ildings and building regulations, ch.
10; environment, ch. 18; health and sanitation, ch. 30; site
plan, ch. 46; streets, sidewalks and other public places, ch. 50;
subdivisions, ch. 54; zoning, ch. 66.


State law reference(s)--Flood Damage Reduction Act, Code of
Virginia, � 10.1-600 et seq.
----------

Article I. In General

Secs. 26-1--26-30. Reserved.

Article II. Floodplain Management

Sec. 26-31. Purpose.

Sec. 26-32. Applicability.

Sec. 26-33. Compliance and liability.

Sec. 26-34. Abrogation and greater restrictions.

Sec. 26-35. Definitions.

Sec. 26-36. Description of districts.

Sec. 26-37. Official floodplain map.

Sec. 26-38. District boundary changes.

Sec. 26-39. Interpretation of district boundaries.

Sec. 26-40. District provisions.

Sec. 26-41. Floodway district.

Sec. 26-42. Flood fringe and approximated floodplain districts.

Sec. 26-43. Design criteria for utilities and facilities.

Sec. 26-44. Variances; factors to be considered.

Sec. 26-45. Existing structures in floodplain districts.

ARTICLE I. IN GENERAL


Secs. 26-1--26-30. Reserved.

ARTICLE II. FLOODPLAIN MANAGEMENT

Sec. 26-31. Purpose.


The purpose of this article is to prevent the loss of life
and property, the creation of health and safety hazards, the
disruption of commerce and governmental services, the
extraordinary and unnecessary expenditure of public funds for
flood protection and relief, and the impairment of the tax base
by:


(1) Regulating uses, activities and development that, alone
or in combination with other existing or future uses,
activities, and development, will cause unacceptable
increases in flood heights, velocities and frequencies.


(2) Restricting or prohibiting certain uses, activities,
and development from locating within areas subject to
flooding.


(3) Requiring all those uses, activities and developments
that do occur in floodprone areas to be protected
and/or floodproofed against flooding and flood damage.

(Code 1981, � 12-1)

Sec. 26-32. Applicability.


This article shall apply to all lands within the
jurisdiction of the town and identified as being in the 100-year
floodplain by the Federal Emergency Management Agency.

(Code 1981, � 12-2)

Sec. 26-33. Compliance and liability.


(a) No land shall 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 article and any other applicable ordinances
and regulations that apply to uses within the jurisdiction of
this article.


(b) The degree of flood protection sought by the provisions
of this article 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 article does not imply
that areas outside the floodplain districts, or that land uses
permitted within such districts, will be free from flooding or
flood damages.



(c) This article shall not create liability on the part of
the town or any officer or employee of the town for any flood
damages that result from reliance on this article or any
administrative decision lawfully made under this article.

(Code 1981, � 12-3)

Sec. 26-34. Abrogation and greater restrictions.


This article supersedes any ordinance currently in effect in
floodprone areas. However, any underlying ordinance shall remain
in full force and effect to the extent that its provisions are
more restrictive than this article.

(Code 1981, � 12-4)

Sec. 26-35. Definitions.


The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:


Base flood/100-year flood means a flood that, on the
average, is likely to occur once every 100 years (i.e., that has
a one percent chance of occurring each year, although the flood
may occur in any one year).


Basement means any area of a building having its floor
subgrade (below ground level) on all sides.


Board of zoning appeals means the board established in
chapter 2, article IV, division 3, and which shall review appeals
with regard to decisions of the zoning administrator in the
interpretation of this article.


Development means any manmade change to improved or
unimproved real estate, including but not limited to buildings or
other structures, the placement of manufactured homes, streets
and other paving, utilities, filling, grading, excavation,
mining, dredging or drilling operation, or storage of equipment
or materials, and the subdivision of land.


Flood means a general and temporary inundation of normally
dry land areas.


Floodplain means:

(1) A relatively flat or low land area adjoining a river,
stream or watercourse that is subject to partial or
complete inundation;


(2) An area subject to the unusual and rapid accumulation
or runoff of surface waters from any source.



Floodprone area means any land area susceptible to being
inundated by water from any source.


Floodway means the designated area of the floodplain
required to carry and discharge floodwaters of a given magnitude.
For the purposes of this article, the floodway shall be capable
of accommodating a flood of the 100-year magnitude.


Historic structure means any structure that is:


(1) Listed individually in the National Register of
Historic Places (a listing maintained by the department
of the interior) or preliminarily determined by the
secretary of the interior as meeting the requirements
for individual listing on the National Register;


(2) 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;


(3) Individually listed on a state inventory of historic
places in states with historic preservation programs
that have been approved by the secretary of the
interior; or


(4) Individually listed on a local inventory of historic
places in communities with historic preservation
programs that have been certified either:



a.
By an approved state program as determined by the
secretary of the interior; or



b.
Directly by the secretary of the interior in
states without approved programs.


Lowest floor means 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 is not considered a building's lowest floor
provided such enclosure is not built so as to render the
structure in violation of the applicable nonelevation design
requirements of this article.


New construction means, for floodplain management purposes,
structures for which the start of construction commenced on or
after November 1994, and includes any subsequent improvements to
such structures.


Recreational vehicle means a vehicle that is:


(1) Built on a single chassis;



(2) No more than 400 square feet when measured at the
largest horizontal projection;


(3) Designed to be self-propelled or permanently towable by
a light-duty truck; and


(4) Designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational,
camping, travel or seasonal use.


Structure means a walled and roofed building, including a
gas or liquid storage tank, that is principally above ground, as
well as a manufactured home.


Substantial damage means 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 percent of the
market value of the structure before the damage occurred.


Substantial improvement means any reconstruction,
rehabilitation, addition or other improvement of a structure the
cost of which equals or exceeds 50 percent of the market value of
the structure before the start of construction of the
improvement. This term includes structures that have incurred
substantial damage, regardless of the actual repair work
performed. The term does not, however, include either:


(1) Any project for improvement of a structure to correct
existing violations of state or local health, sanitary
or safety code specifications that have been identified
by the local code enforcement official and are the
minimum necessary to assure safe living conditions; or


(2) Any alteration of an historic structure, provided the
alteration will not preclude the structure's continued
designation as an historic structure.

(Code 1981, � 12-6; Ord. of 5-13-1997, ch. 12, � 12-6)


Cross reference(s)--Definitions generally, � 1-2.

Sec. 26-36. Description of districts.


(a) The various floodplain districts shall include areas
subject to inunda