(A) District regulations.
(1) The approximated Floodplain District (FP) shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. These areas are shown on the flood hazard boundary map for the town. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers, floodplain information reports, U.S. geological survey flood-prone quadrangles and the like, then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers licensed by the Commonwealth of Virginia. Studies, analyses, computations and the like shall be submitted in sufficient detail to allow a thorough review by the town.
(2) (a) The Floodplain District shall be overlaid to the existing zoning districts as shown on the adopted zoning map and as such, the provisions of the Floodplain District shall serve in addition to the provisions of the underlying district.
(b) Where there happens to be any conflict between the provisions or requirements of this district and those of any underlying district, the more restrictive provisions and/or those pertaining to the Floodplain District shall apply.
(c) If in the event any provision concerning the Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the underlying district regulations shall remain applicable.
(3) The boundaries of the floodplain are established as shown on the flood boundary and floodway map which shall be a part of this chapter, and these maps shall be kept on file with the zoning maps for the town.
(4) The boundaries of the floodplain may be changed in accordance with § 153.017 when natural or manmade changes have occurred or more detailed studies have been conducted by an approved agency corporation or individual which shows the need or possibility of this change.
(B) Use regulations. All uses, activities and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit. This development shall be undertaken only in strict compliance with the provisions of this chapter and all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code, the subdivision ordinance of the town, and any other federal, state and local requirements deemed necessary.
(1) Permitted uses. The following uses and activities are permitted, provided they are in compliance with the provisions of the underlying district, and provided that they do not require structures, fill or the storage of materials and equipments:
(a) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;
(b) Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, hiking, and horseback riding trails, wildlife and nature preserves;
(c) Accessory residential uses such as yard areas, gardens, play areas and previously established loading areas; and
(d) Accessory industrial and commercial uses such as yard areas, previous parking and loading areas and airport landing strips.
(a) Structures except for mobile homes and mobile office trailers as accessories to the permitted uses;
(b) Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewer treatment plants, and other similar or related uses;
(c) Extraction of sand, gravel and other materials where no increase in level of flooding or velocity is caused;
(d) Temporary uses such as circuses, carnivals and similar activities; and
(e) Storage of materials and equipment, provided that they are not buoyant, flammable or explosive, are not subject to major damage by flooding, or provided that the material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area.
(1) The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception shall be granted for any proposed use, development or activity within the Floodplain District that will cause any increase in flood levels during the 100-year flood;
(2) The danger that materials may be swept on to other lands or downstream to the injury 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 susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owners;
(5) The importance of the services provided by the proposed facility to the community;
(6) The requirements of the facility for a waterfront location;
(7) The availability of alternative locations not subject to flooding for the proposed use;
(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 plan and floodplain management program for the area;
(10) The safety of access to the property in time of flood of ordinary and emergency vehicles;
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
(12) Any other factors which are relevant to the purposes of this chapter.
(D) Existing structures located in the Floodplain District. Existing structures or uses which are located within the Floodplain District, which do not meet the requirements of this subchapter, shall become nonconforming uses and shall be in accordance with the provisions of §§ 153.031 through 153.033.
(E) Municipal liability. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain districts or land uses permitted within those districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the town or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(F) Special uses within Floodplain District (FP).
(1997 Code, § S9-7-8) (Am. Ord. passed - - )