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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. -2- 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). -5- 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. -6- 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: cl~ii '