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2011_02_08_O001 Amending Article 13 Flood ProtectionThe Town of Leesburg, Virginia ORDINANCE NO. AN ORDINANCE: The Council of the Town of Leesburg in Virginia hereby ordains: SECTION I Article 13 1 Flood Protection thereby amended to remove tho F 1 Flood Zone. PRESENTED: February 8, 2011 2011 -0 -001 ADOPTED: February 8, 2011 AMENDING ARTICLE 13 (FLOOD PROTECTION) AND ARTICLE 18 (DEFINITIONS) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG TO UPDATE DEFINITIONS AND REFERENCES AS WELL AS PERMIT COMMERCIAL BUILDINGS IN THE FLOODWAY FRINGE IN AN AREA ALONG TOWN BRANCH Sec. 13.1 General 13.1.1 Applicability The Flood Protection regulations of this article shall apply to all lands within the 100 -year floodplain of Town Branch Creek, Dry Mill Branch Creek, Cattail Branch Creek, Big Springs, Tuscarora Creek and other waterways as identified in the National Flood Insurance Program Flood Insurance Rate Maps for Loudoun County, Virginia and Incorporated Areas, effective date July 5, 2001, based on the Flood Insurance Study for Loudoun County, Virginia and Incorporated Areas, published by the Federal Emergency Management Agency (FEMA) effective date July 5, 2001, as modified from time to time by a Letter of Map Revision (LOMR) issued by FEMA. 13.1.2 Floodplain Boundary Changes Floodplain boundaries are subject to change with approved FEMA Letters of Map Revision. Such floodplain boundary changes do not require Town Council approval of a zoning map amendment. 13.1.3 Zoning Permits; Compliance with Applicable Regulations All uses, activities and development occurring within any floodplain 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 Zoning 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. 13.1.4 Prohibited Activities Under no circumstances shall any use, activity and /or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any drainage AN ORDINANCE: AMENDING ARTICLE 13 (FLOOD PROTECTION) AND ARTICLE 18 (DEFINITIONS) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG TO UPDATE DEFINITIONS AND REFERENCES AS WELL AS PERMIT COMMERCIAL BUILDINGS IN THE FLOODWAY FRINGE IN AN AREA ALONG TOWN BRANCH facility or system. No development shall be permitted in the Floodplain except where the effect of such development on flood heights is fully offset by accompanying improvements that have been approved by all appropriate authorities. The placement of any mobile home within the Floodplain is prohibited, except in an existing mobile home park or subdivision. Virginia-Department-ef Environmental-Quality Approval proval shall be obtained from pi FE -2- w a n d n prior to any proposed alteration or relocation of any channels, watercourse or stream within the town. 1. 6 Notlflcation 1 ap►pli attl 13.1.7 Easement The ap plicant is n landowners for a n ,ln of h applican pr l u# the i ppl cantt' proposei easements and proof ©f construction, uiif�rlsl nosr+om,: shall be appliicatlon a result on° witti s of such aural o i -3- AN ORDINANCE: AMENDING ARTICLE 13 (FLOOD PROTECTION) AND ARTICLE 18 (DEFINITIONS) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG TO UPDATE DEFINITIONS AND REFERENCES AS WELL AS PERMIT COMMERCIAL BUILDINGS IN THE FLOODWAY FRINGE IN AN AREA ALONG TOWN BRANCH Sec. 13.2 Use Regulations 13.2.1 Permitted Uses The following uses are permitted in the Floodplain provided that they are not prohibited by any other applicable ordinance and provided that they do not require structures, fill (except for item E or storage df 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 parking and loading areas. -4- AN ORDINANCE: AMENDING ARTICLE 13 (FLOOD PROTECTION) AND ARTICLE 18 (DEFINITIONS) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG TO UPDATE DEFINITIONS AND REFERENCES AS WELL AS PERMIT COMMERCIAL BUILDINGS IN THE FLOODWAY FRINGE IN AN AREA ALONG TOWN BRANCH Flo 5. Pri bu co F E Ta Pr v it 7. u 13.2.2 Special Exception Uses The following uses may be permitted in the Floodplain when reviewed and approved as a Special Exception use in accordance with the procedures of Sec. 3.4, provided that they are not prohibited by this or any other ordinance. C. Temporary uses such as circuses, carnivals and similar activities. and'. suc d. Su l d initial !building of Map pr non residential 1u nnel shall be mitigat B. Utilities and public facilities and improvements such as streets, bridges, and transmission lines, pipe lines and other similar uses. A. Structures, except for mobile homes, accessory to the uses and activities in Sec. 13.2.1. �d D. Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and /or can be readily removed from the area within the time available after flood warning. E. Other similar uses and activities provided they cause no increase in flood heights and /or velocities. All uses, activities, and structural developments shall be -5- AN ORDINANCE: AMENDING ARTICLE 13 (FLOOD PROTECTION) AND ARTICLE 18 (DEFINITIONS) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG TO UPDATE DEFINITIONS AND REFERENCES AS WELL AS PERMIT COMMERCIAL BUILDINGS IN THE FLOODWAY FRINGE IN AN AREA ALONG TOWN BRANCH undertaken in strict compliance with the flood proofing provisions contained in all other applicable codes and ordinances. Sec. 13.3 Variances 13.3.1 Additional Factors to be Satisfied In passing upon applications for Variances, the Board of Zoning Appeals shall be governed by all standards and procedures specified in other sections of this Zoning Ordinance (including those of Sec. VIA) and the following factors: A. The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development or activity within the Floodplain that will cause any increase in flood levels during the 100 -year flood. B. The danger that materials may be swept on to other lands or downstream 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. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. E. 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 floodplain management program for the area. 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. L. Such other factors which are relevant to the purposes of this Zoning Ordinance. A. Increases risks to life and property. -6- AN ORDINANCE: AMENDING ARTICLE 13 (FLOOD PROTECTION) AND ARTICLE 18 (DEFINITIONS) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG TO UPDATE DEFINITIONS AND REFERENCES AS WELL AS PERMIT COMMERCIAL BUILDINGS IN THE FLOODWAY FRINGE IN AN AREA ALONG TOWN BRANCH 13.3.2 Referral for Technical Assistance The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a 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. 13.3.3 General Findings Variances shall only be issued after the Board of Zoning Appeals 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 law or ordinances. 13.3.4 Hardship Relief Finding Variances shall only be issued after the Board of Zoning Appeals has determined that the variance will be the minimum relief to any hardship. 13.3.5 Required Notification to Applicant The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure at or below the 100 -year flood elevation: B. Will result in increased premium rates for flood insurance. 13.3.6 Records A record of the above notification as well as all variance actions, including justification for their issuance, shall be maintained and any variances that are issued shall be noted in the annual report submitted to the Federal Insurance Administrator. Sec. 13.4 Existing Structures in Floodplains 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 standards of this section. 13.4.1 Expansion or Enlargement Existing structures and /or uses located in the Floodplain shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements). A' t+c P -7- AN ORDINANCE: AMENDING ARTICLE 13 (FLOOD PROTECTION) AND ARTICLE 18 (DEFINITIONS) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG TO UPDATE DEFINITIONS AND REFERENCES AS WELL AS PERMIT COMMERCIAL BUILDINGS IN THE FLOODWAY FRINGE IN AN AREA ALONG TOWN BRANCH 13.4.2 Modifications and Improvements A. Any modification, alteration, repair reconstruction or improvement of any kind to a structure and /or use located in any floodplain to an extent or amount of Tess than fifty (50) percent of its market value, shall be elevated and /or flood proofed. B. Any modification, alteration, repair, reconstruction or improvement of any kind to a structure and /or use in a floodplain to an extent or 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. Sec. 13.5 Signs in Floodplains See Sec. 15.10 Article 18 Definitions 18.1.66 Floodplain The area subject to.fi Emergency Management Agency (FEMA). cd as designated by the U.S. Department of Federal e floadway prove r+ SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the Leesburg Town Code. AN ORDINANCE: AMENDING ARTICLE 13 (FLOOD PROTECTION) AND ARTICLE 18 (DEFINITIONS) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG TO UPDATE DEFINITIONS AND REFERENCES AS WELL AS PERMIT COMMERCIAL BUILDINGS IN THE FLOODWAY FRINGE IN AN AREA ALONG TOWN BRANCH AT TEST SECTION IV. This ordinance shall be effective upon its adoption. PASSED this 8th day of February, 2011. Clerk of Cbu cil P: \Ordinances\2011 \0208 Flood Protection Ordinance.doc -8- milk _C U stattd, Mayor Town of Leesburg