 per bed
| |
|
Bowling alley
|
4.0 per alley plus 1.0 per employee
| |
|
Church
|
1.0 per 4 fixed seats
| |
|
Circuses, carnivals
|
As determined by Zoning Administrator
| |
|
Community center
|
1.0 per 3-person occupancy plus 1.0 per employee
| |
|
Day-care, nursery
|
1.0 per 10 children plus 1.0 per employee
| |
|
Dwelling units
|
2.0 per unit
| |
|
Fairgrounds
|
1.0 per 3-person occupancy plus 1.0 per employee
| |
|
Funeral parlor
|
1.0 per 4 fixed seats or 1.0 per 75 square feet
whichever is greater
| |
|
Greenhouse, commercial
|
1.0 per 100 square feet of retail sales area
plus 1.0 per employee
| |
|
Home occupation
|
3.0 per 1,000 square feet of gross floor area
| |
|
Hotel, motel and extended-stay hotel
|
1.0 per unit or room plus restaurant spaces
| |
|
Manufacturing establishment
|
2.0 per worker on main shift
| |
|
Mobile homes
|
2.0 per unit
| |
|
Museum
|
1.0 per 3-person occupancy plus 1.0 per employee
| |
|
Office building
|
5.0 per 1,000 square feet net floor area
| |
|
Personal service establishment
|
1.0 per 200 square feet gross floor area plus
1.0 per employee
| |
|
Private club, lodge
|
1.0 per 4 fixed seats
| |
|
Private schools
|
1.0 per 5 pupils plus 1.0 per employee
| |
|
Recreation, commercial
|
1.0 per 3-person occupancy plus 1.0 per employee
| |
|
Rest or convalescent home
|
1.0 per 4 beds
| |
|
Restaurant
|
13.0 per 1,000 square feet of gross floor area
| |
|
Retail stores
|
5.0 per 1,000 square feet of gross floor area
| |
|
Tavern
|
15.0 per 1,000 square feet of gross floor area
| |
|
Vacation camp
|
1.5 per staff member
| |
|
Veterinary service
|
1.0 per 200 square feet of gross floor area
| |
|
Wayside stands
|
1.0 per 100 square feet of sales per display
area
| |
|
Zoo
|
1.0 per 3-person occupancy plus 1.0 per employee
| |
|
Other uses
|
As determined by Zoning Administrator
| |
[Amended 2-21-1995; 2-17-1998; 5-20-2008; 3-15-2022; 7-26-2022]
A.
Statutory authorization and purpose and intent.
(1)
Statutory authority: In accordance with the general purpose and intent,
this section is specifically adopted pursuant to the authority granted
to localities by Virginia Code §§ 15.2-2280 and 10.1-600
et seq. and all amendments thereto.
(2)
Purpose and intent. These flood ordinances shall be designed to provide
for safety from flood, to facilitate the provision of flood protection,
and to protect against loss of life, health, or property from flood.
The purpose of these provisions is to prevent the loss of life and
property, the creation of health and safety hazards, the disruptions
of commerce and all 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 or located within
dam break inundation zones;
[Amended 5-21-2013]
(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 or dam break hazards;
[Amended 5-21-2013]
(e)
The Planning Department shall maintain copies of all mapped
dam break inundation zones;
[Amended 5-21-2013]
(f)
Addressing a local need of property owners for flood insurance
and to participate in the National Flood Insurance Program (NFIP).
B.
Applicability: These provisions shall apply to all privately or publicly
owned lands within the unincorporated limits of Warren County and
identified as being in the special flood hazard area (SFHA) by the
Federal Insurance Administration or by the community. These lands
are also identified in the most recent Flood Insurance Study (FIS)
and the Flood Insurance Rate Maps (FIRM) adopted by the Warren County
Board of Supervisors on June 3, 2008, and all subsequent revisions.
[Amended 5-21-2013]
C.
Compliance and disclaimer of liability.
(1)
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 ordinances and regulations which apply to
uses within the jurisdiction of this section.
(2)
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
within the Special Flood Hazard Areas and adjacent areas.
(3)
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 that land uses permitted within such district
will be free from flooding or flood damages.
[Amended 5-21-2013]
(4)
Records of actions associated with administering this section shall
be kept on file and maintained by the Planning Department in perpetuity.
[Added 5-21-2013]
(5)
This section is not a waiver of sovereign immunity or any statutory
immunities and shall not create liability on the part of Warren County
or any officer, agency or employee thereof for any flood damages that
result from reliance on this chapter or any administrative decision
lawfully made thereunder.
D.
Abrogation and greater restrictions.
(1)
This chapter supersedes any less restrictive, conflicting ordinance
currently in effect in flood-prone areas. 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.
(2)
These regulations are not intended to repeal or abrogate any existing
ordinances including subdivision regulations, zoning ordinances, or
building codes. In the event of a conflict between these regulations
and any other ordinance, the more restrictive shall govern.
(3)
This chapter shall also include any subsequent revisions and amendments
to the Flood Insurance Rate Maps and the Flood Insurance Study effective
June 3, 2008.
E.
Severability.
(1)
If any section, subsection, paragraph, sentence, clause, or phrase
of this section shall be declared invalid for any reason, 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.
F.
Designation of County Floodplain Administrator. The Floodplain Administrator
is hereby appointed to administer and implement these regulations
and is referred to herein as the County Floodplain Administrator.
The County Floodplain Administrator may:
(1)
In the absence of a designated Floodplain Administrator, the duties
are conducted by the Planning Director, Zoning Administrator or Zoning
Officer.
(2)
The duties and responsibilities of the County Floodplain Administrator
shall include:
(a)
Review applications for permits to determine whether proposed
activities will be located in the special flood hazard area (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)
Administer the requirements related to proposed work on existing
buildings: Make determinations as to whether buildings and structures
that are located in the flood hazard areas and that are damaged by
any cause have been substantially damaged.
(e)
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.
(f)
Assure that all other state and federal permits are obtained.
(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)
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.
(j)
Enforce the provisions of these regulations, investigate violations,
issue notices of violations or stop-work orders, and require permit
holders to take corrective action.
(k)
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.
(l)
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.
(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; 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 the Federal Emergency Management Agency when the corporate
boundaries of Warren County have been modified and:
[1]
Provide a map that clearly delineates the new corporate boundaries
or the new area for which the authority to regulate pursuant to these
regulations has either been assumed or relinquished through annexation;
and
[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.
G.
Penalties.
(1)
Enforcement. This section shall be administered and enforced by an
officer to be known as the "Floodplain Administrator." The Floodplain
Administrator may be assisted in the enforcement of this section by
the Planning Director, Zoning Administrator, Building Official and
all other officials of Warren County, Virginia, pursuant to their
respective fields. The Floodplain Administrator shall have all necessary
authority on behalf of the governing body to administer and enforce
this section, including the ordering in writing of the remedying of
any condition found in violation of this section and the bringing
of legal action to ensure compliance with this section, including
abatement or other appropriate action or proceeding.
(2)
Violations. Any person who violates any of the provisions of this
section or permits any such violation or fails to comply with any
of the requirements hereof shall be guilty of a misdemeanor and, upon
conviction thereof, shall be subject to a fine or punishment as provided
by law. Each day during which such violation continues shall constitute
a separate offense. The imposition of a fine or penalty for any violation
or failure to comply with any of the requirements hereof shall not
excuse the violation or noncompliance.
H.
Reporting NFIP participation and local permit information and submission
of new technical data to FEMA.
(1)
The County shall submit to a report to FEMA concerning the County's
participation in National Flood Insurance Program (NFIP), including,
but not limited to, the County's development and implementation of
floodplain regulations, under 44 Code of Federal Regulations (CFR)
§ 59.22(b) either annually, biennially on upon request by
FEMA.
(2)
The County shall, on request from FEMA or the VA Department of Conservation
and Recreation, submit a report which may include information, regarding
the number of buildings, permits issued, appeals and variances for
development of properties in the special flood hazard areas.
(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 Federal Insurance Administrator
of the changes by submitting technical or scientific data. Such 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.
I.
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BOARD OF ZONING APPEALS
CODE OF FEDERAL REGULATIONS (CFR) TITLE 44 CHAPTER 1
CRITICAL FACILITIES
DAM BREAK INUNDATION ZONE
DEVELOPMENT
ELEVATED BUILDING
ENCROACHMENT
ENGINEERED OPENING
EXISTING CONSTRUCTION
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
(1)
(a)
(b)
(c)
(2)
FLOOD-DAMAGE-RESISTANT MATERIALS
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FREEBOARD
HEC-RAS (HYDROLOGIC ENGINEERING CENTER - RIVER ANALYSIS SYSTEM)
HIGHEST ADJACENT GRADE (HAG)
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
HYDROLOGIC AND HYDRAULIC (H&H) ANALYSIS
LETTER OF MAP CHANGE (LOMC)
(1)
(2)
(3)
(4)
(5)
LOWEST ADJACENT GRADE (LAG)
LOWEST FLOOR
MANUFACTURED/MOBILE HOME
MANUFACTURED/MOBILE HOME PARK
NEW CONSTRUCTION
NONCONFORMING STRUCTURE
NONENGINEERED OPENING
POST-FIRM BUILDING
PRE-FIRM BUILDING
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
REMEDY A VIOLATION
REPETITIVE LOSS STRUCTURE
SEVERE REPETITIVE LOSS STRUCTURE
SHALLOW FLOODING AREA (SHEET FLOW AREA)
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
WATERCOURSE
Definitions. Notwithstanding any other provision of the Warren County
Code, for the purposes of this section, the following words and phrases
shall have the meanings described herein:
The flood having a 1% chance of being equaled or exceeded
in any given year and may be referenced as the 1% annual chance 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 section, the base flood is the 1% annual
chance flood.
Any area of the building, including any sunken room or sunken
portion of a room, having its floor below ground level (subgrade)
on all sides.
The board appointed to review appeals made by individuals
with regard to decisions of the Zoning Administrator in the interpretation
of this section.
The code of federal rules and regulations published in the
federal register implemented and enforced by FEMA under the Department
of Homeland Security.
Those structures or facilities such as hospitals, nursing
homes, children and adult day-care and housing which are likely to
house occupants who may not be sufficiently mobile to avoid death
or injury during a flood event; police stations, emergency rescue
vehicle and equipment storage facilities and emergency operations
centers; and public and private utility facilities which are vital
to maintaining or restoring normal services to flooded areas before,
during and after a flood event; structures which produce, use or store
highly volatile, flammable, explosive, toxic and/or water-reactive
materials.
The area downstream of a dam that would be inundated or otherwise
directly affected by the failure of the dam. The dam break inundation
zone shall be as shown on the dam break inundation zone map filed
with the Virginia Department of Conservation and Recreation.
[Added 5-21-2013]
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 non-basement building built to have the lowest floor elevated
above the ground level by means of fill, 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.
An engineered opening is a mechanical opening, which is activated
during a flood, revealing an unobstructed area for which floodwater
can flow through to equalize the hydrostatic loads on the enclosure
wall. These openings are performance tested and certified to cover
a square footage amount.
Any buildings and structures for which the start of construction
commenced before May 1, 1980, in conjunction with the Flood Insurance
Rate Maps. Existing construction is also referred to as existing structures.
[Added 5-21-2013]
A federal agency of the United States Department of Homeland
Security that oversees the National Flood Insurance Program (NFIP).
An official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard
areas and the risk premium zones applicable to the community. DFIRM
is the digital version of the FIRM.
[Added 5-21-2013]
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.
[Added 5-21-2013]
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 subsistence 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) of this definition.
Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage
that requires more than cosmetic repair.
[Added 5-21-2013]
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 risk
of flood damage to real estate or improved real property, water and
sanitation facilities, or structures and their contents; these include
required anchoring and strapping of structures and the inclusion of
approved flood vents when necessary.
[Added 5-21-2013]
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
a designated height not to exceed one foot as set by the National
Flood Insurance Program. Reference definition for "regulatory floodway."
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. It is a specific additional
height requirement above the base flood elevation (BFE) that provides
a margin of safety against extraordinary or unknown risks.
[Amended 5-21-2013]
A one-dimensional steady flow hydraulic model designed to
aid hydraulic engineers in channel flow analysis and floodplain determination.
[Added 5-21-2013]
The highest natural elevation of the ground surface prior
to construction located adjacent to the proposed walls of a structure.
[Added 5-21-2013]
Any structure that is:
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;
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, flood profiles and mapping of
the special flood hazard area.
[Added 5-21-2013]
An official FEMA determination by letter which reflects an
official revision or amendment to an effective Flood Insurance Rate
Map. A letter of map change is issued in lieu of the physical revision
and republication of the effective map. Letters of map change include:
Letters 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 parcel of land as defined
by metes and bounds or a 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.
Conditional Letter of Map Revision Based on Fill (CLOMR-F) is
a conditional determination that a structure or parcel of land will
be elevated by fill above the base flood elevation and will be no
longer exposed to flooding associated with the base flood. A LOMR-F
is then submitted once fill has been placed in the area during construction.
This construction may have taken place during the time the engineering
study was being performed or subsequent to that study.
[Added 5-21-2013]
The lowest natural elevation of the ground surface located
adjacent to the walls of the 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 non-elevation design requirements of Federal Code
44 CFR 60.3.
A structure, transportable in one or more sections, 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.
[Amended 5-21-2013]
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
[Added 5-21-2013]
For the purposes of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of an initial Flood Insurance Rate Map on May 1, 1980, whichever
is later, and includes any subsequent improvements to such structures.
For floodplain management purposes, "new construction" means structures
for which 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 which
is on or after May 1, 1980, and includes any subsequent improvements
to such structures. This also includes the replacement of a structure
of facility which has been totally destroyed.
A structure or use of a structure or premises which lawfully
existed before the enactment of these provisions and Flood Insurance
Rate Maps adopted on May 1, 1980.
A nonengineered opening is an opening or air vent device
that is used to meet FEMA/NFIP's requirement of one square inch of
net open area for one square foot of enclosed area.
A building for which construction or substantial improvement
occurred after May 1, 1980, or on or after the effective date of an
initial Flood Insurance Rate Map (FIRM), whichever is later.
[Added 5-21-2013]
A building for which construction or substantial improvement
occurred on or before May 1, 1980, or before the effective date of
an initial Flood Insurance Rate Map (FIRM).
[Added 5-21-2013]
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 able to be permanently towed;
and
[Amended 5-21-2013]
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational camping, travel or seasonal
use.
Regulatory floodway means 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 a designated height.
Remedy a violation means to bring the structure or other
development into compliance with state or local floodplain management
regulations, or, if this is not possible, to reduce the impacts of
its noncompliance. Ways that impacts may be reduced include protecting
the structure or other affected development from flood damages, implementing
the enforcement provisions of the ordinance or otherwise deterring
future similar violations, or reducing federal financial exposure
with regard to the structure or other development.
Any insurable building for which two or more claims of more
than $1,000 were paid by the National Flood Insurance Program (NFIP)
within any rolling ten-year period since 1978. A repetitive loss property
may or may not be currently insured by the NFIP.
[Added 5-21-2013]
Repetitive loss structures with four separate claim payments
greater than $5,000 each which include building and contents or two
or more separate claim payments within any rolling ten-year period
since 1978 for the building only, where the total of payments exceeds
the current market value of the structure.
A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's
FIRM with a 1% or greater annual chance of flooding to an average
depth of one to three feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable, and where velocity
flow may be evident. Such flooding is characterized by ponding or
sheet flow.
[Added 5-21-2013]
The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as determined in § 180-16J(2) of this section and formerly called the 100-year floodplain. Includes areas having special flood, mudflow, or flood-related erosion hazards, and shown on a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) as Zones A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/A1-A30, V1-V30, VE and V.
[Amended 5-21-2013]
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 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. For insurance purposes, means:
a building with two or more outside rigid walls and fully secured
roof, that is affixed to a permanent site, or a manufactured home
built on a permanent chassis, transported to its site in one or more
sections, and affixed to a permanent foundation, or a travel trailer
without wheels built on a chassis and affixed to a permanent foundation.
These are regulated under the community's floodplain management and
building ordinances or laws.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 45% of the assessed value of the structure before
the damage occurred: This term does not, however, include either:
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 45% of the assessed
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:
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 an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A grant of relief by a community from the terms of a floodplain
management regulation.
The failure of a structure or any other development to be
fully compliant with Warren County's floodplain management regulations
shall be deemed a violation. A structure or other development without
the required floodplain determination, zoning and building permits,
elevation certificate, other certifications, or other evidence of
compliance required by 44 CFR 60.3 is presumed to be in violation
until such time as that documentation is provided for the as- built
structure prior to final inspection approval and issuance of a certificate
of occupancy from the Building Inspections Department.
[Added 5-21-2013]
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.
J.
Establishment of floodplain districts and dam break inundation zones.
[Amended 5-21-2013]
(1)
Description of districts.
(a)
Basis of districts. The various floodplain districts shall include
special flood hazard areas. The basis for the delineation of these
districts shall be the Flood Insurance Study (FIS) for Warren County
prepared by the Federal Emergency Management Agency, dated June 3,
2008, as amended.
[1]
The Special Flood Hazard Area (SFHA) Floodway District 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
base 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 4, Floodway Data, of the
above-referenced Flood Insurance Study and shown on the accompanying
Flood Insurance Rate Map.
[2]
The Special Flood Hazard Area Zone AE District shall be those
areas identified as an AE Zone on the Flood Insurance Rate Maps accompanying
the Flood Insurance Study for which base flood elevations have been
provided but for which no floodway has been delineated.
[3]
The Special Flood Hazard Area Zone A District shall be those
areas identified as an A Zone on the maps accompanying the Flood Insurance
Study. In these zones, no detailed flood profiles or elevations are
provided, but the 1% annual chance of flooding boundary has been approximated
in the Flood Insurance Rate Maps and Digital Flood Insurance Rate
Maps.
[4]
Warren County may identify and regulate local flood hazard or
stormwater areas that are not delineated on the FIRM through the County's
subdivision application process. 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. This data may be submitted
by a certified engineer and shall be used during the letter of map
revision process for determination of the floodplain and base flood
for a specific area.
(b)
Overlay concept.
[1]
The floodplain districts described below shall be overlays to
the existing underlying districts as shown on the Official Zoning
Map of Warren County and, as such, the provisions for the floodplain
districts shall serve as a supplement to the underlying district provisions.
[2]
Any conflict between the provisions or requirements of the floodplain
districts and those of any underlying district, the more restrictive
provisions and/or those pertaining to the floodplain districts shall
apply.
[3]
In the event that any provision concerning a floodplain district
is declared inapplicable as a result of any legislative or administrative
actions or judicial decision, the basic underlying provisions shall
remain applicable.
(2)
Official Zoning Map. The boundaries of the Special Flood Hazard Area
and Floodplain Districts are established as shown on the Flood Insurance
Rate Map (FIRM) and Digital Flood Insurance Rate Map (DFIRM) which
is declared to be a part of this section and which shall be kept on
file at the Warren County Planning and Zoning offices.
(3)
District boundary changes.
(a)
The delineation of any of the Floodplain Districts may be revised
by the Warren County 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 Emergency Management Agency (FEMA) after an elevation
certificate and letter of map change (LOMC) have been submitted to
them.
(b)
Initial interpretation of the boundaries of the floodplain districts
shall be made by the County Floodplain Administrator, Planning Director,
Zoning Administrator or Deputy 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.
(4)
Jurisdictional boundary changes.
(a)
In accordance with CFR, Title 44, Subpart (B), Section 59.22(a)(9)(v),
all NFIP participating communities must notify the Federal Emergency
Management Agency and optionally the State Coordinating Office in
writing whenever the boundaries of the community have been modified
by annexation or the community has otherwise assumed or no longer
has authority to adopt and enforce floodplain management regulations
for a particular area.
(b)
In order that all Flood Insurance Rate Maps (FIRM) 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.
K.
District provisions.
(1)
Permit and application requirements.
[Amended 5-21-2013]
(a)
Permit requirement. All uses, activities and development occurring within any floodplain district shall be undertaken only upon the issuance of a floodplain determination, zoning and building permits. Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code, Chapter 155, Subdivision of Land, and Chapter 180, Zoning, of the Code book of Warren County. Prior to the issuance of any such permit, the Zoning Administrator, Floodplain Administrator and Building Official shall require all applications to include compliance with all applicable state and federal laws.
(b)
Site plans and permit applications. All applications for development
within any floodplain district and all building permits issued for
the special flood hazard area shall incorporate the following information:
[1]
The base flood elevation (BFE) at the site, topographic information
showing existing and proposed ground elevations for structures to
be elevated, and the lowest floor elevation (including basement).
[2]
For structures to be floodproofed, and the elevation to which
the structure will be floodproofed.
[3]
The issuance of an elevation certificate for an as-built residential
dwelling structure prior to the final inspection and a certificate
of occupancy being issued by Warren County Building Inspections and
submitted to the Zoning or County Floodplain Administrator within
30 days prior to the issuance of a certificate of occupancy.
(2)
General standards. In all SFHA Districts the following provisions
shall apply to all permits:
[Amended 5-21-2013]
(a)
The building of critical facilities in the special flood hazard
area 1% annual chance and 0.2% annual chance flood/shaded zone X area
shall be prohibited.
(b)
New construction and substantial improvements shall be built
according to this section and the VA USBC, and anchored to prevent
flotation, collapse or lateral movement of the structure.
(c)
Manufactured homes shall be anchored to prevent flotation, collapse
or lateral movement. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground anchors. This
standard shall be in addition to and consistent with applicable state
requirements for resisting wind forces.
(d)
New construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(e)
New construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage.
(f)
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.
(g)
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
(h)
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.
(i)
On-site waste disposal systems shall be located and constructed
to avoid impairment to them or contamination from them during flooding.
(j)
Any alteration, repair, reconstruction or improvements to a
building that is in compliance with the provisions of this section
shall meet the requirements of new construction as contained in this
section.
(k)
Any alteration, repair, reconstruction or improvements to a
building that is not in compliance with the provisions of this section
shall be undertaken only if said nonconformity is not furthered, extended
or replaced.
(l)
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 (USACE),
the Virginia Department of Environmental Quality (DEQ) and the Virginia
Marine Resources Commission (VMRC). A joint permit application is
available from any of these organizations or from other Virginia state
offices of environmental programs. Furthermore, notification of the
proposal shall be given by the applicant to all affected adjacent
jurisdictions, the Department of Conservation and Recreation (DCR)
Division of Dam Safety and Floodplain Management and the Federal Insurance
and Mitigation Administration (FIMA).
(m)
The flood-carrying capacity within an altered or relocated portion
of any watercourse shall be maintained. 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.
(n)
In any flood zone the Floodplain Administrator may require a
hydrologic and hydraulic analysis for any development.
(o)
Development within the special flood hazard areas shall not
adversely impact any threatened and endangered special status faunal
species as identified by the Virginia Department of Wildlife Resources
(DWR).
(3)
Specific standards. In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated according to § 180-16K(1), the following provisions shall apply and shall comply with the current Uniform Statewide Building Code (USBC):
(a)
Residential construction. Construction of these structures within
the regulatory floodway (SFHA Floodway District) shall be prohibited.
Within the Special Flood Hazard Areas Zones A and AE, new construction
or substantial improvement of any residential structure (including
manufactured homes) shall have the lowest floor, including basement,
elevated no lower than 2 1/2 feet (30" above BFE) above the base
flood elevation. They must also meet a linear setback of 50 feet from
the edge of the regulatory floodway as determined in the Flood Insurance
Study or through a base floodwater surface elevation and contour analysis
survey. Such certifications and determinations, including the specific
elevation (in relation to mean sea level) to which such structures
are floodproofed, shall be maintained by the County Planning Department.
The Zoning Administrator shall determine that the yard location and
setbacks for structures located in residential zoned properties and
adjacent to the waterway are compliant and meet the Warren County
Code requirements and floodplain determination elevation and comments
of the Floodplain Administrator. A signed and notarized letter of
understanding for a non-conversion of the dwelling shall be submitted
at the time of the permit application.
(b)
Nonresidential commercial, industrial and institutional construction.
New construction of these structures within the SFHA Floodway shall
be prohibited. Substantial improvement of any existing commercial,
industrial, or institutional buildings located in all A and AE Zones
shall have the lowest floor, including basement, elevated to no lower
than 2 1/2 feet (30" above BFE) above the base flood elevation.
These buildings may be floodproofed in lieu of being elevated, provided
that all areas of the building components below the elevation corresponding
to the BFE plus 2 1/2 feet (30" above BFE) 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 certifications shall be provided during the site plan
process and must be approved by the County Floodplain Administrator
or Zoning Administrator.
(c)
Accessory structures. Vacant lots in the Residential-1 (R-1)
and Residential-2 (R-2) Zoning Districts, located in the Special Flood
Hazard Area shall have a principal use for private-use camping established
by conditional use permit prior to an accessory structure being located
on the property. Vacant lots in all residential and Agricultural (A)
Zoning Districts located within or in a portion of the special flood
hazard area shall require a floodplain determination, zoning and building
permits prior to construction of any accessory structure used for
by-right, conditional use permit or agricultural exemption uses. In
residential districts there shall be a limit of one structure allowed
within the special flood hazard area and the structure is to be used
for storage of property maintenance, recreation equipment, or a pavilion
and shall be composed of materials approved by the Planning Department.
It shall be no larger than 200 square feet and shall meet the requirements
for flood venting based on square footage of the structure and for
anchoring. In the Agricultural District there shall be a limit of
two structures allowed within the special flood hazard area, inclusive
of agricultural exempt structures as determined by the County and
shall not exceed the cumulative area of 320 square feet for both structures.
Structures shall be required to be floodproofed and strapped or anchored
according to the Virginia Uniform Statewide Building Code (USBC).
The appropriate building permits shall be issued prior to construction
and a final inspection shall be conducted by a County Building Inspector
and the Floodplain Administrator, or Zoning Official. Accessory structures
shall have no kitchen facilities and shall not be used for living
quarters nor used for dwelling purposes or occupied overnight.
(d)
Fences. Prior to installation, any fence located within the
special flood hazard area shall first receive a zoning permit, floodplain
determination and documentation identifying the fence type and its
location to be approved by the Floodplain Administrator or Zoning
Administrator. Solid panel or board on board/batten fencing shall
not be permitted.
(e)
Elevated buildings. 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). The interior portion of such enclosed area shall not be
partitioned or finished into separate rooms, except to enclose storage
areas;
[2]
Be constructed entirely of flood-resistant materials below the
regulatory flood protection elevation;
[3]
Include, in Zones A and AE, 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.
(f)
Standards for manufactured homes and recreational vehicles.
[1]
All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood must meet all the requirements for new construction, including the elevation and anchoring requirements in § 180-16K(1) and (2).
[2]
All manufactured homes placed or substantially improved in an
existing manufactured home park or subdivision must be elevated so
that:
[a]
The lowest floor of the manufactured home is elevated
no lower than one foot 2 1/2 feet (30" above BFE) above the base
flood elevation;
[b]
The manufactured home chassis is supported by reinforced
piers or other foundation elements of at least an equivalent strength
and of no less than 36 inches in height above the grade; or
[c]
The manufactured home must be securely anchored
to the adequately anchored foundation system to resist flotation,
collapse and lateral movement.
[3]
All recreational vehicles placed on sites must either:
[a]
Be on the site for fewer than 180 consecutive calendar
days in any one year and be fully licensed and ready for highway use.
[b]
The major recreational equipment is ready for highway
use if it is on its wheels or jacking system, attached to the site
by only quick-disconnect-type utilities and securities and has no
permanently attached additions.
[c]
The parking and storage of inoperative major recreational
equipment shall be prohibited.
[4]
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.
(4)
Standards for Special Flood Hazard Area Zone A District.
[Amended 5-21-2013]
(a)
When base flood elevation data or floodway data have not been provided, the Zoning Administrator or County Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or any other source, in order to administer the provisions of § 180-16K. In locations where the specific base flood elevations and floodway boundary cannot be determined using sources such as the United States Army Corps of Engineers Floodplain Reports, United States Geological Survey Flood-Prone Quadrangles or other existing data, then the applicant shall provide documentation certifying the base flood elevation and floodway boundary using hydrologic and hydraulic engineering methods and modeling. This analysis shall be certified by a state-registered professional engineer or surveyor and submitted to the Planning Department with supplemental data relating to the study. When such base flood elevation and floodway boundary data is utilized, the Zoning Administrator or County Floodplain Administrator shall obtain:
[1]
An elevation certificate which states the elevation (in relation
to the mean sea level) of the lowest floor (including the basement)
of all new and substantially improved structures; and
[2]
Documentation that the structure has been floodproofed in accordance with the requirements of § 180-16K(3), above, the elevation in relation to the mean sea level to which the structure has been floodproofed.
(b)
Any new construction or substantial improvement of any residential
structure (including manufactured homes) shall have the lowest floor,
including basement, elevated no lower than 2 1/2 feet (30" above
BFE) above the base flood elevation.
(c)
Any new construction or development must meet a linear setback
of 50 feet from the edge of the regulatory floodway based on best
available data or through a hydrologic and hydraulic analysis study
submitted by a certified engineer or a topological field survey by
a licensed surveyor.
(d)
Development activities in Zone A on the Warren County Flood
Insurance Rate Map which increase the water surface elevation of the
base flood by more than one foot may be allowed, provided that the
developer or applicant first applies, with the Board of Supervisor's
endorsement, for a conditional letter of map revision (CLOMR) and
receives the approval of the Federal Emergency Management Agency.
(5)
Standards for the Special Flood Hazard Area Zone AE District. The
following provisions shall apply within this district:
[Amended 5-21-2013]
(a)
New construction, substantial improvements, or other development
(including fill) shall be permitted within the areas of special flood
hazard, designated as AE on the Flood Rate Insurance Map and located
and setback 50 feet outside of the regulatory floodway.
[1]
An elevation certificate which states the elevation (in relation
to the mean sea level) of the lowest floor (including the basement)
of all new and substantially improved structures; and
[2]
Documentation that the structure has been floodproofed in accordance with the requirements of § 180-16K(3), above, the elevation in relation to the mean sea level to which the structure has been floodproofed.
(b)
Any new construction or substantial improvement of any residential
structure (including manufactured homes) shall have the lowest floor,
including basement, elevated no lower than 2 1/2 feet above the
base flood elevation (30" above BFE).
(c)
Any new construction or development must meet a linear setback
of 50 feet from the edge of the regulatory floodway as determined
in the Flood Insurance Study or through a base floodwater surface
elevation analysis completed by a certified engineer or topological
field survey by a licensed surveyor.
(d)
Development activities within the AE flood zone on the Warren
County Flood Insurance Rate Map which increase the water surface elevation
of the base flood by more than one foot may be allowed, provided that
the developer or applicant first applies, with the Board of Supervisor's
endorsement, for a conditional flood insurance rate map revision (CLOMR)
and receives the approval of the Federal Emergency Management Agency.
(6)
Standards for the Special Flood Hazard Area Floodway District. The
following provisions shall apply within this district:
[Amended 5-21-2013]
(a)
Encroachments, including fill, new construction, substantial improvements and other developments shall be prohibited, with the exception of accessory structures used solely for storage of recreation equipment and property maintenance equipment as referenced in § 180-16K(3)(c). All development shall require a floodplain determination and shall have a zoning and building permit issued if it is deemed to be a qualifying accessory structure, fence and any land disturbance or erosion stabilization.
(b)
If § 180-16K(6)(a) is satisfied, all new construction of accessory structures shall comply with all applicable flood hazard reduction provisions of § 180-16K.
(c)
The placement of manufactured homes (mobile homes) is prohibited,
except in an existing manufactured homes (mobile homes) 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.
(7)
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)
Hydrologic and hydraulic analysis and/or drainage study, erosion
and sediment, encroachment analysis and base flood elevation data
shall be provided for subdivision proposals and other proposed development
proposals (including manufactured home parks and subdivisions greater
than 50 lots or five acres) that are in the SFHA or within 100 feet
of the boundary of the special flood hazard area.
[Amended 5-21-2013]
L.
Variances: factors to be considered.
(1)
In passing upon applications for variances, the Board of Zoning Appeals
shall satisfy all relevant factors and procedures specified in other
sections of the Zoning Ordinance and consider the following additional
factors that are exceptional, unusual, and specific to the property:
(a)
The showing of good and sufficient cause and an exceptional hardship exists, the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public, and is the minimum action necessary to afford relief and meets the required standards for a variance as outlined in the Code of Warren § 180-62B.
(b)
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
or Floodplain District that will cause any increase in the Special
Flood Hazard Area base flood elevation.
[Amended 5-21-2013]
(c)
The danger that materials may be swept on to other lands or
downstream to the injury of others.
(d)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
(e)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners.
(f)
The importance of the services provided by the proposed facility
to the community.
(g)
The requirements by other state agencies of the facility in
a waterfront location.
(h)
The availability of alternative locations not subject to flooding
for the proposed use.
(i)
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(j)
The relationship of the proposed use to the comprehensive plan
and floodplain management program for the area.
(k)
The risk to individuals stranded in isolated structures surrounded
by what is, in many cases, rapidly flowing, debris-laden floodwater
and the risk to rescue workers and the safety of access by ordinary
and emergency vehicles to the property in time of flood.
(l)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters expected at the site.
(m)
The repair or rehabilitation of historic structures upon a determination
that the proposed repair or rehabilitation will not preclude the structure's
continued designation as an historic structure, and the variance is
the minimum necessary to preserve the historic character and design
of the structure.
(n)
Such other factors which are relevant to the purposes of this
section.
(o)
The ability of the property owner to remove equipment and vehicles
incidental to the use of the property prior to or during a flood event.
[Amended 5-21-2013]
(p)
Development must not cause an increase in water surface elevations
(WSEL) during floods of any magnitude.
(2)
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.
(3)
Variances shall be issued only after the Board of Zoning Appeals
has determined that the granting of such will not result in unacceptable
or prohibited increases in flood heights greater than one foot (1');
additional threats to public safety; extraordinary public expense;
and will not create nuisances; cause fraud or victimization of the
public; or conflict with local, state or federal laws or ordinances.
[Amended 5-21-2013]
(4)
Variances shall be issued only after the Board of Zoning Appeals
has determined that the variance will be the minimum required to provide
relief from exceptional hardship to the applicant.
(5)
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 Special Flood Hazard Area base flood elevation increases
the risks to life and property and will result in increased premium
rates for flood insurance.
[Amended 5-21-2013]
(6)
A record shall be maintained of the above notification as well as
all variance actions, including justification for the issuance of
the variances. Any variances that are issued shall be noted in the
annual or biennial report submitted to the Federal Insurance Administrator.
(7)
A record of the issuance of a variance with any conditions attached
shall be recorded with the deed to the property and on any elevation
certificate submitted for the property within 30 days from the approval
of the variance by the Board of Zoning Appeals (BZA).
[Amended 5-21-2013]
A.
A home occupation is a use conducted entirely within
a dwelling unit clearly incidental and subordinate to its use for
residential purposes by its occupants. Home occupations shall be confined
to the principal structure, wherein not more than 25% of the floor
area of the dwelling unit shall be used in the conduct of the home
occupation.
B.
No person other than members of the family residing
on the premises shall be engaged in such occupation.
C.
There shall be no change in the outside appearance
of the building or premises or other visible evidence of the conduct
of such home occupation other than one nonilluminated sign. Maximum
sign area: two square feet.
D.
No equipment or process shall be used in a home occupation
which creates noise, vibration, glare, fumes, dust or odors detectable
to normal senses outside the dwelling unit. No equipment or process
shall be used which creates visual or audible interference in any
radio or television receivers off the premises or causes fluctuations
in line voltage off the premises.
E.
No traffic shall be generated by a home occupation
in greater volume than would normally be expected in a residential
neighborhood. Any need for parking generated by the conduct of a home
occupation shall be met by providing off-street parking in an area
other than in a required front yard.
F.
Boarding- and rooming houses, tourist homes, bed-and-breakfast
homes and private educational institutions shall not be deemed home
occupations.
[Amended 3-17-1998]
It is the intent of the regulations of this
section to encourage proper design of a site in order to protect adjacent
existing and proposed uses within the site. Certain types of uses
must be buffered from other types in order to ensure a desirable environment.
Additionally, appropriate distances must be maintained between commercial,
industrial and residential uses and roads.
A.
Distance buffers. Distance buffers are based on the
nature of an activity and its proximity to an activity of a different
nature. They are linear distances measured from property lines inward.
Part of the buffer must be inactive and part may be active. The inactive
portion begins at the adjoining property line.
(1)
Inactive distance buffer. This portion of a buffer
area permits no activity except the necessary functions provided by
transmission lines, underground conduits, waterlines, sewer lines,
etc.
(2)
Active distance buffer. This portion of a buffer may
not be encroached by a building or other principal structure or activity.
However, parking is permitted in this area. Active buffers shall not
contain road rights-of-way.
(3)
Wherever a proposed structure or use is within 200
feet of the boundaries of existing uses, the Planning Commission may
require increased or additional distance buffers.
B.
Screening. Screening is designed to work with distance
buffers to lessen the impact of noise or visual impact between adjacent
activities. There are two levels of screening: landscape screening
and full screening. The higher the level of screening provided, the
lower the level of distance buffer required.
(1)
Landscape screening. A landscape screen consists of
a totally landscaped easement at least 10 feet in depth. "Totally
landscaped" means a minimum landscaping density of three plants per
10 linear feet. These plants shall be at least four feet in height
at planting and intended to reach a minimum height of six feet at
maturity. There shall be at least three species of plants, with the
majority being evergreens and at least 1/3 being deciduous. Where
natural barriers, topography or other features achieve the functions
of the landscape screen, the requirement for screening may be waived
by the Planning Commission or Board of Supervisors.
(2)
Full screen. A full screen provides all the elements
of a landscape screen and also includes a six-foot-high opaque hedge,
fence, wall, mound or berm. An existing woodland strip of 50 feet
may be allowed as a full screen. If natural barriers, topography or
other features achieve the results of the full screen, the requirement
may be waived by the Planning Commission or Board of Supervisors.
The requirements of this subsection may be changed to maintain highway
sight distances.
(3)
Wherever proposed structures or uses are adjacent
to existing uses, the Planning Commission may require additional landscaping
or landscaped easements to separate different uses and to achieve
the intent of this section.
C.
Zoning district buffers. Buffers shall be placed on
land to be developed when it adjoins land in a different zoning district(s).
(1)
Buffers shall be provided on the land to be developed
according to the categories in the following tables:
(a)
Buffer categories:
|
Distance Buffer Required
| ||||
|---|---|---|---|---|
|
Category
|
Screening Provided
|
Inactive
(minimum)
(feet)
|
Active
(maximum)
(feet)
|
Total
(feet)
|
|
A
|
Full screen
|
--
|
--
|
--
|
|
A
|
Landscape screen
|
--
|
--
|
--
|
|
A
|
No screen
|
25
|
25
|
50
|
|
B
|
Full screen
|
25
|
25
|
50
|
|
B
|
Landscape screen
|
50
|
25
|
75
|
|
B
|
No screen
|
100
|
50
|
150
|
|
C
|
Full screen
|
50
|
25
|
75
|
|
C
|
Landscape screen
|
100
|
50
|
150
|
|
C
|
No screen
|
250
|
50
|
300
|
(b)
Buffer categories to be provided on land to
be developed according to the zoning of the adjoining land:
|
Zoning of Land to be Developed
|
A
|
R-1
|
R-2
|
VR
|
SR
|
C
|
I
|
|---|---|---|---|---|---|---|---|
|
A
|
—
|
—
|
—
|
—
|
—
|
A
|
A
|
|
R-1
|
—
|
—
|
—
|
—
|
—
|
A
|
A
|
|
R-2
|
—
|
—
|
—
|
—
|
—
|
A
|
A
|
|
VR
|
—
|
—
|
—
|
—
|
—
|
A
|
A
|
|
SR
|
—
|
—
|
—
|
—
|
—
|
A
|
A
|
|
C
|
B
|
B
|
B
|
B
|
B
|
—
|
A
|
|
I
|
C
|
C
|
C
|
C
|
C
|
B
|
—
|
(2)
The Planning Commission may waive or reduce any or
all of the requirements for the applicable zoning district buffers
on a particular site plan when all uses shown on the site plan are
allowed in both the zoning district in which the development is occurring
and in the adjoining zoning districts.
(3)
Whenever screening or a barrier is required by this
chapter or by conditions imposed by the Board, there shall be a perpetual
responsibility on the part of the applicant/owner to maintain the
screening or the barrier in a condition comparable to or better than
originally approved.
[Amended 9-6-1995]
A.
In order to protect the public health, the use of
land for the exterior accumulation of refuse in a location visible
from any public right-of-way or adjacent property, except under specified
conditions, is hereby declared to be contrary to public policy. Except
during periods of alteration, construction or repairs performed under
authorization of a building permit, the accumulation of scrap materials
of any nature in an exterior location other than in closed-lid containers,
approved junkyards, automobile graveyards or sanitary landfills for
periods in excess of 15 days is prohibited. Upon complaint of any
citizen, the Administrator shall investigate or cause to be investigated
such complaint and, if he finds this section is being violated, shall
notify the occupant or owner of the premises involved. Failure of
such occupant or owner to remove such accumulation of refuse within
10 days after such notification shall constitute a violation of this
chapter.
B.
In the event that prosecution of a violation of this
section is deemed by the Board of Supervisors to have been ineffectual
in bringing about compliance with this section or is deemed by the
Board to be impractical, the Board of Supervisors, after reasonable
notice, may have such trash, refuse, litter and like substances which
might endanger the health and safety of other residents of the County
removed by its own agents or employees, in which event the cost thereof
shall be chargeable to and paid by the owners of such property and
may be collected by the County as taxes and levies are collected.
Every charge authorized by this section with which the owners of any
such property shall have been assessed and remains unpaid shall constitute
a lien against such property.
