HomeMy Public PortalAbout1982_08_25_O029ORDINANCE NO.
AN ORDINANCE:
TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
PRESENTED August 25~ 1982
82-0-29 ADOPTED August 25~ 1982
AMENDING THE LEESBURG ZONING ORDINANCE AND THE ZONING DISTRICT
WHEREAS, on July 28, 1982 amendments to the Leesburg zoning ordinance and
zoning map regarding flood plain regulations were initiated; and
WHEREAS, on August 25, 1982, the Planning Commission recommended these
amendments to Council; a~nd
WHEREAS, on August 25, 1982 Council held a public hearing at which time in-
terested persons were given an opportunity to express their views:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Delete existing Article 7-A "F-i" flood zone district use regula-
tions and add new Article 7-A "F-I" flood plain district regulations to read as
follows:
7-A-1
DISTRICT PROVISIONS
Ail uses, activities and development occurring within any flood plain
· district shall be undertaken only upon the issuance of a zoning permit.
Such development shall be undertaken only in strict compliance with the
provisions of this ordinance and with all other applicable codes and
ordinances including the Virginia Uniform Statewide Building Code.
Prior to the issuance of any such permit, the Zoning Administrator shall
require all applications to include compliance with all applicable
State and Federal laws.
Under no circumstances shall any use, activity and/or development ad-
versely affect the capacity of the channels or floodways of any water-
course, drainage ditch or any other drainage facility or system.
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Approval shall be obtained from the State Water Control Board prior to
any proposed alteration or relocation of any channels, watercourse or
stream within the town. Notification of any such proposal shall be
given to all affected adjacent municipalities. Copies of such notifica-
tion shall be forwarded to the State Water Control Board, the State De-
partment of Intergovernmental Affairs and the Federal Insurance
Administration.
7-A-2
7-A-3
PERMITTED USES
~o development shall be permitted in the Flood Plain District except
where the effect of such development on flood heights is fully offset by
accompanying improvements which have been approved by all appropriate
authorities. The placement of any mobile home
within the Flood Plain District,except in an existing mobile home
park or subdivision, is prohibited.
The following uses are permitted in the F-1 Flood Plain District
provided that they are not prohibited by any other':applicable ordinance and
provided that they do not require structures, fill or storage of
materials and equipment:
(a)
Agricultural uses such as general farming, *pasturing,' 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, boat launching
and swimming areas, hiking and horseback riding trails,
wildlife and nature preserves, game farms, fish hatcheries.
and fishing areas.
(c) Accessory residential uses such as gardens, play
areas, and pervious loading areas.
(d) Accessory industrial and commercial uses such as
pervious parking and loading areas.
CONDITIONAL USES WHEN AUTHORIZED AS A SPECIAL EXCEPTION BY T}LE
BOARD OF ZONING APPEALS.
The following uses are conditionally permitted in the F-1 Flood
Plain District when authorized as a special exception by the Board
of Zoning Appeals provided that they are not prohibited by this
or any other ordinance.
(a)
Structures, except for mobile homes, accessory to the uses and
activities in Section 7-A-2.
7-A-4
(b)
Utilities and public facilities and improvements such as
streets, bridges, transmission lines, pipe lines and other
s~m~lar uses.
Temporary uses such as circuses, carnivals and similar
activities.
(d)
(e)
Storage of materials and equipment provided that they are not
bouyant, flammable or explosive, and are not subject to major
damage by flooding, or provided that such material and equip-
ment is firmly anchored to prevent flotation or movement, and/or
can be readily removed from the area within the time available
~fter flood wa~ing.
Other similar uses and activities provided they cause no in-
crease in flood heights and/or velocities. Ail uses, activities,
and structural developments shall be undertaken in strict com-
pliance with the flood-proofing provisions contained in all
other applicable codes and ordinances.
CONDITIONAL USES AND VARIANCES--ADDITIONAL FACTORS TO BE SATISFIED
In passing upon applications for Conditional Uses and Variances, the
Board of Zoning Appeals shall satisfy all relevant factors and pro-
cedures specified in other sections of the Zoning Ordinance and the
following factors:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments. No conditional use or
variance shall be granted for any proposed use, development or
activity within the Flood Plain District that will cause any
increase in flood levels during the one hundred (100 year flood.
(b) The danger that materials may be swept on to other lands or down-
stream to the injury of others.
(c)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
(d)
(e)
The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owners.
The importance of the services provided to the community by the
proposed facility.
(f) The requirements of the facility for a waterfront location.
(g) The availability of alternative locations for the proposed use not
subject to flooding.
(h) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
(i) The relationship of the proposed use to the comprehensive plan and
flood plain management program for the area.
7-A-5
(j) The safety of access to the property for ordinary and emergency
vehicles in time of flood.
(k) The expected heights, velocity, duration, rate of rise and
sediment transport of the flood waters expected at the site.
(1) Such other factors which are relevant to the purposes of this
Ordinance.
The Board of Zoning Appea~s may refer any application and accompanying
documentation pertaining to any request for a conditional use or
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
protection and other related matters.
Conditional uses and/or variances shall only be issued after the
Board has determined that the granting of such will not result in
(a) unacceptable or prohibited increases in flood heights, (b)
additional threats to public safety, (c) extraordinary public expense,
(d) nuisances, (e) fraud or victimization of the public, or
(f) conflict with local laws or ordinances.
Conditional uses and/or variances shall only be issued after the
Board has determined that the conditional use and/or variance
will be the minimum reliefs to any hardship.
The Board shall notify the applicant for a conditional use and/or
variance, in writing, that the issuance of a conditional use and/or
variance to construct a structure below the one hundred (100) year
flood elevation (a) increases risks to life and property, and (b)
will result in increased premium rates for flood insurance.
A record of the above notification as well as all variance actions,
in:!uding justification for their issuance, shall be maintained and
any variances which are issued shall be noted in the annual report
submitted to the Federal Insurance Administrator.
EXISTING STRUCTURES IN FLOOD.PLAIN DISTRICTS
A structure or use of a structure or premises which lawfully existed
before the enactment of these provisions, but which is not in
conformity with these provisions,may be continued subject to the
following conditions:
(a)
Existing structures and/or us~ lo~ated in the Flood Plain District
shall not be expanded or enlarged (unless the effect of the pro-
posed expansion or enlargement on flood heights is fully offset
by accompanying improvements).
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Any modification, alteration, repair, reconstruction or improve-
ment of any kind to a structure and/or use located in any flood
plain district to an extent or amount of less than fifty (50)
percent of its market value, shall be elevated and/or flood-
proofed.
Any modification, alteration, repair, reconstruction or improve-
ment of any kind to a structure and/or us~ in a flood plain
district to an extent of amount of fifty (50) percent or more of
its market value shall be undertaken only in full compliance with
the provisions of the Virginia Uniform Statewide Building Code-
7-A-6
DELINEATIOM OF F-1 FLOOD PLAIN DISTRICT
The provisions of this Article shall apply to land in the town shown
within the F-1 Flood Plain District on the Zoning Map. The district
shall include all the land area within the town which is within the
100-year flood plain for the Town Branch, Dry Mill Branch and
Tuscarora Creek as identified in the Flood Insurance Study for the
Town of Leesburg prepared by the U. S. Geological Survey for the
Federal Emergency Management Agency, dated March 30, 1982, together
with the accompanying map ~itled "Floodway-Floodway Boundary and Floodway
Map."
7-A-7
FLOOD PLAIN DISTRICT BOUNDARY CHANGES
The Flood Plain District may be revised in accordance with the pro-
visions of Article 11 where natural or man-made changes have occurred
and/or more detailed studies conducted or undertaken by the U. S.
Army Corps of Engineers or other qualified agency or individual
document the advisability of such change. However, approval must
be obtained from the Federal Insurance Administration prior to any
such change.
SECTION II.
Article 15 Definitions is amended to add Section 15-1-17.1
Development, Section 15-1-30.2 Flood, Section 15-1-30.3 Flood Plain~, Section 15-1-
48.2 Mobile Home Park or Subdivision (existing) and Section 15-1-51.1 One Hundred
Flood, to read as follows:
15-1-17.1
Development. Any man-made change to improved or unimproved real
estate including but not limited to buildings or other structures,
the placement of mobile homes, streets and other paving, utilities,
filling, grading, excavation, mining, dredging, or drilling
operations.
15-1-30.2 Flood. A general and temporary inundation of normally dry land areas.
15-1-30.3
Flood Plain. (1) A relatively flat or low land area adjoining a
river, stream or watercourse which is subject to partial or complete
inundation; (2) An area subject to the unusual and rapid accumula-
tion or runoff of surface waters from any source.
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15-1-48.2 Mobile Home Park or Subdivision (existing). A parcel or contiguous
parcels of land divided into two or more lots for rent or sale for
which the construction of facilities for servicing the lot in which
the mobile home is to be located (including, at a ~nimum, the
installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets) is
completed before the effective date of this amendment.
15-1-51.1 One Hundred Year Flood. A flood that on the average, is likely to
occur once every one-hundred yeaMs (that has a one percent chance
of occurring each year) althou~ the flood may occur in any year.
SECTION III. The Leesburg zoning district map is amended to revisethe
F-1 Flood Plain District as follows:
The F-1 Flood Plain District shall include all the l~d area within the
tom which is within the One H~dred-Year Flood Plain for the Tom BranS, D~
~11 Branch and Tuscarora Creek as identified in the Flood Insurance Stu~ for
the Tom of ~esburg prepared by the U.S. Geological Survey for the Federal
Emergency ~nagement ~ency, dated ~rch 30, 1982, and sho~ on a ~p titled
"Floodway - Floodway Boundary and Floodway ~p."
SE~ION IV. This ordinance shall be in effect upon ~ts 'passage.
PASSED this 25th day of August , 1982.
Robert E Sevin, ~yor''
Tom of Leesburg
ATTEST:
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