HomeMy WebLinkAboutZTA201300007 Legacy Document 2014-03-14 (4)ORDINANCE NO. 14 -18(1)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE III, DISTRICT REGULATIONS,
ARTICLE IV, PROCEDURE, AND ARTICLE V, VIOLATION AND PENALTY, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article III, District Regulations, Article IV, Procedure, and Article V, Violation and Penalty, are
hereby amended and reordained as follows:
By Amending:
Sec. 32.5.2 Contents of an initial site plan
Sec.35.1 Fees
Sec. 36.1 Violations
By Amending, Renumbering and Renaming:
Old New
Sec. 30.3.01 Sec. 30.3.1 Intext Purpose and intent
Sec. 30.3.02.2 Sec. 30.3.7 Detefminations efflee&,ay ffinge in the . fnate,a flood plat,
Administration; interpretation of Flood Insurance Rate Map
Sec. 30.3.08 Sec. 30.3.4 W„m ing and dice .,infer of liability Disclaimer
Sec. 30.3.09 Sec. 30.3.16 Res+,.,.atio,, ^ r-eplaeement of noneefif as Nonconforming
structures and uses
Sec. 30.3.10 Sec. 30.3.17 Waver, modif c-a ie , and T ,,ulati Variances
By Amending, Renaming and Separating Into Multiple Sections:
Old New
Sec. 30.3.02.1 Definitions — Generally Sec. 30.3.2 Flood Insurance Rate Map and Flood
Insurance Study
Sec. 30.3.5 Definitions
Sec. 30.3.03.2 Development permit;
building permit; grading
permit
Sec. 30.3.03.3 Alteration or relocation of
a watercourse
Sec. 30.3.07 Amendment to the flood
hazard overlay district
Sec. 30.3.12 Prerequisite to development; permits
By Amending, Renaming and Combining Multiple Sections:
Old New
Sec. 30.3.04 Prohibited uses Sec. 30.3.11
Sec. 30.3.05 Permitted uses
Sec. 30.3.05.1 By right
Sec. 30.3.05.1.1 By right within the floodway
Sec. 30.3.05.1.2 By right within the floodway
fringe
Sec. 30.3.05.2 By special use permit
Sec. 30.3.05.2.1 By special use permit within
the floodway
Sec. 30.3.05.2.2 By special use permit within
the floodway fringe
Permitted and prohibited uses and
structures
and certifications
Sec. 30.3.13
Encroachment standards;
determining impact on base flood
elevation
Sec. 30.3.15
Construction standards
Sec. 30.3.9
Administration; amendment to district
boundaries
Sec. 30.3.10
Administration; Letters of Map Change
By Amending, Renaming and Combining Multiple Sections:
Old New
Sec. 30.3.04 Prohibited uses Sec. 30.3.11
Sec. 30.3.05 Permitted uses
Sec. 30.3.05.1 By right
Sec. 30.3.05.1.1 By right within the floodway
Sec. 30.3.05.1.2 By right within the floodway
fringe
Sec. 30.3.05.2 By special use permit
Sec. 30.3.05.2.1 By special use permit within
the floodway
Sec. 30.3.05.2.2 By special use permit within
the floodway fringe
Permitted and prohibited uses and
structures
Sec. 30.3.06 Landfill permits for flood Sec. 30.3.14 Encroachment standards; fill in the
plain alteration floodway fringe
Sec. 30.3.06.1 Permit requirements
By Adding:
Sec. 30.3.3 Applicability
Sec. 30.3.6 Designation of floodplain administrator; powers and duties
Sec. 30.3.8 Administration; interpretation of district boundaries
Sec. 32.5.7 Flood hazard overlay district
Chapter 18. Zoning
Article III. District Regulations
Section 30.3
Flood Hazard Overlay District — FH
Sec. 30.3 Flood hazard overlay district - FH
Sec. 30.3.1 Purposes and intent.
Under the authority of Virginia Code § 15.2 -2280, the purposes and intent of section 30.3 are to:
A. Prevention of harm. 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.
B. Means used In order to prevent the several harms described in subsection (A), section 30.3
establishes an overlay zoning district to: (i) regulate uses, activities, and development which,
alone or in combination with other existing or future uses, activities, and development, will cause
unacceptable increases in flood heights, velocities, and frequencies; (ii) restrict or prohibit certain
uses, activities, and development from locating within areas subject to flooding; (iii) require all of
those uses, activities, and developments that do occur in areas subject to flooding to be protected
or flood - proofed, or both, against flooding and flood damage; and (iv) protect individuals from
buying land and structures which are unsuited for intended purposes because of flood hazards.
C. Flood insurance. Address a local need for flood insurance and to participate in the National Flood
Insurance Program.
(§ 30.3.01, 12- 10 -80; Ord. 05- 18(1), 1 -5 -05, effective 2 -5 -05)
State law reference — Va. Code § 15.2 -2280.
Federal law reference — 44 CFR §§ 59.22(a)(1) , (a)(2).
Sec. 30.3.2 Flood Insurance Rate Map and Flood Insurance Study.
The flood hazard overlay district shall be composed of all areas of the county within the special flood
hazard areas delineated on the Flood Insurance Rate Map for Albemarle County, Virginia and
Incorporated Areas and the Independent City of Charlottesville, most recently amended effective on and
after April 2, 2014 (the "Flood Insurance Rate Map "), and the Flood Insurance Study for Albemarle
County and Incorporated Areas and the Independent City of Charlottesville prepared by the Federal
Emergency Management Agency, most recently amended effective on and after April 2, 2014 (the "Flood
Insurance Study "), and includes all subsequent revisions and amendments to the Flood Insurance Rate
Map and Flood Insurance Study.
The Flood Insurance Rate Map and the Flood Insurance Study are incorporated herein by reference. The
Flood Insurance Rate Map, including all of the special flood hazard area zones designated thereon, is
hereby adopted as the zoning map of the flood hazard overlay district.
(§ 30.3.02.1 (part), 12- 10 -80; 6- 10 -87; Ord. 05- 18(1), 1 -5 -05, effective 2 -5 -05)
State law reference — Va. Code § 15.2 -2280.
Federal law reference — 44 CFR § 60.2(h).
Sec. 30.3.3 Applicability.
Section 30.3 applies as follows:
A. Territory. Section 30.3 shall apply to all privately and publicly owned lands within the county
that are identified as being within a special flood hazard area according to the Flood Insurance
Rate Map provided to the county by the Federal Emergency Management Agency.
B. Relationship to other regulations. The regulations in section 30.3 supersede any less restrictive
conflicting ordinances and regulations.
C. New uses and development. On and after April 2, 2014, 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 section 30.3, this chapter, and any other
applicable ordinances and regulations which apply to uses within the county.
D. Pre - existing uses and development. Any use or development lawfully existing on April 2, 2014
shall be nonconforming to the extent that it is not in compliance with section 30.3.
E. Presumptions. Any, use, structure or other development lawfully established after April 2, 2014
without a floodplain development permit, elevation certificate, or any other certification or
documentation (collectively, the "documentation ") required for development within the flood
hazard overlay district is presumed to be a violation of this chapter until the documentation is
provided to the floodplain administrator and determined to satisfy the requirements of the district.
(§ 30.3.3 (new))
State law reference — Va. Code § 15.2 -2280.
Federal law reference -44 CFR § 60.1(b).
Sec. 30.3.4 Disclaimer.
The degree of flood protection sought by the provisions in section 30.3 is considered reasonable for
regulatory purposes and is based on acceptable engineering methods of study, but does not imply total
flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-
made or natural causes, such as ice jams and bridge openings restricted by debris. Therefore:
A. Flooding and flood damage may occur outside, of flood hazard overlay district. Section 30.3 does
not imply that lands or uses outside of the flood hazard overlay district will be free from flooding
or flood damage.
B. Disclaimer. Section 30.3 is not a waiver of sovereign immunity or any statutory immunities and
shall not create liability on the part of the county or any of its officers or employees for any flood
damage resulting from reliance on this section or any decision or determination lawfully made
under this chapter.
(§ 30.3.08, 12- 10 -80)
Sec. 30.3.5 Definitions.
The following definitions shall apply in the interpretation and implementation of section 30.3:
Accessory structure: An accessory structure, as defined in section 3. 1, having a footprint that does not
exceed two hundred (200) square feet.
Base flood.- The flood having a one (1) percent chance of being equaled or exceeded in any given year,
and also referred to as the "one hundred year flood."
Base flood elevation: The water surface elevation of the base flood in relation to the datum specified on
the county's Flood Insurance Rate Map or the elevation determined pursuant to section 30.3.13(Q.
Basement: Any area of a building having its floor sub -grade (below ground level) on all sides.
Conditional Letter of Map Revision (CLOMR): A formal review and comment by the Federal Emergency
Management Agency as to whether a proposed flood protection project or other project complies with the
minimum National Flood Insurance Program requirements for such projects with respect to the
delineation of special flood hazard areas, but which does not revise the effective Flood Insurance Rate
Map or Flood Insurance Study.
Development: Any man -made change to improved or unimproved real estate, including, but not limited
to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
Elevated building: A building without a basement built to have the lowest floor elevated above the ground
level by means of solid foundation perimeter walls, pilings, or columns (posts and piers).
Encroachment: The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent
structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
Existing manufactured home park or subdivision: Any manufactured home park or subdivision lawfully
approved and recorded. before the effective date of the Flood Insurance Rate Map or before January 1, 1975
for Flood Insurance Rate Maps effective before that date.
Existing structure: Any structure for which the "start of construction" commenced before the effective
date of the Flood Insurance Rate Map or before January 1, 1975 for Flood Insurance Rate Maps effective
before that date.
Flood or flooding: Either (i) a general or temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland waters, the unusual and rapid accumulation or runoff
of surface waters from any source; or mudflows which are proximately caused by flooding from unusual
and rapid accumulation or runoff of surface waters from any source, and are akin to a river of liquid and
flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current; or (ii) the collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated force of nature such as a flash
flood, or by some similarly unusual and unforeseeable event which results in flooding from the overflow
of inland waters.
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Flood Insurance Rate Map (FIRM: A map of the county on which the Federal Emergency Management
Agency has delineated both the special hazard areas and the risk premium zones applicable within the
county.
Flood Insurance Study (FIS): A report by the Federal Emergency Management Agency that examines,
evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudflow and /or flood - related erosion hazards.
Floodplain: Any land area susceptible to being inundated by water from any source.
Flood proofing: Any combination of structural and non - structural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and
sanitary facilities, structures and their contents.
Floodplain impact plan. A plan prepared by a professional engineer or other professional of demonstrated
qualifications, and submitted to the floodplain administrator in sufficient detail as provided in the Design
Standards Manual to allow him to conduct a complete review of the impacts to the floodplain that may be
caused by an encroachment, wherein the plan is composed of hydrologic and hydraulic analyses
performed in accordance with standard engineering practices and demonstrating that a proposed
encroachment will not result in an increase in water surface elevation or a change in boundaries of the
base flood above that allowed in the particular zone within the county during the occurrence of the base
flood discharge, and studies, analyses, computations, and the plan preparer's certification that the
technical methods used correctly reflect currently- accepted technical concepts.
Floodway, regulatory: The channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one (1) foot.
Floodway fringe: The portion of the floodplain subject to a one (1) percent or greater chance of flooding
in any given year that lies between the regulatory floodway and the outer limits of the special flood
hazard area depicted on the Flood Insurance Rate Map.
Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain
management, for the primary purpose of compensating for the many unknown factors that could
contribute to flood heights greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the
watershed, all of which, in turn, may allow flood insurance premiums to be reduced below that which
they might otherwise be.
Freeboard elevation. The base flood elevation plus one (1) foot.
Habitable space. An enclosed area having more than twenty (20) linear feet of finished walls composed
of, but not limited to, drywall, paneling, lath and plaster, or used for any purpose other than solely for
parking of vehicles, building access, or storage.
Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure.
Historic structure: Any structure that is: (i) listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register; (ii) 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; (iii) individually listed on a Secretary of the Interior - approved State inventory of historic
places; or (iv) individually listed on a county inventory of historic places under a county historic
preservation program that has been certified by an approved State program as determined by the Secretary
of the Interior.
Hydrologic and hydraulic analyses: Analyses performed by a licensed professional engineer, in
accordance with standard engineering practices that are accepted by the Virginia Department of
Conservation and Recreation and the Federal Emergency Management Agency, used to determine the base
flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.
Letter of Map Change (LOMC): An official Federal Emergency Management Agency determination, by
letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study in the form
of a Letter of Map Amendment, a Letter of Map Revision, or any other similar official Federal Emergency
Management Agency determination made by letter.
Letter of Map Amendment (LOMA): An amendment based on technical data showing that a parcel, site or
structure was incorrectly included in a designated special flood hazard area. A LOMA amends the current
effective Flood Insurance Rate Map and establishes that a particular parcel or site as described by metes
and bounds, or a structure, is not located in a special flood hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood
zones, flood elevations, floodplain and regulatory floodway delineations, and planimetric features.
Letter of Map Revision Based on Fill (LOMB -F): A revision based on technical data making the
determination that a parcel, site or structure has been elevated by fill, authorized and placed in accordance
with section 30.3 and all other requirements of this chapter, above the base flood elevation and is,
therefore, no longer exposed to flooding associated with the base flood.
Lowest floor: The lowest floor of the lowest enclosed area (including basement) of a building, provided
that an unfinished or flood - resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building's lowest floor, and further
provided that the enclosed area is not built so as to render the building in violation of the applicable non -
elevation design requirements of section 30.3.15 and 44 CFR §60.3.
Manufactured home: A structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when connected to the required
utilities and, for floodplain management purposes, includes park trailers, travel trailers, and other similar
vehicles placed on a site for longer than one hundred eighty (180) consecutive days, but does not include a
recreational vehicle.
Manufactured home park or subdivision: A parcel or site divided into two or more manufactured home
lots for rent or sale.
New construction: For floodplain management purposes, new construction means structures for which
the start of construction commenced on or after December 16, 1980 and includes any subsequent
improvements to such structures.
Post- FIRMstructures: A structure for which construction or substantial improvement lawfully occurred
on or after December 16, 1980.
Pre- FIRMstructures: A structure for which construction or substantial improvement lawfully occurred
before December 16, 1980.
Recreational vehicle: A vehicle which is: (i) built on a single chassis; (ii) four hundred (400) square feet
or less when measured at the largest horizontal projection; (iii) designed to be self - propelled or
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permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Repetitive loss structure: A building covered by a contract for flood insurance that has incurred flood -
related damage on two (2) occasions during a ten (10) -year period ending on the date of the event for
which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or
exceeded twenty -five (25) percent of the market value of the building at the time of each flood event.
Shallow flooding area: A special flood hazard area with base flood depths from one (1) to three (3) feet
where a clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident, and where the flooding may be characterized by
ponding or sheet flow.
Special flood hazard area: The land in the floodplain subject to a one (1) percent or greater chance of
flooding in any given year and which may be designated as Zone A on the Flood Hazard Boundary Map
and, after detailed ratemaking has been completed in preparation for publication of the Flood Insurance
Rate Map, designated as Zones A, AO, AH, Al -30, AE, A99, AR, AR/A1 -30, AR/AE, AR/AO, AR/AH,
or AR/A.
Start of construction: The date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement
was within one hundred eighty (18 0) days after the date the permit was issued; provided that: (i) "actual
start" means either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured home on a foundation; (ii) "permanent
construction" does not include land preparation, such as clearing, grading and filling, nor the installation
of streets or walkways, or both; nor any excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor the installation on the site of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure; and further provided that, for a
substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that alteration affects the external dimensions
of the building.
Structure: For floodplain management purposes, a walled and roofed building, including a gas or liquid
storage tank, that is principally aboveground, as well as a manufactured home.
Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of
the structure before the damage occurred.
Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before
the start of construction of the improvement and includes structures which have incurred substantial
damage regardless of the actual repair work performed; provided that the term does not include: (i) any
project for improvement of a structure to correct existing violations of state or county health, sanitary, or
safety code regulations which have been identified by the zoning administrator, the building official or
any other code enforcement officer and which are the minimum necessary to assure safe living
conditions; or (ii) any alteration of a historic structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure.
Water- dependent facility. Facilities that cannot exist outside of the flood hazard overlay district and must
be located on the shoreline because of the intrinsic nature of its operation and which include, but are not
limited to: (i) the intake and outfall structures of power plants, sewage treatment plants, water treatment
plants, and storm sewers; (ii) public water - oriented recreation areas; and (iii) boat docks and ramps.
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Watercourse: A lake, river, creek, stream, wash, channel or other topographic feature on or over which
waters flow at least periodically, and includes specifically designated areas in which substantial flood
damage may occur.
Zone A. A special flood hazard area that is subject to inundation by the one (1) percent annual chance
flood event (one hundred year flood) where detailed hydraulic analyses have not been performed and no
base flood elevations or flood depths are shown.
Zone AE or Al -30. A special flood hazard area that is subject to inundation by the one (1) percent annual
chance flood event (one hundred year flood) determined by detailed methods where base flood elevations
are shown. Zone AE is the designation replacing Zone Al -30 on new and revised Flood Insurance Rate
Maps.
Zone AH. A special flood hazard area that is subject to inundation by one (1) percent annual chance (one
hundred year flood) shallow flooding, usually areas of ponding, where average depths are one to three
feet and base flood elevations derived from detailed hydraulic analyses are shown.
Zone AO. A special flood hazard area that is subject to inundation by one percent annual chance (one
hundred year flood) shallow flooding, usually sheet flow on sloping terrain, where average depths are one
to three feet and average flood depths derived from detailed hydraulic analyses are shown.
(§ 30.3.02.1 (part), 12- 10 -80; 6- 10 -87; Ord. 05-18(l),1-5-05, effective 2 -5 -05)
State law reference— Va. Code § 15.2 -2286.
Federal law reference -44 CFR § 59.11.
Sec. 30.3.6 Designation of floodplain administrator; powers and duties.
The county engineer is hereby designated the floodplain administrator (the "floodplain administrator ")
and shall have any and all powers and duties authorized by law to administer and to enforce section 30.3,
including, but not limited to, the following:
A. Administration. Administer section 30.3 which shall include, but not be limited to, performing all
applicable duties and responsibilities of the county as provided in 44 CFR § 60.3(a), (b), (c), and
(d) relevant to the administration of section 30.3.
B. Delegation to qualified employees and authorized public entities. Delegate any duties and
responsibilities set forth in section 303: (i) to qualified technical personnel, plan examiners,
inspectors, and other employees; and (ii) with the prior consent of the Virginia Department of
Conservation and Recreation, to an authorized public entity by written memorandum of
understanding or memorandum of agreement; provided that the floodplain administrator and the
county shall remain responsible for complying with the requirements of this section and all
applicable state and federal laws.
C. Implement commitments. Implement the commitments required to be made by the county under
44 CFR § 59.22(a).
D. Recordkeeping. Maintain and permanently keep records that are necessary for the administration
of section 30.3, including: (i) Flood Insurance Studies, Flood Insurance Rate Maps (including
historic studies and maps and current effective studies and maps) and Letters of Map Change; and
(ii) documentation supporting issuance and denial of permits, elevation certificates,
documentation of the elevation (in relation to the datum on the Flood Insurance Rate Map) to
which structures have been flood - proofed, other required design certifications, variances, and
records of enforcement actions taken to correct violations of these regulations.
E. Reporting. Report information as required by law, including the following:
Periodic report regarding County participation in program. Submit to the Federal
Emergency Management Agency, either annually or biennially as he determines, a report
concerning the county's participation in the National Flood Insurance Program,
including, but not limited to, the county's development and implementation of floodplain
regulations, under 44 CFR § 59.22(b).
2. Report of buildings, development and related permits. Upon the request of the Federal
Emergency Management Agency, complete and submit a report concerning participation in
the National Flood Insurance Program, and which may include information regarding the
number of buildings in the special flood hazard areas, number of permits issued for
development in the special flood hazard areas, and number of variances issued for
development in the special flood hazard areas.
Changes to base flood elevation. As soon as practicable, but not later than six (6) months
after the date information regarding an increase or decrease to the county's base flood
elevations resulting from physical changes affecting flooding conditions becomes
available, the administrator shall notify the Federal Emergency Management Agency of
the changes by submitting technical or scientific data.
F. Signatory on applications for Letters of Map Change. Sign as the community official on
applications for Letters of Map Change to the Federal Emergency Management Agency.
G. Enforcement. In conjunction with the zoning administrator who is authorized by section 31.1 to
enforce this chapter, enforce section 30.3, investigate alleged violations, issue notices to comply,
notices of violation, or stop work orders, as authorized by law, and require permit holders to take
corrective action.
(§ 30.3.6 (new))
State law reference— Va. Code § 15.2 -2286.
Federal law reference —44 CFR §§ 59.22(b), 60.2(e), 60.3(b)(5), 65.3.
Sec. 30.3.7 Administration; interpretation of Flood Insurance Rate Map.
The floodplain administrator shall make interpretations, where needed, as to the exact location of special
flood hazard areas, floodplain boundaries, including the approximated floodplain, and regulatory
floodway boundaries. The following shall apply to the use and interpretation of a Flood Insurance Rate
Map and data:
A. Where field surveyed topography indicates that adjacent ground elevations above or below base
flood elevation. Where field surveyed topography indicates that adjacent ground elevations are:
1. Above base flood elevation. Above the base flood elevation, the area shall be regulated as
a special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
2. Below base flood elevation. Below the base flood elevation, even in an area not
delineated as a special flood hazard area on a Flood Insurance Rate Map, the area shall be
regulated as a special flood hazard area and subject to the requirements of section 30.3.
B. Special flood hazard area identified, where base flood elevation and floodway data not identified
(approximated floodplain). In any special flood hazard area where base flood elevation and
floodway data have not been identified and the floodplain is approximated, any other flood
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hazard data available from a federal, state, or other sources shall be reviewed and reasonably used
and, for example, the floodplain administrator may use as guidance the Federal Emergency
Management Agency publication entitled "Managing Floodplain Development in Approximate
Zone A Areas: A Guide for Obtaining and Developing Base (100 -Year) Flood Elevations."
C. Special flood hazard area not identified. In any area where a special flood hazard area has not
been identified, any other flood hazard data available from a federal, state, or other source shall
be reviewed and reasonably used.
D. Elevations and boundaries on Flood Insurance Rate Map and in Flood Insurance Study take
precedence. The base flood elevations and regulatory floodway boundaries on a Flood Insurance
Rate Map and in a Flood Insurance Study shall take precedence over base flood elevations and
regulatory floodway boundaries by any other sources if those sources show reduced regulatory
floodway widths, lower base flood elevations, or both.
E. Reasonable use of other data sources. Other sources of data shall be reasonably used if they show
increased base flood elevations, larger floodway areas, or both, than are shown on a Flood
Insurance Rate Map and in a Flood Insurance Study.
F. Preliminary Flood Insurance Rate Map; preliminary Flood Insurance Study. If a preliminary
Flood Insurance Rate Map, Flood Insurance Study, or both has been provided by the Federal
Emergency Management Agency:
Prior to the issuance of a Letter of Final Determination. Prior to the issuance of a Letter
of Final Determination by the Federal Emergency Management Agency, the use of
preliminary flood hazard data: (i) is permitted where the preliminary base flood
elevations or floodway areas exceed the base flood elevations, regulatory floodway widths,
or both, in existing flood hazard data provided by the Federal Emergency Management
Agency; (ii) shall be deemed the best available data and used where no base flood
elevations, floodway areas, or both, are provided on the effective; and (iii) any such
preliminary data may be subJect to change, appeal to the Federal Emergency Management
Agency, or both.
2. Upon the issuance of a Letter of Final Determination. Upon the issuance of a Letter of
Final Determination by the Federal Emergency Management Agency, the preliminary
flood hazard data shall be used and shall replace the flood hazard data previously provided
from the Federal Emergency Management Agency for the purposes of administering
section 30.3.
(§ 30.3.02.2,12-10-80; Ord. 01- 18(6), 10 -3 -01; Ord. 05- 18(1), 1 -5 -05, effective 2 -5 -05)
State law reference — Va. Code § 15.2 -2286.
Federal law reference -44 CFR § 60.3.
Sec. 30.3.8 Administration; interpretation of district boundaries.
The zoning administrator, in consultation with the floodplain administrator, is authorized to interpret the
boundaries of the flood hazard overlay district, as provided in section 31.1(a), subject to any aggrieved
person's right to appeal any decision, determination or order to the board of zoning appeals as provided in
section 34.
(§ 30.3.8 (New))
State law reference— Va. Code §§ 15.2 -2286, 15.2 -2311.
Federal law reference -44 CFR § 59.22(b)(1).
10
Sec. 30.3.9 Administration; amendment to district boundaries.
With the prior approval of the Federal Emergency Management Agency, the board of supervisors may
amend the boundaries of the flood hazard overlay district in one or more of the following cases: (i) where
natural or man -made changes have occurred; (ii) where more detailed studies have been conducted or
undertaken by the United States Army Corps of Engineers or other qualified agency; or (iii) an individual
documents the need for such change.
(§ 30.3.07 (part), 12- 10 -80; Ord. 05- 18(1), 1 -5 -05, effective 2 -5 -05)
State law reference — Va. Code §§ 15.2 -2285, 15.2 -2286
Federal law reference -44 CFR § 59.22(b)(1).
Sec. 30.3.10 Administration; Letters of Map Change.
Letters of Map Change are subject to the following:
A. Request. Any owner, developer or subdivider (collectively, the "owner ") shall or may request a
Letter of Map Change or a Conditional Letter of Map Change as provided by federal law, and as
follows:
Letter of Map Amendment ("LOAM') or Conditional Letter of Map Amendment
( "CLOAA'). If survey data shows that a parcel, site or structure is or will be above the
base flood elevation and the owner wants the parcel, site or structure removed from the
special flood hazard area designation, he may request a Letter of Map Amendment from
the Federal Emergency Management Agency. The owner also shall provide survey data to
the floodplain administrator, which shall be in a form and of a substance that is
satisfactory to the floodplain administrator. If the survey data is satisfactory to the
floodplain administrator, he shall record the data. An owner may request a Conditional
Letter of Map Amendment for an undeveloped parcel.
2. Letter of Map Revision ( "LOMR ") or Conditional Letter of Map Revision (CLOAIM),
optional. If a new flood study has been conducted showing that the original study was in
error or that the new study is based on more accurate or better technical data, an owner
may request a Letter of Map Revision or a Conditional Letter of Map Revision from the
Federal Emergency Management Agency to change the floodplain or regulatory floodway
boundaries or to include new flood data.
3. Letter of Map Revision ( "LOMR ") or Conditional Letter of Map Revision (CLOAK),
required. If development, or proposed development, in the floodplain may result in a
change to the base flood elevation in any special flood hazard area, encroaches on the
regulatory floodway, or would alter or relocate a stream, the owner shall request a Letter
of Map Revision or a Conditional Letter of Map Revision from the Federal Emergency
Management Agency. If the requested Letter of Map Revision is based on new fill in the
floodway fringe where a regulatory floodway is defined, the owner shall request a Letter
of Map Revision - fill ( "LOMR -F ") or a Conditional Letter of Map Revision — fill
( "CLOMR -F ").
4. Minimal submittal requirements to the floodplain administrator; signature. The owner
shall submit to the floodplain administrator two (2) copies of the proposed application,
together with supporting documentation and models, and the applicable fee, for review
and approval prior to the floodplain administrator signing the application as the
community official. If the owner is required to obtain a special use permit for any
proposed development in the flood hazard overlay district, the owner shall first obtain
approval of the special use permit and satisfy all applicable conditions of the special use
permit before the floodplain administrator signs the application.
11
B. Effect of conditional Letter of Map Change. A Conditional Letter of Map Change informs the
owner and others that when the development is completed, and if the owner submits an elevation
certificate and as -built drawings certified by a land surveyor or a professional engineer to
demonstrate that the development was built as approved in the Conditional Letter of Map of Map
Change, it will qualify for the particular Letter of Map Change, which must be requested from
and issued by the Federal Emergency Management Agency in order for the map to be amended or
revised.
C. Effect of Letter of Map Change on permitting and uses. A proposed or pending request for a
Letter of Map Change affects permitting and uses as follows:
Letter of Map Amendment or Conditional Letter of Map Amendment. If the owner has or
will be requesting a Letter of Map Amendment or a Conditional Letter of Map
Amendment as provided in subsection (A)(1), the administrator or any other county
official or body may act on any pending application and any authorized use may begin,
provided that the owner furnished to the administrator the survey data on which a Letter
of Map Amendment or Conditional Letter of Map Amendment is or will be based before
the Letter of Map Amendment or Conditional Letter of Map Amendment is issued.
2. Letter of Map Revision or Conditional Letter of Map Revision, optional. If the owner has
or will be requesting an optional Letter of Map Revision or Conditional Letter of Map
Revision as provided in subsection (A)(2), the administrator or any other county official
or body may act on any pending application and any authorized use may begin, provided
that if the Letter of Map Revision or Conditional Letter of Map Revision, if issued, would
reduce any design or construction standard, or change the special flood hazard area
designation of the parcel, site or structure from the regulatory floodway to the floodway
fringe, any approval may be conditioned on, and no use shall be begin, until the Federal
Insurance Administrator issues the Letter of Map Revision or Conditional Letter of Map
Revision.
3. Letter of Map Revision ( "LOMR') or Conditional Letter of Map Revision (CLONIR),
required. If the owner has or will be requesting a required Letter of Map Revision or
Conditional Letter of Map Revision as provided in subsection (A)(3), the administrator or
any other county official or body shall not act on any pending application and no use
shall begin until the Federal Emergency Management Agency issues the Letter of Map
Revision and all requirements of 44 CFR § 65.12 are satisfied.
(§ 30.3.07 (part), 12- 10 -80; Ord. 05- 18(1), 1 -5 -05, effective 2 -5 -05)
State law reference — Va. Code § 15.2 -2286.
Federal law reference -44 CFR §§ 59.22(b)(1), 65.3, 65.6.
Sec. 30.3.11 Permitted and prohibited uses and structures.
The uses and structures permitted by right and by special use permit, and the uses and structures expressly
prohibited, in the flood hazard overlay district are as follows:
Use or Structure
Regulatory
Floodway.
Floodway
Fringe
Agricultural, Natural Resources, and Recreational Uses and Structures*
Agricultural uses, limited to field crops, pasture, grazing, livestock, raising poultry,
horticulture, viticulture and forestry; provided that no primary or accessory structures
BR
BR
are permitted under this classification
Structures accessory to a permitted agricultural use; provided that no accessory
N
BR
structures having habitable space are permitted
12
Recreational uses including, but not limited to, parks, swimming areas, golf courses and
driving ranges, picnic areas, wildlife and nature preserves, game farms, fish hatcheries,
hunting, fishing and hiking areas, athletic fields, and horse show grounds; provided that
BR
BR
no primary or accessory structures are permitted under this classification
Structures accessory to a permitted recreational use; provided that no accessory
N
BR
structures for human habitation are permitted
Sod farming
SP
SP
Topsoil, sand, and gravel removal
SP
SP
Flood and Water Related Uses and Structures*
Flood warning aids and devices, water monitoring devices, and similar uses
BR
BR
Flood control or environmental restoration projects which: (i) are designed or directed
by the county, a soil and water conservation district, or a public agency authorized to
carry out flood control or environmental restoration measures; or (ii) are reviewed and
BR
BR
approved by the department of community development in accordance with the water
protection ordinance
Dams, levees and other structures for flood control or for the public drinking water
SP
SP
supply
Engineered structures, including, but not limited to, retaining walls and revetments
made of non - natural materials such as concrete which are constructed along channels or
SP
SP
watercourses for the purpose of water conveyance or flood control
Water related uses such as boat docks and canoe liveries
SP
SP
Hydroelectric power generation (reference 5.1.26)
SP
SP
Public Utility and Telecommunications Uses and Structures*
Electric, gas, oil and communications facilities, including poles, lines, pipes, meters and
related facilities for distribution of local service and owned and operated by a public
BR
BR
utility, but excluding tower structures
Water distribution and sewage collection lines and appurtenances owned and operated
by the Albemarle County Service Authority, but excluding pumping stations and
holding ponds; public water and sewer transmission lines, main or trunk lines, and
BR
BR
interceptors, but excluding treatment facilities and pumping stations, owned and/or
operated by the Rivanna Water and Sewer Authority
Pump stations for water or wastewater, including power supply and control devices,
SP
SP
holding ponds and other appurtenances
Electrical transmission lines and related towers; microwave and radio -wave
SP
SP
transmission and relay towers
Tier I and Tier II personal wireless service facilities that are attached to an existing
N
BR
structure
Tier III personal wireless service facilities
N
N
Stream Crossings and Grading Activities*
Stream crossings for driveways serving single - family dwellings and pedestrian trails,
including, but not limited to, pedestrian and multi -use paths that are within county -
owned or operated parks and greenways, and any footbridges necessary to cross
BR
BR
tributary streams, watercourses and swales, that: (i) meet the applicable requirements of
sections 17 -406 and 17 -604; (ii) demonstrate, in a floodplain impact plan, to the
floodplain administrator's satisfaction, that construction of the crossing will have no
impact on the elevations or limits of the floodplain; and (iii) will serve one dwelling unit
that could not be accessed by any other means.
Bridges, ferries and culverts not serving single - family dwellings
SP
SP
Grading activities in compliance with the Water Protection Ordinance; provided that it
is demonstrated, in a floodplain impact plan that the grading will have no impact on the
elevations or limits of the floodplain and further provided that any cut or fill shall be
N
BR
only to level areas for playfields, correct erosion problems, build trails, or other fine
grading activities which will have no impact on the floodplain.
Grading activities, including cut or fill, in compliance with the Water Protection
Ordinance, but for which the floodplain administrator determines will or may cause the
N
SP
base flood elevation to rise or the horizontal limits of the floodplain to expand
Miscellaneous Structures*
Aircraft landing strips; provided that structures other than the landing strip, aircraft
SP
SP
parking, and aircraft storage are prohibited
13
Fences
BR
BR
Structures accessory to uses permitted by right in the regulatory floodway, excluding
structures having habitable space; provided that any such structure permitted shall be
flood-proofed and anchored per FEMA standards.
N
SP
Structure having habitable space, including any manufactured home, regardless of the
structure's proposed use, whether it qualifies as a dwelling unit, and whether it is a
primary or accessory structure
N
N
Storage as a Primary or Accessory Use*
Storage of gasoline, kerosene and other petroleum products
N
N
Storage of flammable liquids, dynamite, blasting caps and other explosives
N
N
Storage of pesticides and poisons and other similar materials
N
N
Storage of machinery and motor vehicles except as accessory to a use allowed by right
or by special use permit
N
N
Storage ofjunk
N
N
*Heading is for organizational purposes only and is not a use classification.
* *Heading denotes that the use classifications are prohibited as either primary or accessory uses.
BR: The use is permitted by right, provided that the use or structure satisfies all applicable requirements of this
chapter, including, but not limited to, the permitting requirements of section 30.3.12 and the encroachment and
construction standards in sections 30.3.13 through 30.3.15.
SP: The use is permitted by special use permit, provided that the use or structure satisfies all applicable requirements
of this chapter. including, but not limited to, the permitting requirements of section 30.3.12 and the encroachment
and construction standards in sections 30.3.13 through 30.3.15.
N: The use is not permitted.
(§ 30.3.04, 12- 10 -80); (§ 30.3.05, 12- 10 -80); (§ 30.3.05.1, 12- 10 -80); (§ 30.3.05.1.1, 12- 10 -80, 7 -1 -81, 5-
12-93; Ord. 98- 18(2); 9- 16 -98; Ord. 04- 18(2), 10- 13 -04; Ord. 09- 18(2), 5- 13 -09); (§ 30.3.05.1.2, 12 -10-
80; Ord. 05- 18(1), 1 -5 -05, effective 2- 5 -05); (§ 30.3.05.2, 12- 10 -80); (§ 30.3.05.2.1, 12- 10 -80, 4- 28 -82,
Ord. 98- 18(2); 9- 16 -98; Ord. 04- 18(2), 10- 13 -04); (§ 30.3.05.2.2, 12- 10 -80)
State law reference —Va. Code § 15.2 -2280.
Federal law reference -44 CFR § 60.1(d).
Sec. 30.3.12 Prerequisite to development; required permits and certifications.
In addition to the requirements for any other permits under this chapter, no use, structure, or any other
development (collectively, the "development ") within the flood hazard overlay district shall commence
without the owner first obtaining or providing the following:
A. Floodplain development permit. A floodplain development permit for any development, including
those for which other permits or certificates are required under subsections (B) through (E),
issued by the floodplain administrator, which shall be deemed to be certification of the following:
1. Uses, structures or development subject to permit. The owner submitted documentation
that the proposed development is authorized within the district as it has been proposed
and approved under this chapter and that it is in compliance with all applicable state and
federal laws.
2. Compliance with all applicable laws. The development is authorized to be undertaken
only in strict compliance with the requirements of the flood hazard overlay district, this
chapter, and all other applicable laws, including the Virginia Uniform Statewide Building
Code, the Subdivision Ordinance, and the Water Protection Ordinance.
3. Reasonably safe from flooding. The site has been reviewed by the floodplain
administrator and he is assured that it is reasonably safe from flooding. This assurance
shall be based, in part, upon any documentation provided by the owner showing the
elevation of the lowest floor, including the basement, of any new and substantially
14
improved structures and, if the structure has been flood - proofed in accordance with the
requirements of the flood hazard overlay district, the elevation (in relation to mean sea
level) to which the structure has been flood - proofed.
4. Adverse effect on capacity of channels and floodways prohibited. Under no circumstances
shall any development adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch, or any other drainage facility or system.
Floodway or in a riverine floodplain where the floodway is not mapped. For any
development in the regulatory floodway or in a riverine floodplain where the floodway is
not mapped, the owner shall submit to the floodplain administrator a no -rise certificate
composed of a professional engineer's certification that the development will not cause
an increase in flood levels, based on the technical data required by section 30.3.13. The
no -rise certificate shall be on a form provided by the floodplain administrator.
B. Grading permit. No grading permit shall be issued for fill in the floodway fringe unless the
floodplain administrator determines that the proposed fill satisfies the requirements of section
30.3.14.
C. Permit to relocate or alter a watercourse; required notice. Prior to any proposed alteration or
relocation of any channels or of any watercourse within the flood hazard overlay district, the
owner shall obtain all required permits from the United States Corps of Engineers, the Virginia
Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint
permit application is available from any of these organizations). In riverine areas, notification of
the proposed relocation or alteration shall be given by the owner to all affected adjacent
jurisdictions, the Virginia Department of Conservation and Recreation's Division of Dam Safety
and Floodplain Management, the Federal Emergency Management Agency, and any other public
agencies required to be notified by state or federal law. The flood carrying capacity within an
altered or relocated portion of any watercourse shall be maintained.
D. Building permits. No building permit shall be issued for any structure within the flood hazard
overlay district unless: .
Elevations. The building permit includes the existing and proposed ground elevations, the
boundaries of the flood hazard overlay district, the base flood elevation on the site, the
elevation of the lowest floor, including any basement, and for any structures to be flood -
proofed as required by section 30.3, the elevation to which the structure will be flood -
proofed.
2. Elevation certificate. The owner submits to the floodplain administrator an elevation
certificate, to be retained by the floodplain administrator, certifying that the lowest floor
is elevated at or above the freeboard elevation. The elevation certificate shall be either on
the Federal Emergency Management Agency Elevation form or a form provided by the
floodplain administrator.
Flood proofing certificate; non - residential buildings. The owner submits to the
floodplain administrator a flood - proofing certificate composed of a professional
engineer's certification that a non - residential building was properly flood - proofed as
required by section 30.3.15. The flood - proofing certificate shall be either on the Federal
Emergency Management Agency Elevation form or a form provided by the floodplain
administrator.
(§ 30.3.03.2 (part), 12- 10 -80, 6- 10 -87); (§ 30.3.03.3, 12- 10 -80)
State law reference— Va. Code §§ 15.2 -2280, 15.2 -2286.
Federal law reference -44 CFR §§ 603(a)(1), (a)(2). (a)(4)(i), (a)(3), (b)(1), (b)(6), (b)(7).
15
Sec. 30.3.13 Encroachment standards; determining impact on base flood elevation.
Any use, structure or other development authorized by section 30.3.11 shall be subject to the following:
A. Within the floodway in Zone Al-30 or AE. The following shall apply within the regulatory
floodway of any Zone Al -30 or AE:
Encroachment prohibited unless owner demonstrates no increase in water surface
elevation of the base flood. Any encroachment, including new construction, substantial
improvements, fencing crossing a stream channel, or other development, but excluding
fill, is prohibited unless the owner demonstrates in a floodplain impact plan that the
proposed encroachment will not result in any increase in the water surface elevation of
the base flood within the county during the occurrence of the base flood discharge. Fill is
prohibited in the regulatory floodway regardless of whether the owner demonstrates that
the fill will not result in any increase in the water surface elevation of the base flood.
2. Encroachment which would increase the water surface elevation may be allowed with
Conditional Letter of Map Revision. Any encroachment, including fill, new construction,
substantial improvements, or other development, which would increase the water surface
elevation of the base flood may be allowed provided that the owner first applies, with the
floodplain administrator's endorsement, for a Conditional Letter of Map Revision as
provided in section 30.3.10, and receives the approval of the Federal Emergency
Management Agency.
Authorized encroachments; applicable design standards. All new construction and
substantial improvements shall comply with the applicable standards in section 30.3.15.
A replacement manufactured home may be placed on a lot in an existing manufactured
home park or subdivision to replace an existing manufactured home, provided the
anchoring, elevation, and encroachment standards in section 30.3.15(A) and (B) are
satisfied.
B. Within Zone AI-30, AE or AH, floodway not designated. The following shall apply within any
Zone Al -30, AE or AH where the floodway is not designated:
Encroachment prohibited unless owner demonstrates cumulative increase in water
surface elevation of the base flood will, not exceed one (1) foot. Any encroachment,
including fill, new construction, substantial improvements, fencing crossing a stream
channel, or other development, is prohibited unless the owner demonstrates in a
floodplain impact plan that the cumulative effect of the proposed encroachment, when
combined with all other existing and anticipated development, will not result in an
increase in water surface elevation of the base flood by more than one (1) foot within the
county during the occurrence of the base flood discharge.
Encroachment which would increase the water surface elevation of the base flood by
more than one foot may be allowed with Conditional Letter of Map Revision. Any
encroachment, including fill, new construction, substantial improvements, or other
development, which would increase the water surface elevation of the base flood by
more than one (1) foot may be allowed provided that the owner first applies, with the
floodplain administrator's endorsement, for a Conditional Letter of Map Revision as
provided in section 30.3.10, and receives the approval of the Federal Emergency
Management Agency.
C. Within Zone A; floodway not designated and floodplain boundary approximated. The following
shall apply within any Zone A where the floodway is not designated and the floodplain boundary
is approximated, in order to determine the location of the floodway and the floodplain, and the
elevation of the base flood:
16
Floodway and base flood elevation. The base flood elevation and floodway shall be
determined for the proposed development using information from federal, state, and other
acceptable sources shall be used to determine the floodway and base flood elevation,
when available. These sources shall include, but are not limited to, the United States
Army Corps of Engineers Floodplain Information Reports and the United States
Geological Survey Flood -Prone Quadrangles. If the base flood elevation cannot be
determined using these sources of data, then the applicant for the proposed encroachment
shall determine the base flood elevation, as follows:
a. Other sources. Base flood elevation data shall be obtained from other sources or
developed using detailed methodologies, comparable to those contained in a
Flood Insurance Study for subdivisions, site plans, and other proposed
development proposals that exceed fifty (50) lots or five (5) acres, whichever is
the lesser; or
b. Hydrologic and hydraulic analyses. In his discretion, the floodplain administrator
may require a floodplain impact plan.
2. Approximated floodplain. In the approximated floodplain, the applicant shall use
technical methods that correctly reflect currently accepted non - detailed technical
concepts, such as point on boundary, high water marks, detailed methodologies, or
hydrologic and hydraulic analyses. Studies, analyses, computations, and other
information shall be submitted to the floodplain administrator in sufficient detail to allow
him to conduct a complete review of the analyses. In his discretion, the floodplain
administrator may require the owner to submit a floodplain impact plan.
D. Any zone; additional information. The floodplain administrator may require a hydrologic and
hydraulic analysis for any development. When the base flood elevation data is used, the lowest
floor shall be elevated to or above the freeboard elevation.
(§ 30.3.03.2 (part), 12- 10 -80, 6- 10 -87)
State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286.
Federal law reference -44 CFR §§ 59.1, 60.3(b), (c) , (d).
Sec. 30.3.14 Encroachment standards; fill in the floodway fringe.
Any fill in the floodway fringe authorized by special use permit under section 30.3.11 shall, in addition to
any condition of approval of the special use permit and any applicable encroachment standard in section
30.3.13, be subject to the following:
A. Minimize obstruction. The fill shall be designed and constructed to minimize obstruction to and
effect upon the flow of water such that: (i) the fill will not, in the opinion of the floodplain
administrator, result in any increase in the base flood elevation above that authorized in section
30.3.13; and (ii) no fill is placed in the regulatory floodway.
B. Protect against erosion. The fill shall be effectively protected against erosion by vegetative
cover, riprap, gabions, bulkhead or another method acceptable to the floodplain administrator.
Any structure, equipment or material installed to protect against erosion shall be firmly anchored
to prevent dislocation due to flooding.
C. Non-polluting. The fill shall be of a material that will not pollute surface water or groundwater.
D. Additional information. The floodplain administrator may require any owner to submit additional
topographic, engineering and other data or studies as the administrator deems necessary to
17
determine the effect of flooding on a proposed structure or fill, the effect of the structure or fill, or
both, on the flow of water during a flood.
E. Certification by floodplain administrator. No fill activity shall occur before the owner submits a
site plan for review, the floodplain administrator certifies that the requirements of subsections (A)
through (D), and all other applicable requirements of the Code, have been satisfied.
( §§ 30.3.06, 30.3.06.1, 12- 10 -80)
State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286.
Federal law reference — 44 CFR § 60.1(d).
Sec. 30.3.15 Construction standards.
The following standards shall apply to any structure authorized under section 30.3.11 within the flood
hazard overlay district, and its special flood hazard area zones:
A. Structures and related improvements in any special flood hazard area; general standards. Any
structures and related improvements in any special flood hazard area zone shall satisfy the
following:
Compliance with building code and required anchoring. New construction and
substantial improvements shall be according to the Virginia Uniform Statewide Building
Code, and anchored to prevent flotation, collapse or lateral movement of the structure.
2. Use materials resistant to flood damage. New construction and substantial improvements
shall be constructed with materials and utility equipment resistant to flood damage.
3. Use methods to minimize flood damage. New construction or substantial improvements
shall be constructed by methods and practices that minimize flood damage.
4. Design to prevent water entering systems. Electrical, heating, ventilation, plumbing, air
conditioning equipment and other service facilities, including duct work, shall be designed
and /or located to prevent water from entering or accumulating within the components
during conditions of flooding.
5. Design to prevent water entering water supply systems. New and replacement water
supply systems shall be designed to minimize or eliminate infiltration of flood waters into
the system.
6. Design to prevent water entering sanitary sewage systems. New and replacement sanitary
sewage systems shall be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters.
7. Design to prevent impairment or contamination of on -site waste disposal systems. On -site
waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding.
8. Historic structures. Any historic structure undergoing repair or rehabilitation that would
constitute a substantial improvement shall comply with any requirements of the flood
hazard overlay district that do not preclude the structure's continued designation as a
historic structure. The owner shall provide documentation from the Secretary of the
Interior or the State Historic Preservation Officer that a specific requirement of the flood
hazard overlay district will cause removal of the structure from the National Register of
Historic Places or the State Inventory of Historic places, as applicable. Any relief from
any requirement shall be the minimum necessary to preserve the historic character and
design of the structure.
18
B. Buildings in Zones A, AI -30, AE, and AH,• elevation and construction standards. Any buildings
in Zones A, Al -30, AE, and AH, where base flood elevations have been provided in the Flood
Insurance Study or generated by a certified professional, shall satisfy the following:
1. Existing residential building. Any substantial improvement of any residential building,
including any manufactured home, shall have the lowest floor, including the basement,
elevated to or above the freeboard elevation.
2. Non - residential buildings. Any new construction or substantial improvement of any non-
residential building shall: (i) have the lowest floor, including basement, elevated to or
above the freeboard elevation; or (ii) in any Zone Al -30, AE, or AH, the building may be
flood - proofed in lieu of being elevated to or above the freeboard elevation, provided that
all areas of the building components below the freeboard elevation are water tight with
walls substantially impermeable to the passage of water, and use structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered professional engineer or architect shall certify that the standards
of this subsection are satisfied. The certification, including the specific elevation, in
relation to mean sea level, to which such structures are flood - proofed, shall be maintained
by the floodplain administration.
Drainage paths. Within Zone AH, adequate drainage paths around structures on
slopes shall be established and maintained to guide floodwaters around and away from
all proposed structures.
C. Buildings in Zone AO. Any buildings in Zone AO shall satisfy the following:
1. Existing residential building. Any substantial improvements of any residential building
shall have the lowest floor, including the basement, elevated to or above the flood depth
specified on the Flood Insurance Rate Map above the highest adjacent grade at least as
high as the flood depth number specified in feet on the Flood Insurance Rate Map. If no
flood depth number is specified, the lowest floor, including the basement, shall be
elevated no less than two (2) feet above the highest adjacent grade.
2. Non - residential buildings. All new construction and substantial improvements of non-
residential buildings shall satisfy either of the following: (i) the lowest floor, including
the basement, shall be elevated to or above the flood depth specified on the Flood
Insurance Rate Map above the highest adjacent grade at least as high as the depth
number specified in feet on the Flood Insurance Rate Map; if no flood depth number is
specified, the lowest floor, including the basement, shall be elevated at least two (2)
feet above the highest adjacent grade; or (ii) completely flood -proof the building,
including any utility and sanitary facilities, to the freeboard elevation so that any space
below that level is watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered professional engineer or
architect shall certify that the standards of this subsection are satisfied.
Drainage paths. Adequate drainage paths around structures on slopes shall be
established and maintained to guide floodwaters around and away from all proposed
structures.
D. Structures in Zones A, A]-30, AE, AH and AO; design, construction and use standards for space
below the freeboard elevation. Any fully enclosed area below the freeboard elevation (the
"enclosed area ") in any new construction or substantially improved structure in Zones A, Al -30,
AE, AH and AO, where base flood elevations have been provided, shall satisfy the following:
19
Uses. The enclosed area shall be used only for parking vehicles, building access, or the
limited storage of maintenance equipment not otherwise prohibited by section 30.3.11
that is used in connection with the premises.
2. Access. Access to the enclosed area shall be the minimum necessary to allow for
parking vehicles (garage door) or limited storage of maintenance equipment (standard
exterior door), or entry to other areas of the structure (stairway or elevator).
3. Construction materials. The enclosed area shall be constructed entirely of flood
resistant materials below the freeboard elevation.
4. Openings. The enclosed area shall include measures to automatically equalize
hydrostatic flood forces on walls by allowing floodwaters to enter and exit. To meet
this requirement, openings shall be provided that are either certified by a professional
engineer or architect, or meet the following minimum design criteria:
a. Minimum number. Provide a minimum of two (2) openings on different
sides of each enclosed area.
b. Minimum net area. The total net area of all openings shall be at least one (1)
square inch for each square foot of enclosed area subject to flooding.
C. Multiple enclosed areas. If a structure has more than one enclosed area, each
area must have openings to allow floodwaters to automatically enter and exit.
d. Bottom of opening. The bottom of all required openings shall be no higher than
one (1) foot above the adjacent grade.
e. Permitted equipment on openings. Openings may be equipped with screens,
louvers, or other opening coverings or devices, provided they permit the
automatic flow of floodwaters in both directions.
f. Flexible skirting, masonry and wood foundations; requirement for openings.
Foundation enclosures made of flexible skirting do not create enclosed areas and
do not require openings. Masonry or wood underpinning, regardless of structural
status, is considered an enclosure and requires openings.
E. Recreational vehicles. Any recreational vehicle in Zone Al -30, AE or AH where base flood
elevations have been provided shall either: (i) be stored on the lot for fewer than one hundred
eighty (180) consecutive days, be fully licensed and ready for highway use; or (ii) satisfy all
requirements for new construction in subsections (A) and (B). For the purposes of this subsection,
a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices, and has no permanently
attached additions.
F. Fences. Any fence crossing a stream channel that, as determined by the floodplain administrator,
may block the passage of floodwaters or may catch debris during a flood, shall be designed and
constructed to be a breakaway fence that will give way on one end under a specified amount of
pressure in order to swing parallel to the flow and minimize both resistance to floodwaters and
catching debris.
(§ 30.03.02 (part), 12- 10 -80, 6- 10 -87)
State law reference— Va. Code §§ 15.2 -2286, 36 -98.
Federal law reference -44 CFR §§ 60.3(a), (b), (c), (d).
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Sec. 30.3.16 Nonconforming uses and structures.
Any pre -FIRM structure or any use which lawfully existed before December 16, 1980, but which is not in
conformity with the requirements of the flood hazard overlay district, may continue, subject to the
following:
A. Expansion or enlargement of existing uses or structures. Existing uses or structures shall not be
expanded or enlarged.
B. Modification, alteration, repair, reconstruction or improvement of an existing use or structure;
not a substantial improvement. Existing uses or structures may be modified, altered, repaired,
reconstructed or improved (collectively, the "improvements "), but not enlarged or expanded,
where the improvements are not a substantial improvement, provided that the improvements: (i)
are authorized by sections 6.2 and 6.3, as applicable; and (ii) comply with the Virginia Uniform
Statewide Building Code.
C. Modification, alteration, repair, reconstruction or improvement of an existing use or structure;
substantial improvement. Existing uses or structures may be modified, altered, repaired,
reconstructed or improved (the "improvements "), where the improvements qualify as a
substantial improvement, provided that: (i) the entire use or structure complies with the
requirements of the flood hazard overlay district and all other applicable laws; and (ii) the entire
structure complies with the Virginia Uniform Statewide Building Code.
D. Repair or rehabilitation of historic structure; substantial improvement. Any historic structure
undergoing repair or rehabilitation that would constitute a substantial improvement shall comply
with any requirements of the flood hazard overlay district that do not preclude the structure's
continued designation as a historic structure. The owner shall provide documentation from the
Secretary of the Interior or the State Historic Preservation Officer that a specific requirement of
the flood hazard overlay district will cause removal of the structure from the National Register of
Historic Places or the State Inventory of Historic places, as applicable. Any relief from any
requirement shall be the minimum necessary to preserve the historic character and design of the
structure.
(§30.3.09,12-10-80)
State law reference— Va. Code §§ 15.2 -2286, 15.2 -2307.
Federal law reference -44 CFR § 60.1(d).
Sec. 30.3.17 Variances.
The board of zoning appeals is authorized to consider and act on applications for variances, subject to the
following:
A. Eligibility. Variances may be issued in the following circumstances:
New construction or substantial improvements; nearby structures constructed below the
base flood elevation. For new construction and substantial improvements to be erected on
a lot of one -half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood elevation, provided that the board of zoning
appeals may, upon good cause shown, consider a variance application pertaining to a lot
larger than one -half acre.
New construction, substantial improvement, or development; required for water -
dependent facilities. For new construction, substantial improvements, or other
development necessary for a water - dependent facility, not otherwise authorized by a
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" 6
special use permit, provided that all applicable requirements of the flood hazard overlay
district not varied are satisfied and any structure or other development is protected by
methods that minimize flood damages during the base flood and create no additional
threats to public safety.
B. What may be varied. The following may be varied within the flood hazard overlay district: (i) any
requirement of this chapter that is eligible to be varied under section 34.2 and Virginia Code §
15.2 -2309; (ii) any minimum encroachment standard in sections 30.3.13 and 30.3.14; (iii) any
minimum construction standard in section 30.3.15; or (iv) any standard applicable to
nonconforming uses and structures in 30.3.16. Neither any part of section 30.3.11 nor any
administrative or procedural requirement of the flood hazard overlay district may be varied.
C. Procedures. The procedures and requirements for applying for and acting on a variance
application shall be as provided in section 34.
D. Factors to be considered. In considering a variance application under this section, the board of
zoning appeals shall consider the following factors in addition to those in section 34.2:
Danger to life and property. 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 any regulatory floodway that will cause
any increase in the base flood elevation.
Danger of materials being swept away. The danger that materials may be swept on to
other lands or downstream to the injury of others.
3. Water supply and sewage systems. The proposed water supply and sanitary sewage
systems and the ability of these systems to prevent disease, contamination, and unsanitary
conditions.
4. Susceptibility to flood damage. The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the, individual owners.
Importance of services. The importance of the services provided by the proposed facility
to the community.
6. Need for waterfront location. The requirements of the facility for a waterfront location.
Availability of alternative locations. The availability of alternative locations not subject
to flooding for the proposed use.
Compatibility. The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
9. Comprehensive plan and flood management program. The relationship of the proposed
use to the comprehensive plan and floodplain management program for the area.
10. Vehicular access. The safety of access by emergency and non- emergency vehicles to the
site in time of flood.
11. Flood waters. The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site.
12. Historic nature of structure. The historic nature of a structure and whether the proposed
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repair or rehabilitation will preclude the structure's continued designation as a historic
structure.
E. Referral to obtain technical assistance. The board of zoning appeals may refer any application
and accompanying documentation pertaining to any request for a variance to the floodplain
administrator for technical assistance in evaluating the proposed project in relation to flood
heights and velocities, and the adequacy of the plans for flood protection and other related
matters.
F. Findings. A variance may be issued if the board of zoning appeals finds:
1. Cause. The owner has demonstrated good and sufficient cause consistent with the
requirements of this section.
2. Undue hardship. The failure to issue the variance would result in undue hardship.
3. Impacts. The issuance of the variance will not: (i) result in unacceptable or prohibited
increases in flood heights; (ii) result in additional threats to public safety; (iii) result in
extraordinary public expense; (iv) create a public or private nuisance; (v) cause fraud or
victimization of the public; and (vi) conflict with county regulations.
4. Variance is minimum required. The variance to be issued will be the minimum required
to provide relief.
Additional finding for historic structures. In addition to findings (1) through (4) above,
the proposed repair or rehabilitation of the historic structure will not preclude the
structure's continued designation as a historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.
G. Structure below base flood elevation; notice to owner of effect of issuing a variance. The board of
zoning appeals shall notify the applicant in writing that the issuance of a variance to construct a
structure below the base flood elevation increases the risks to life and property and will result in
increased premium rates for flood insurance. Providing this information on a variance application
form shall satisfy the notice requirements of this subsection.
H. Recordkeeping. A record shall be maintained of the above notification, as well as all variance
actions, including justification for the issuance of the variances. Any variances that are issued
shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.
I. Use variances. No variance may be issued to authorize a use in the flood hazard overlay district
not otherwise expressly authorized.
( §30.3.10, 12- 10 -80)
State law reference —Va. Code § 15.2 -2309.
Federal law reference -44 CFR § 60.6.
Article IV. Procedure
Sec. 32.5.2 Contents of an initial site plan.
Each initial site plan shall contain the following information:
a. General information. The name of the development; names of the owner, developer and
individual who prepared the plan; tax map and parcel number; boundary dimensions; zoning
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district; descriptions of all proffers, special use permits and conditions thereof, special exceptions
and conditions thereof, variances and conditions thereof, application plans, codes of development
and bonus factors applicable to the site; magisterial district; county and state; north point; scale;
one datum reference for elevation (section 30.3, flood hazard overlay district, applies to any
portion of the site, United States Geological Survey vertical datum shall be shown and /or
correlated to plan topography and show existing and proposed ground elevations); the source of
the topography; departing lot lines; minimum setback lines, yard and building separation
requirements; the source of the survey; sheet number and total number of sheets; and the names
of the owners, zoning district, tax map and parcel numbers and present uses of abutting parcels.
b. Information regarding the proposed use. Written schedules or data as necessary to demonstrate
that the site can accommodate the proposed uses, including proposed uses and maximum acreage
occupied by each use; maximum number of dwelling units by type including the number of
bedrooms for multi - family dwellings; gross residential density; square footage of recreational
areas; the percentage and acreage of open space; maximum square footage for commercial and
industrial uses; maximum floor area ratio and lot coverage for industrial use; maximum height of
all structures; schedule of parking including the maximum amount required and the amount
provided; the maximum amount of impervious cover on the site; and if a landscape plan is
required, the maximum amount of paved parking and other vehicular circulation areas.
C. Phase lines. If phasing is planned, phase lines and the proposed timing of development.
d. Topography and proposed grading. Existing topography (up to twenty [20] percent slope,
maximum five [5] foot contours, over twenty [20] percent slope, maximum ten [10] foot
contours) for the entire site with sufficient offsite topography to describe prominent and pertinent
offsite features and physical characteristics, but in no case less than fifty (50) feet outside of the
site unless otherwise approved by the agent; proposed grading (maximum five [5] foot contours)
supplemented where necessary by spot elevations; areas of the site where existing slopes are
critical slopes.
e. Landscape features. The existing landscape features as described in section 32.7.9.4(c).
£ Watercourses and other bodies of water. The name and location of all watercourses and other
bodies of water adjacent to or on the site; indicate whether the site is located within the watershed
of a public water supply reservoir.
g. Onsite sewage system setback lines. The location of onsite sewage system setback lines from
watercourses including intermittent streams and other bodies of water.
h. Floodplain and related information. The boundaries of the flood hazard overlay district, the base
flood elevation on the site, the elevation of the lowest floor, including any basement, and for any
structures to be flood - proofed as required by section 30.3, the elevation to which the structures
will be flood - proofed.
i. Streets, easements and travelways. The existing and proposed streets, including proposed bike
lanes, access easements, alley easements and rights -of -way, and travelways, together with street
names, state route numbers, right -of -way lines and widths, centerline radii and pavement widths.
Existing sewer and drainage facilities. The location and size of existing water and sewer facilities
and easements, the storm drainage system, drainage channels, and drainage easements.
k. Proposed sewer and drainage facilities. The proposed conceptual layout for water and sewer
facilities and the storm drainage system, indicating the direction of flow in all pipes and
watercourses with arrows.
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Existing and proposed utilities. The location of other existing and proposed utilities and utility
easements, including existing telephone, cable, electric and gas easements.
m. Ingress and egress. The location of existing and proposed ingress to and egress from the property,
showing the distance to the centerline of the nearest existing street intersection.
n. Existing and proposed improvements. The location and dimensions of all existing and proposed
improvements including buildings (maximum footprint and height) and other structures;
walkways; fences; walls; trash containers; outdoor lighting; landscaped areas and open space;
recreational areas and facilities; parking lots and other paved areas; loading and service areas;
signs; and the proposed paving material types for all walks, parking lots and driveways.
o. Areas to be dedicated or reserved. All areas intended to be dedicated or reserved for public use
under sections 32.7.1.1, 32.7.1.2 and 32.7.1.3, and shall include a note on the plan stating that the
land is to be dedicated or reserved for public use.
P. Landscape plan. A landscape plan that complies with section 32.7.9, if it is required to be
submitted with the initial site plan.
q. Traffic generation figures. If deemed appropriate by the agent due to the intensity of the
development, estimated traffic generation figures for the site based on current Virginia
Department of Transportation rates; indicate the estimated number of vehicles per day and the
direction of travel for all connections from the site to a public street.
Symbols and abbreviations. A legend showing all symbols and abbreviations used on the plan.
S. Additional information. The agent may require additional information to be shown on the initial
site plan as deemed necessary to provide sufficient information for the agent and the site review
committee to adequately review the plan.
t. Dam break inundation zones. The limits of a dam break inundation zone.
(§ 32.5.2, Ord. 12-18(6),10-3-12, effective 1 -1 -13; Ord. 13-18(7),12-4-13, effective 1 -1 -14 (§ 32.5.6, 5-
1-87, 2 -6 -02 (§ 32.4.5, 12- 10 -80))
State law reference — Va. Code §§ 15.2- 2241(1), 15.2 -2258, 15.2- 2286(A)(8).
Federal law reference -44 CFR § 60.3(b)(3).
Sec. 32.5.7 Flood hazard overlay district.
If the proposed development is located wholly or partially within the flood hazard overlay district, the site
review committee shall review the initial site plan to determine that the site will be reasonably safe from
flooding and, if the development is in a flood -prone area: (i) that it is designed to minimize flood damage
within a flood -prone area; (ii) all public utilities and facilities, such as sewer, gas, electrical, and water
systems will be located and constructed to minimize or eliminate flood damage; and (iii) adequate
drainage will be provided to reduce exposure to flood hazards.
State law reference — Va. Code § 15.2- 2241(3), 15.2 -2280.
Federal law reference -44 CFR § 60.3(a)(4).
Sec. 35.1 Fees.
Each applicant shall pay the following applicable fees, provided that neither the county nor the county
school board shall be required to pay any fee if it is the applicant:
25
g. Matters considered by the zoning administrator or other officials:
1. Official determinations regarding compliance: $185.00
2. All other official determinations, including development rights: $100.00
3. Zoning clearance for tourist lodging: $100.00
4. Zoning clearance for a home occupation, class A, a major home occupation, or a minor
home occupation: $25.00
5. Zoning clearance for temporary fundraising activity: No fee
6. All other zoning clearances: $50.00
7. Sign permits under section 4.15.4; no ARB review required: $25.00
8. Sign permits under section 4.15.4; ARB review required: $120.00
9. Letter of Map Change review: $150.00 (topographic plan only); $300.00 (topographic
plan with floodplain model)
10. Floodplain Impact Plan review: $300.00
(Amended 5- 5 -82; 9 -1 -85; 7 -1 -87; 6 -7 -89; 12 -11 -91 to be effective 4 -1 -92; 7- 8 -92; Ord. 10- 18(7),
adopted 8 -4 -10, effective 1 -1 -11; Ord. 11- 18(l), 1- 12 -11; Ord. 11- 18(7), 6 -1 -11; Ord. 12- 18(6), 10 -3 -12,
effective 1 -1 -13; Ord. 12-18(7),12-5-12, effective 4 -1 -13; Ord. 13- 18(7), 12 -4 -13, effective 1 -1 -14)
State law reference —Va. Code §§ 15.2- 2286(A)(6), 15.2-2241(9),15.2-2243. 1.
Article V. Violation and Penalty
Sec. 36.1 Violations.
The following are violations of this chapter and are declared to be unlawful:
a. Uses. Any use of a structure, improvement or land, established, conducted, operated or
maintained in violation of any provision of this chapter, any approved application plan, site plan,
code of development, zoning clearance, or condition accepted or imposed in conjunction with any
county approval under this chapter, or without any required permit, certificate or other required
approval under this chapter.
b. Structures or improvements. Any structure or improvement and, within the flood hazard overlay
district, any development as that term is defined in section 30.3.5, that is established, conducted,
operated or maintained in violation of any provision of this chapter, any approved application
plan, site plan, code of development, zoning permit, zoning clearance, or condition accepted or
imposed in conjunction with any county approval under this chapter, or without any required
permit, certificate or other required approval under this chapter.
C. Structures without building permits. Any structure for which a building permit application is
required that is started, established, constructed, reconstructed, enlarged or altered without a
building permit.
d. Use of structure or site without certificate of occupancy. Any use of a structure or site for which
a certificate of occupancy is required that is conducted, operated or maintained without a
certificate of occupancy.
(§ 36.1, 12- 10 -80, 12- 20 -80; Subsection c: § 31.2.1, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01; subsection d: §
31.2.3.1, 12- 10 -80, 6 -2 -82, 9 -9 -92; Ord. 01- 18(6), 10 -3 -01; Ord. 09- 18(3), 7 -1 -09)
State law reference — Va. Code § 15.2 -2286.
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�')
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to
zero, as recorded below, at a regular meeting held on March 5, 2014.
�o,
Clerk, Board f ounty Supervisors
27
Aye Nay
Mr. Boyd
Y
Ms. Dittmar
Y _
Ms. Mallek
Y
Ms. McKeel
Y_
Ms. Palmer
Y_
Mr. Sheffield
Y
�o,
Clerk, Board f ounty Supervisors
27