HomeMy Public PortalAbout1990_12_12_R308LeesBurg in ~Zirginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED December 12, 1990
90-308 ADOPTED December 12, 1990
INITIATING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE
REGARDING ARTICLE 5C - FLOODPLAIN DISTRICT REGULATIONS
WHEREAS, changes in the rules which govern the National Flood Insurance Program (NFIP)
require the Town to amend the Floodplain District Regulations to ensure continued flood insurance
coverage; and
WHEREAS, the Floodplain District Regulations should be extended to those areas annexed by
the Town to promote a consistent review process; and
WHEREAS, these amendments will further promote the public health, safety and welfare of
the Town of Leesburg:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An amendment to Article 5C of the Leesburg Zoning Ordinance as shown below,
is hereby received and referred to the Planning Commission for a public hearing and recommendation
under Chapter 11, Title 15.1-431 of the Code of Virginia, as amended.
ARTICLE 5C "F-l" FLOODPLAIN DISTRICT REGULATIONS
Section 5C-1. DISTRICT PROVISIONS
All uses, activities and development occurring within any FEMA (Federal Emergency
Management Agen .cy) designated or approximated one-hundred (100) year floodplain
district which includes the floodway and flood fringe district, herein referred to as the
F-1 floodplain 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 a__~n applicant *2cn~ to verify. ~.n~Au~c compliance with all
applicable State and Federal laws, and the Town of Leesburg's Design and Construction
Standards Manual.
Under no circumstance s shall any use, activity and/or development adversely affect the
existing 100-year water surface elevation or capacity of the channels or floodways of any
watercourse, drainage ditch or any drainage facility or system.
Approval shall be obtained from the U.S. Corp of Engineers, the Virginia State Water
Control Board, and the Virginia Marine Resources Commission 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,
the Division of Soil and Water Conservation (Department of Conservation and
Recreation), and the r~^~^~ ^~ .... ~ ~^.~.,~^~ ~.~,, ~.~ · ...... ~ ,~ .~ ~,..~ xxr~.^~
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RESOLUTION - FLOODPLAIN REGULATIONS
~+~^1 ~^~ +~ ~+~,~ ~^~~ ~ ~ ............ ~] ^~ Federal Insurance
Administration.
Section 5C-2. PERMITTED USES
No development shall be permitted in the floodplain district except where the effect of
such development on flood heights is fully offset by accompanying improvements which
have been approved by ail appropriate authorities. The placement of new or
substantially improved manufactured home(s) within any identified flood plain district
is prohibited.any ~n^ ~ ..... ,~+~,~., +~.~ ~^~n~ ~ c~ccpt in ~ c~_'ng
The following uses are permitted in the F-1 Floodplain District provided that they are
not prohibited by any other applicable ordinance and provided that they do not require
structures, fill or storage materials and equipment:
(1)
Agricultural uses such as general farming, pasturing, grazing outdoor plant
nurseries, horticulture, truck farming, forestry, sod farming, and wild crop
harvesting.
(2)
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.
(3)
Accessory residential uses such as gardens, play areas, and pervious loading
areas.
(4)
Accessory industrial and commercial uses such as pervious parking and loading
areas.
Section 5C-3. CONDITIONAL USES WHEN AUTHORIZED AS A SPECI.~
EXCEPTION BY THE BOARD OF ZONING APPEALS
The following uses are conditionally permitted in the F-1 Floodplain District when
authorized~ -_ ~.cc:'~ ~.~_~..*~- by the Board of Zoning Appeals provided that they
comply with the provisions of this ordinance and any other applicable ordinance and
regulation, and are not prohibited by this or any other ordinance.
(1)
Non-residential structures, except for mcb;.!c hcmc~ manufactured homes,
accessory to the uses and activities in Section 5C-~3.
(2)
Utilities and public facilities and improvements such as streets, bridges, and
transmission lines, pipe lines and other similar uses; provided however, that
such uses are designed, located~ and constructed to minimize or eliminate
infiltration of flood waters, discharge of sewage, and flood damages to these uses
and surrounding properties.
(3) Temporary uses such as circuses, carnivals and similar activities.
(4)
Storage of materials and equipment provided that they are not buoyant,
flammable or explosive, and are not subject to msjor 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
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RESOLUTION - FLOODPLAIN REGULATIONS
time available after flood warning.
(5)
Other similar uses and activities provided they cause no increase in flood heights
and/or velocities. All uses, activities, and structural developments shall be
undertaken in strict compliance with the flood-proofing provisions contained in
all other applicable codes and ordinances.
Section 5C-4. 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 procedures specified in other sections of the
Zoning Ordinance and the following factors:
(1)
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 floodplain district that will
cause any increase in flood levels during the one hundred (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 withstand the 100 year flood to prevent disease, contamination and
unsanitary conditions.
(4)
The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owners.
(5)
The importance of the services provided to the community by the proposed
facility.
(6) The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations for the proposed use not subject to
flooding.
(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 for ordinary and emergency vehicles in time
of flood.
(11)
The expected heights, velocity, duration, rate of rise and sediment transport of
the flood waters expected at the site.
(12) Such other factors which are relevant to the purposes of this Ordinance.
(13)
The repair or rehabilitation of historic structures upon a determination from the
Board of Architectural Review (BAR) that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic structure
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RESOLUTION - FLOODPLAIN REGUI~TIONS
and the variance is the minimum necessary to preserve the historic character
and design of the structure.
(14)
The Board of Zoning Appeals 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.
(15)
Conditional uses and/or variances shall only be issued after the Board of Zoning
Appeals h~ determines that the granting of such will not result in:
Unacceptable or prohibited increases in flood heights.
Additional threats to public safety.
c. Extraordinary public expense.
d. Nuisances.
e. Fraud or victimization of the public.
Conflict with local law or ordinances.
(16)
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.
(17)
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.
b. Will result in increased premium rates for flood insurance.
(18)
A record of the above notification as well as all variance actions, including
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.
Section 5C-5. EXISTING STRUCTURES IN THE FLOODPLAIN 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:
(1)
Existing structures and/or uses located in the floodplain district shall not be
expanded or enlarged (unless the effect of the proposed expansion or
enlargement on flood heights is fully offset by accompanying improvements).
(2)
Any modification, alteration, repair reconstruction or improvement of any kind
to a structure and/or use located in any floodplain district to an extent or
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RESOLUTION - FLOODPLAIN REGULATIONS
amount of less than fifty (50) percent of its market value, shall be elevated
and/or flood-proofed.
(3)
Any modification, alteration, repair, reconstruction or improvement of any kind
to a structure and/or use in a floodplain district 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.
Section 5C-6. DELINEATION OF "F-l" FLOODPLAIN DISTRICT
The various floodplain districts shall include areas subject to inundation by waters of
the one hundred (100)-year flood. The basis for the delineation of these districts shall
be the Flood Insurance Study for The Town of Leesburg and Loudoun County prepared
by the Federal Emergen .cy Management Agen .cy, Federal Insurance Administration,
dated March 30, 1982 and November 1, 1985, as amended. For areas where the 100
year flood profiles or elevations have not been established, information from federal,
state, and other acceptable sources shall be used, when available. Where the specific
one hundred (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, etc., 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 or others of
demonstrated qualifications, who shall certify that the technical methods used correctly
reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall
be submitted in sufficient detail to allow a thorough review by the Town of Leesburg.
Section 5C-7. INTERPRETATION OF DISTRICT BOUNDARIES
The Floodplain District boundaries shown on the Zoning Map are generally consistent
with the boundaries depicted on the applicable "Flood Insurance Rate Map". The specific
boundary for determining areas within the floodplain are contained in the supporting
documentation accompanying those maps. The initial interpretations of the boundaries
of the floodplain district shall be made by the Zoning Administrator based on the
applicant mapping the area in question at a sufficient scale to accurately depict the
floodplain boundaries. Should a dispute arise concerning the boundaries of any of the
Districts, the Board of Zoning Appeals shall make the necessary determination. The
person questioning or contesting the location of the District boundary shall be given a
reasonable opportunity to present his case to the Board and to submit his own technical
evidence if he so desires.
Section 5C-78. "F-I" FLOODPLAIN DISTRICT BOUNDARY CHANGES
The Floodplain District may be revised in accordance with the provisions of Article 13
and consistent with the criteria contained in the Town of Leesburg's Design and
Construction Manual where natural or man-made changes have occurred and/or more
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RESOLUTION - FLOODPLAIN REGULATIONS
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. The Planning Commission shall report its recommendation to the Town Council
on the proposed amendment pursuant to Chapter 11, Title 15.1-431 of the Code of Virginia, as
amended.
PASSED this 12th day of
December ,, 1990.
Robert E. Sevila, Mayor
Town of Leesburg
ATTEST:
Clerk of CouH~I
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