Loading...
004-09������ Action: BaARD CF SL7PERVISORS: July 22, 2009 � APPROVED � DENIED 1lhapter Ib5 �on�ng, �` x�l�cle �, �'�' �`lo ©dpla�n I��slr�cts chapter I65 Zoning, �rt�cle �I IIe�Fnali ®ns Prop ®sed �evfs�ons to C ©�npky writh Stale and �`edera� Recl�aire�nenls and �'EMA Food Insurance Mate 10'iaps �A.S, the Frederick County T'lansiing Department has been directed to prepare revisions to Chapter 165 Zoning, Article XV, FP Floodplain Districts and Article XXIT Definitions, pertaining to proposed revisions in order to comply with state and federal requirements and FEMA Flood Insurance Rate Maps. �VI�EI$EAS, The Development Review and Rea lations Con�xzittee (DRRC} recornnnended approval of this amendment on June 25, 2009; and 'EREAS, the Planning Commission discussed the draft ordinance on July 15, 2009; and recon�uxnended that a public hearing be held; �VIIEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general. welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding arrzendments to Chapter 165 Zoxzing, Article XV, FP Flaodplain Districts and Article XXIT Def nitions, pertaining to proposed revisions in order to carr�ply with state and federal requirements and FEMA Flood Insurance Rate Maps. l�(7W, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions io Chapter iG5 Zoning, Article XV, FP Floodplain Districts and Article XXII Def nitions, pertaining to proposed revisions in order to comply v�vith state anti federal requirements and FEN1A Flood Insurance Rate Maps. Passed this 22nd day of �u1y, 2009 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C- Shickle, Chairman Aye Gary A. Lofton Aye A e Gary W. Dove Aye Bill M. Ewing y Aye Aye Gene E- Fisher Charles S. DeHaven� �z- Aye Philip A. Lemieux A � Y ATTE '�` � . ley, r. F Brick County Administrator BOS Res. i6�04 -09 ���NT� �� F`D�II� - - - Dcpart�ent of Plar$nirng aid Development. - ��a���� -�6�1 T ®: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner: ��- Saabject: Discussion — Floodplain Districts Date: July l6, 2009 Article XV of the Frederick County Zoning {?rdinance, Floodplain Districts, is the portion of the ordinance that lays out the various floodplain districts and the uses and disturbance permitted within the various districts. The current regulations in the Zoning Ordinance are based on the Flood Insurance Study for Frederick County and Flood Boundary and FIoodway Maps, dated July 17, 1978. This map i� the official map of a community on which FEMA has delineated both the special hazard areas and the risk premium zones applicable to the community- FEMA has developed new Flood insurance Rate Maps and Frederick County is required to adopt a floodplain ordinance that is compliant with the state and federal requirements. Staff has prepared revisions to the Floodplain Districts section that are in conformance with the Department of Conservation and Recreation's (DCR) model ordinance. '?l'>�is ite€� is presented fQr dksc�ssaQno Staff is see�ug c€s?u�e�ts and clireetaflr� froffi floe Board of Supervffsors an thzs �Dning Drdina�ce text ameudmez��. $ackgraund As a participating community in the National Flood Insurance Program (NEIP), Frederick County is responsible for making sure that rts Foodplain management regulations meet or exceed the manimum requirements of the NFIP and the Commonwealth of Virginia. zf Frederick County's Foodplain ordinance does not meet the minimum requirements, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) cannot offer flood insurance. In Virginia, the Department of Conservation and Recreation (DCR} is the manager of the floodplain program anal designated coordinating agency of the National Flood Insurance Program. DCR has created a model floodplain zoning ordinance that has been approved by FEMA as a compliant ordinance. By September 2, 2009 FEMA is required to approve the legally enfoxceable floodplain management measures in Frederick County. Staff has been working with the Virginia Department of Conservation and Recreation {DCR) to revise Article XV so that it would be compliant. The revisions contained in Attachment 1 are based on the Department of Conservation and Recreation's (DCR) model floodplain ordinance. These revisions are necessary to be in conformance with the 2009 Flood Insurance Study and the Flood InsuY'an -ce Rate Map far Frederick County prepared by the United States Department of Housing and Urban Deveiopznent, Federal Insurance Administration, dated September 2, 2009. � ®7 i��r-th went street, Su$te �lE� e �anehestcr, V�r�inaa 22��� -5�9�� Fzedezick County Board of Supezvisors Re: �loadplaiu D €sti icts Page 2 7uly 16, 2009 The revisions to the Floodplain Districts are as follows: ® New sections to the ordinance including: a Purpose o Applicability o Compliance and Liability o Abrogation and Greater Restrictions o Severability o Interpretation of District Boundaries o Permit and Application Requirements o Genezal Standards for all Special Flood Hazard Areas a Specific Standards o Standards for the Special Floodplain District o Standards for Approximated Floodplain o Standards for Subdivision Proposals o Penalties for Violations ® Numerous sections were renamed e New titles for the study and maps, and new date for the map adaption (2449) a Renaming the Flood- Fringe District to the Special Floodplain District e Revisions to the Floodway District development prohibitions section New and revised definitions The item was presented to the Developn3ent Review and Regulations Coxnrnittee (DRRC) at their irzeeting on June 25, 2409. The DRRC endorsed the changes and recomrnencled it be sent to the Planning Commission for discussion. The Planning Comrnissian discussed this item at their meeting en July 15, 2009 and forwarded it to the Board of Supervisors for discussion. The attached documents show the existing ordinances with the proposed changes supported by the DRRC and the Planning Commission (wish strikethroughs for text eliminated, red for text added, blue for staff notations). This proposed text amendment is being presented as a discussion item and staff is seeking comments and direction from the Board of Supervisors_ If the Board believes the amendment is appropriate, the staff will schedule a public hearing; attached is a resolution directing the item- to public hearing should the Board deem it appropriate. Attaehrnents: 1. Revised ordinance with additions shown in red and deletions are shown with a strikethrough. 2. Correspondence from FEMA 3. Resolution c1JPmhd DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT New Text Existing Text in Black 11..1..4...7 Te..T4:�. C�t+i�rni��s���i.rsk �11 Staff Notes in Blue ARTICLE XV FP Floodplain Districts Purpose The ose of these revisions are to revent the loss of life and ro ert the creation of health and safet hazards the disrtx tion of commerce and overnmental services the extraordin and unnecessar ex enditure of ublic funds far flood rotection and relief and the im airment of the tax base by: ;„ Compliance and Liability_ A. 1'rlo land shall hereafter be develo ell and no structure shall be located relocated constructed reconstructed enlar ell or structurall altered exce tin full com liance with the terms and revisions of this cha ter and an other a livable re ulations which a 1 to uses within the 'urisdiction of this cha ter. B. The de ree of flood rotection sou t b the revisions of this cha ter is considered reasonable for re late oses and is based on acce table en ineerin methods of stud . Lar er floods ma occur on rare occasions. Flood hei hts ma be increased b man -made or natural causes such as ice 'ams and brill e o enin s restricted b debris. This cha ter does not im 1 that districts outside the flood lain district or that land uses ermitted within such district will be free from floodin ox flood llama es. DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT C. Records of actions associated with administerin this cha ter shall be ke t on file and maintained by the Frederick Coun , Zoning Administrator.. D. This chapter shall not create liability on the part of Frederick County or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. Abrogation and Greater Restrictions more restrictive than this chapter. Severability whatever rovlsYOns or tries cna ter are riereb tiectareci to be severagie, N�, --�-1� scri tion of Districts A. Basis of districts. The various floodplairi'" districts .shall include areas subject to inundation by waters of the one - hundred year flood.. v ' he basis for the delineation of these districts shall be the Flood Insurance Rate Maps (FIRM for Frederick County prepared Eby the Federal Emergency Management AgencX, Federal Insurance Adminsirat�on, dated September 2, 2009, a � ended. (1) ,a.x The Floodway. District is delineated for purposes of this article using the criteria "� °�_ that certain ar a� within the floodplain must be capable of carrying the waters of the one - hundred ' 100 -ear flood without increasing the water surface elevation of that flood more:. llaan one � foot at any point. The areas included in this Dist ct are specif tally defined in Table 2 of the above - referenced Flood Insurance St�idy and shown on the accompanying Flood Boundary and Floodway Map or F'lood�I�surance Rate Maps. (2) The Special Flood lain District shall be those areas identified as an AE Zone on the rnabs accompanying the Flood Insurance Study for which one hundred !1001 -year flood elevations have been t�rovided. The basis for the outermost boundary of this district shall be the one - hundred -year flood elevations contained in the flood profiles of the above - referenced Flood Insurance Study and shown on the accompanying €deed '� ^���^����� � „� �',.,.a.. °�•� "'� ^~ Flood Insurance Rate Maps. 2 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT (3) The Approximated Floodplain District shall be those areas identif ed as an A Zane on the maps accompanying the Flood Insurance Studies. u.i vu. ivi rr iiivii iiV uv�u.iivµ LIVVµ l+1 V111V�] Vl LIV YTN L1V11J LL1V kJ1V Y1l.LVl.{., VUL VY111/T�. —LF „ ,, ,a ,� �,,.,a>,,,, „ ,..� ,.,�„ > ,,,,� �,,, �t,.a In these zones, no viii- �lul..�r�°.�cc- j-i °var�� detailed flood profiles or elevations are provided, but the one hundred (1{�0�year floodt�lain 7boundary has been approyx`i�mated. �e��e���- n- �n��� }� �rP'9�ep�'rt7 J �t n..f.M ..+ .��' i7..,..7;.... �r�2ellt; I����s•H�c��a�i�C��it�aa; -r,�� -tee,. , �� , o, �e�e sed �u�h u�: �n��.,,aoa Q_�� �oo�, {- �.t}C��s- o�rrgtneer�#�aod�l . f *: �� � �-� ?ziia i?r urn-rrrr vrrs �' �, The above sections removed from this portion and m ved to � r�rrrds for Approximated Floodplain B. Overlay concept. "'���. <�_,; -.� (1} The floodplain districts described above `shall be overlays to the existing underlying districts as shown on the Official`��oning Ordinance Maps, and as >, such, the provisions for the floodplain districts shall serve as a supplement to the underly�g "district° rovisions. ,� (2} Where there happens to be any conflict between the provisions or requirements of any oft���floodplam districts and those of any underlying district, those pertaining to the floodplain�`d�slrcts 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 discretion, the basic underlying district provisions shall remain applicable. .Flood Insurance Rate Man. The boundaries of the Sbecial Flood Hazard Area and Floodplain Districts are established as shown on the �'r,.a '�Arr„a�M, ra �',- ,.- „ar.,.,.. "''�M Flood Insurance Rate Mara, which are by reference made a part of this � chapter and which shall be kept on file at the Frederick C_ ounty offices. �3: District boundary changes. The delineation of any of the floodplain districts may be revised by Frederick County where natural or man -made changes have occurred andlor more detailed studies conducted or undertaken by the United States Army Corps of Engineers or other qualif ed agency or individual 3 DRAFT CHANGES TO THE FF FLOODPLAIN DISTRICT documenting the necessity for such change. However, pxiar to any such change, approval must be obtained from the Federal Insurance Administration. Interpretation of District Boundaries Initial rote retations of the boundaries of the Flood lain Districts shall be made b the Zonin Administrator. Should a dis ute arise concernin the boundaries of an of the Districts the Board of Zonin A eals shall make the necess determination. The erson uestianin or contestin the location of the District bound shall be iven a reasonable o ortunit to resent his case to the Board and to submit his own technical evidence if he so desires. Permit and Application ReQUirements IC available from an one cif these or anizations . Further notification of the ro osal shall be iven to all ad'acent 'urisdictions the Division of Dam Safet and Flood lain Mona ement De artment of Conservation and Recreation and the Federal Insurance Administration. C. Site Plans and Permit A lications. All a lications for develo meat within an flood lain district and all buildin ermits issued for the flood lain shall inco orate the following information: 1. The elevation of the Base Flood at the site. 2. The elevation of the lowest floor includin basement . DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 3. For structures to be flood - proofed fnon- residential onlX�, the elevation to which the structure will be flood- proofed. 4. The elevation of the one - hundred -year flood. S. Topographic information showing existing and proposed ground elevations. General Standards for all. Special Flood Hazard Areas. A. New construction and substantial i C. I� E. �. G. H. a1� movement � them or contamination from them durin flooding. I. Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this chapter shall meet the requirements of "new construction" as contained in this chapter. J. Any alteration, ret�air, reconstruction or improvements to a building that is not in compliance with the provisions of this chapter shall be undertaken only if said non - 5 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT conformity is not furthered, extended, or replaced. K. Prior to env proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit shall be obtained from the U. S. Corps of En ineers, the Vir inia De artment of Environmental uali ,and the Vir inia Marine Resources Commission. Furthermore, notification of the ro osal shall be iven b the a licant to all affected ad'acent "urisdictions, the De artment of Conservation and Recreation Division of Dam Safe and Flood lain Mana ement and the Federal Insurance Administration. L. The flood c in ca aci within an altered or relocated ortion of an watercourse shall be maintained. the BFE lus one foot are water ti ht with walls substantiall im ermeable to the assa e of water and use structural com onents Navin the ca abilit of resistin h drostatic and h droll emit loads and the effect of buo ant Are istered rofessional en ineer or architect shall certify that the standards of this subsection are satisfied. C. Elevated Buildings Enclosed areas of new construction or substantiall im roved s�r�ctures which are below the re atory flood protection elevation shall: 1. Not be desi ell or used for human habitation but shall onl be used for arkin of vehicles buildin access or limited store e of maintenance e ui ment used in DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (�:ara�e door} ar limited storage of maintenance equipment (standard exterior door }. or entry to the livin area ,stairway or elevator }. Be constructed entirely of flood resistant materials below the regulatory flood protection elevation; 3. Include, in Zones A, AO, 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 ar meet the fallowing minimum design criteria: 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 anchoringirequirernents in General Standards for all Special Flood Hazard Areas A -B, and Specific Standards A}. 2. All manufactured homes placed or substantially _improved in an existing DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT manufactured home .ark or subdivision in which a manufactured home has not incurred substantial dama e as the result of a flood shall elevated so that either a. The lowest floor of the manufactured home is elevated no lower than one 1 foot above the base flood elevation, or b. The manufactured home chassis is su Dried b reinforced iers or other foundation elements of at least e uivalent stren th that are no less than 36 inches in height above grade c. 3. All recreational vehicles laced on sites must either: a. be on the site for fewer than 180 consecutive da s• b. be fully licensed and ready for hi�hway use a rE c. Meet all Standards for the Floodwav District A. Encroachments, including fill, new c development,, shall be prohibited unless site in. substantial improvements or other "with snnnertin� technical data by a it �r� anv increase °yin flood levels during occurrence of the base flood. uses shall also be ermitted in the Nloodwa District: i. Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting. ii. Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and natural preserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and dishing areas. iii. Accessory residential uses, such as yard areas, gardens, play areas and pervious loading areas. DRAFT CHANGES TO THE FP FLOODPLAYN DiSTRYCT B. If Section {Standards for Approximated Floodplain A) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter. C. The placement of manufactured homes {mobile homes) is prohibited, except in an existing manufactured home (mobile home park or subdivision. A replacemenfi manufactured Name m_ay be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met. D. In the Floodway District, the following uses shall only be permitted with a conditional use permit: 1. Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, etc. 2. Utilities and public facilities and improvements, such as railroads, streets, bridges, transmission lines, pipelines, water and; sewage treatment plants and other similar or related uses. � 3. Other similar uses and activities, provided chat they cause no increase in flood heights and/or velocities. All uses, activities and struc uraldevelopments shall be undertaken in strict compliance with the floodpro�g�, ���ravisions contained in all other applicable codes and regulations. `' . Development activities in Zones A and AE, on the Frederick County Flood Insurance_ Rate_ Map which increase the water surface elevation of the base flood by mare than one foot may be allowed provided that' the developer or applicant first applies, with Frederick Count endorsement, far a conditional Flood Insurance Rate Map revision, and receives the approval of the Federal Emergency Management Agency Standards for Approximated Floodplain District The foliowing_provisions shall apply with the Approximate Floodplain District: A. The A roximated Flood .lain D_ istrict shall be that flood lain area for which no detailed flood prof les or elevations are provided, but where a one hundred (100�year Faodplain boundary has been approximated. Such areas are shown as Zone A on the maps DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT accompanying the Flood Insurance Study. For these areas, the one hundred 100 -ear flood elevations and floodway information from federal, state, and other acceptable sources shall be used when available. Where the s ecifie one hundred 100 -ear flood elevation cannot be determined far this area using other sources of data, such as the U. S. Army Corps of En ineers Floodplain Information Reports, U. S. Geological Survey Flood -Prone uadran les etc. then the a licant for the ro used use develo ment andlor activit shall determine this elevation in accordance with h drolo is and h draulic en ineerin techni ues. H drolo is and h draulic anal ses shall be undertaken onI b rofessional en ineers or others of demonstrated ualifications who shall certi that_ the technical methods used correctly reflect currently- accepted technical concepts. Studies, anal ses com utations etc. shall be submitted in cuff dent detail to allow a thorou h review by the Frederick County En ig Weer• ��. B. When such base flood elevation data is �xtilized, the lowest floor shall be one (1 }__foot shall obtain: �; 1) The elevation of the lowest floor substantially lrnproved structures; and, z� article Standards for Subdivision Proposals �� A. All subdivision ro osals shall be consistent with the need to minimize flood lama e• C. ' � �" ' . (Sections r�emovedf�om this poriian and moved to general Sta�rla�ds�o�,4� ll Special Flav��YazardAreas and Specific Sianda�ds) O - - � - - Y ■ � � - _ • � •� � � ■ � - � � � � w +s�iinaa0��i - ■:.■ noes. +s•e: %�: iii '._.�Sr►una��:asa:�c.�.uaa.io ii��ii e. �w�.�wi. r� O DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT removed from this portion and moved to Standards far the tlae Floodway District) removed from this portion and moved to Standards for - ■ - - - � - 1 R- � r � i � � � • r Y I r � 1 � s :- . ; i_ d r �■ V Y � Y •y W y' removed from this portion and moved to Standards far the tlae Floodway District) removed from this portion and moved to Standards for - ■ - - :- . ; - - - - _- - e: - 11 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT �1�� -�1,8. �' ° ~a�'� ° ~ °' ���' °�'. {Sections removed from this portion and moved to Standards for the Floodway District) - - -- - - - a � _ Y • � r V ■ • ■ : � � � - � � _ - _ _ � _ - 'r - �1�� -�1,8. �' ° ~a�'� ° ~ °' ���' °�'. {Sections removed from this portion and moved to Standards for the Floodway District) - - - - - a � _ � r ■ : � � � _ - . . (Sections removed from this portion and moved � %�tandards for- Special Flvodplain and �S`iandards for Approxiynated ��: -:::. �- �� Design criteria for utilities and facilities. A. New sanitary sewer facilities and private package sewage treatment plants {including all um in stations and collector s stems axe rohibited in the , �'' � �-' �a_ p p g Y ) p - - - -- - - - -- � ecial Flood Hazard Areas and Flood lain Districts. B. Replacement sanitary sewer facilities and private package sewer treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. 12 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT C. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the systems and be located and constructed to minimize or eliminate flood damages. D. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from building and on -site waste disposal sites. The Board of Supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties, E. All utilities, such as gaslines, electrical and, telephone systems, being placed in flood - prone areas should be elevated (where possible] and constructed to minimize the change of impairment during a flooding occurrence: ��n . S4 � Y b, � § 165 -121. Factors to be considered in granting variances.,, .,[Added 5 -12 -1992] 3: ; A. In passing upon applications for variances, the= -Board of Zoning Appeals shall satisfy all ��.. . relevant factors and procedures specified in other sections of this chapter and consider the following additional factors: �' {1} The danger to life and property due�to increased flood heights or velocities caused �� by encroachments. No variance slail� <be grahti5d for any proposed use, development or activity withm�any Floodway District that will cause any increase in the one - hundred -year flood elevation. °� (2) The danger that materials may be;swept on to other lands or downstream to the �� xnj.ury of others. � ` :. (3)��� � The proposed water supply and sanitation systems and the ability of these systems �� �� °� � to prevent disease, contamination and unsanitary conditions. �' (4) The susceptib�ity of the proposed facility and its contents to flood damage and the effect of such,,damage on the individual owners. (5) °_The importance 'of the services provided by the proposed facility to the community. ���'' (6) The'requirements "af the facility for a waterfront location. (7) The availability:of alternative locations not subject to flooding for the proposed ,� use. � �' ''b �' (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the Comprehensive PIan and floodplain management program for the area. (10) The safety of access by ordinary and emergency vehicles to the property in time of flood. (11} The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. 13 N C� Q DRAFT CHANGES TO THE FP FLOODPLAiN DISTRICT (12) 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. {13) Such other factors which are relevant to the purposes of This article. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance io the County Engineer for technical assistance in evaluating the proposed projeciy,i.n relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. Variances shall be issued only after the Board of Zonlrtg Appeals has determined that the granting of such will not result in unacceptable','or prohibited increases in flood heights, additional threats to public safety or extraordinary public expense; and will not create nuisances, cause fraud or victimi�atian of the public or conflict with local laws or ordinances. °� <ry_ Variances shall be issued the variance will be the �� after the Board of Zoning Appeals ixum required to provide relief that E. The Board of Zoning Appeals shall;notify tlie'applicant for a variance, in writing, that the issuance of a variance to construct a struc�re below the one - hundred -year flood elevation increases the risks to life and;p�operty and�will result in increased premium rates for flood insurance. ��� �, :�, F. A record. shall be maintained of the above notification as well as all variance actions, ncludmg�'j stiFication for the issuance of the��variances. Any variances which are issued `shall be noted.�`in the annual or biennial report submitted to the Federal Insurance Administrator. �. `��� w Existing Structures in Floodplain Areas. �� A structure or use of a structure or`premises which lawfully existed before the enactment of these provisions, but which is:�ot in coriformity with these provisions, maybe continued subject to the following conditions: .. . A. Existing structures in the Floodway Area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation. B. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and /or use located in any flood plain areas to an extent or amount of less than fifty {50} percent of its market value shall °�r + °r+ „ ��'�' °conform to the VA USBC. 14 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT C. The modification, alteration, repair, reconstruction, or improvement of any kind to a stricture and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (SO} percent or more of its market value shall be undertaken only in full compliance with ' ' �i�i -n�� -Cady this chi .ter and shall re uire the entire structure to conform to the VA USBC. Penalties for Violations. A. And person who fails to comply with any of the requirements or provisions of this article or directions of the Zonin Administrator or an authorized ern to ee of Frederick Coun shall be wilt of a misdemeanor and sub'eet to the enalties outlined in 165 -6 X165 -156, Definitions and word usage. Amended 11- 13 -lYyll `;�. BASE FLOOD > .., The ood Izavin a one ercent chance o bein a ua7ed or exceeded in any given year. BASE FLOOD ELEVATION (BFE} —The Federal Emergency Management Agency designated one - hundred -year surface water elevation �� oet} BASEMENT - Anv area of the building having its floor sub- ride elow round level on all sides. DEVELOPMENT— Any man -made change to improved or unimproved real estate, including but not Limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling Aerations or storage of equipment or materials. [Amended 8 -12 -1992] 15 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT ELEVATED BUILDING - Anon- 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 ENCROACHMENT -With respect to a flaodplain an encroachment shall be 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. FLOOD OR FLOODING 1. A g�enerai or temporary condition. of partial or complete inundation of normally dry land areas from a. the overflow of inland or tidal waters; or, and �t a ro riate corres oridzr�" x� °water surtace elevations or an examination evaluation and determination of mudflow and/or � `ood- related erosion hazards. FLOODPLAIN OR FLOOD -PRONE AREA -Any land area susceptible to being inundated by water from any source. FLOODPROOFING —Any combination of structural and non- structural additions, than eg s, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. 1C DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT FLOODWAY —The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Added $ -12 -1992] a watershed. 111V 11L' L? 1 i ]L/J,t'a.\..L'+1V 1 V 1�1- 11J1'� — 1 lli. lllj�'11lJJL 1. construction next to the proposed wa11s of a structure. LOWEST FLOOR -The lowest floor of the lowest enclosed area includin basement . An unfinished or flood - resistant enclosure usable solel far arkin of vehicles buildin access or stora a in an area other than a basement area is not considered a buildin 's lowest floor• rovided that such enclosure is not built so as to render the structure in violation of the a licable non - elevation desi n re uirements of Federal Code 44CFR §60.3. '`!IOBTLE OR MANUFACTURED HOME — A structure, iransportable in one or mare sections, which in .ravel mode is eight body feet or more in width or 40 body feet or more in length, or when erected on 17 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT site, is 320 or more square feet and which is built in a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. [Amended 8- 11- ].993] MOBILE OR MANUFACTURED HOME PARK OR SUBDIVISION - A arcel or Conti ous parcels} of land or a subdivision divided into two or more manufactured home lots for rent or sale. RECREATIONAL VEHICLE — A vehicle which is: [Added 8 -12 -1992] A. Built on a single chassis; � ��: �'� B. Four hundred square feet or Iess when measured at the largest horizontal projection; C. Designed to be self - propelled or permanently towable, by a light -duty truck; and D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational camping, travel or seasonal use. „�x�' -For the nurnoses of delermini action" commenced o ember 31, 1974; =.whiff flood lain ria� em nmenced on -oar after and includes a�sul � .,� OD HAZARD ARE. START OF construction, repair, reconstruction, rehabilitation; addition placement, substantial improvement or other improvement was within_ 1$0 days of the permit date. The actual start means either the first placement of pe__rmanent 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 re oration such as clearing rg ailing_ and _fi_11ing,; nor does it include the installation on the property of accessory buildings, such_as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE —For floodplain many eg ment purlaoses, a walled and roofed building, including a ag s or li affil stora e tank. that is rinci all above round as well as a manufactured home. Structure for insurance rating�urposes, means a walled and roofed building, other than a gas or liquid storage tank,. DRAFT CHANGES TO THE FP FLOODPLAIN DYSTRICT that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in - - - - -- such construction., alteration or repair, unless such materials or_snpplies are within an enclosed building on the premises. SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before - damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. [Added 8 -12 -1992] SUBSTANTIAL IMPROVEMENT —Any reconstruction, rehab�lrtation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the marked value of the structure before the start of construction of the improvement. This term include structures;which have incurred substantial damage regardless of the actual repair work performed. The term does riot; 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 arc the minimum necessary to assure safe Tieing conditions or any alteration of'a� historic structure, provided that the alteration will not preclude the structures continued designation. as an historic structure. [Added 8x12 -1992] ���': substantial flood damage may occur. �.� $� � �, `� r s .:. ,� _ . ��� �.� �. K3�s 19