Sec. 45-3112. - Definitions, for the purpose of Part 2, herein.
Sec. 45-3113. - Creation of flood hazard district.
Sec. 45-3114. - Permit required.
Sec. 45-3115. - Relationship of city approval to National Flood Insurance Act of 1968, as amended.
Sec. 45-3117. - Uses permitted—General restrictions.
Sec. 45-3118. - Same—Special restrictions for riverine floodplain area.
Sec. 45-3119. - Same—Floodway.
Sec. 45-3120. - Coastal high hazard area (CHHA).
Sec. 45-3122. - Special exception uses permitted in regular zoning district.
Sec. 45-3123. - Special regulations for land development.
Sec. 45-3124. - Annual report to administrator.
The purpose of these provisions is to 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 by:
(1)
Regulating 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.
(2)
Restricting or prohibiting certain uses, activities, and development from locating within district subject to flooding.
(3)
Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage.
(4)
Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
(5)
No land shall hereafter 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 this chapter and other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.
(6)
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. 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. This chapter does not imply that districts outside the floodplain district, or that land uses permitted within such district will be free from flooding or flood damages.
(Ord. No. 5028-97, § 1)
Sec. 45-3112. - Definitions, for the purpose of Part 2, herein.
(a)
Administrator: the federal insurance administrator responsible for the administration of the National Flood Insurance Program (34 F.R. 2600-81, February 27, 1969).
(b)
Base flood/one-hundred year flood: A flood that, on the average, is likely to occur once every one hundred (100) years (i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in any year).
(c)
Board of zoning appeals: The board appointed to review appeals, variances and special exceptions made by individuals with regard to decisions of the zoning administrator in the interpretation of this chapter.
(d)
Channel: A natural or artificial watercourse with a definite bed and banks to confine and conduct continuously or periodically flowing water.
(e)
Coastal high hazard area: The portion of a coastal floodplain having special flood hazards that is subject to high velocity waters, including hurricane wave wash.
(f)
Development: Any manmade 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.
(g)
Flood means:
(1)
A general and temporary condition of partial or complete inundation of normally dry land areas from:
a.
The overflow of inland or tidal waters.
b.
The unusual and rapid accumulation or runoff of surface waters from any source.
c.
Mudslides (i.e. mudflows) which are proximately causes by flooding as defined in subsection (1)b. of this definition and are akin to a river of liquid and flowing 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.
(2)
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 as defined in subsection (1)a. of this definition.
(h)
Flood boundary and floodway map (FBFM): An official map of a community issued by the administrator, where the boundaries of the flood, mudslide, and related erosion areas have been designated and the floodway, floodway fringe, approximated floodplain and coastal high hazard areas have been delineated.
(i)
Flood hazard district: A district established by the Zoning Ordinance for the City of Newport News and in which the restrictions and conditions of these regulations apply.
(j)
Flood insurance rate map (FIRM): An official map of a community on which the administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.
(k)
Floodplain:
(1)
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation;
(2)
An area subject to the unusual and rapid accumulation of runoff of surface water from any source.
(l)
Flood-prone area: Any land area susceptible to being inundated by water from any source.
(m)
Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structure and contents of buildings to include the provisions of the Virginia Uniform Statewide Building Code as amended.
(n)
Floodway: The designated area of the floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one hundred-year magnitude.
(o)
Historic structure: Any structure that is:
(1)
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;
(2)
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; or
(3)
Individually listed on a state inventory of historic places which has been approved by the Secretary of the Interior.
(p)
Intermediate regional flood means a flood which is caused by rainfall runoff and is not primarily affected by tidal action.
(q)
Intermediate regional tidal flood means a flood which is caused by tidal action and is not primarily affected by rainfall runoff.
(r)
Manufactured home: A structure subject to federal regulations which is transportable in one (1) or more sections, which is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode or is three hundred twenty (320) or more square feet when erected on-site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation when connected to the required facilities; and includes plumbing, heating, air conditioning, and electrical systems contained in the structure.
(s)
New construction: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
(t)
Recreational vehicle: A vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred (400) square feet or less when measured at the largest horizontal projection;
(3)
Designed to be self propelled or permanently towable by a light duty truck; and
(4)
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.
(u)
Start of construction: The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement within one hundred eighty (180) days of the permit date. The 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 stag of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings piers, or foundations of the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds nor occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.
(v)
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.
(w)
Substantial improvement: Any reconstruction rehabilitation, addition, or 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. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) any alteration of a "historic structure", provided that the alteration will not preclude the structures continued designation as a "historic structure".
(x)
Trailer park (mobile home park): An area designed, constructed, equipped, operated and maintained for the purpose of providing spaces for trailers or mobile homes intended to be used as temporary or permanent living facilities.
(Ord. No. 5028-97, § 1)
Sec. 45-3113. - Creation of flood hazard district.
(a)
For the purposes enumerated in Article I of this chapter and in section 45-3122 of these regulations, the special district to be known as the FH-flood hazard district is hereby established.
(b)
The boundary of the FH-flood hazard district thus established shall conform to the floodplain areas having special flood hazards as designated by the federal insurance administrator and in the city's flood insurance study dated November 1976, August 16, 1982, and any subsequent revision thereto. Any changes in the floodplain area as delineated in the flood insurance study shall be subject to the review and approval of the administrator.
(c)
The flood insurance study, together with surface elevation data for the one hundred-year flood, floodway data, and other pertinent flood hazard information issued by the federal insurance administrator, is hereby made a part of this article by reference. The above maps and other information provided by the administrator shall in part or in whole:
(1)
Identify the floodplain area having special flood hazards.
(2)
Provide water surface elevations for the one hundred-year flood.
(3)
Identify the coastal high hazard area.
(4)
Identify the riverine floodway areas.
(d)
Upon identification by the administrator of the floodplain areas having special flood hazards but where water surface elevation data for the one hundred-year flood and data sufficient to identify the floodway have not been delineated, the definitions of section 45-3114 are in effect.
(Ord. No. 5028-97, § 1)
Sec. 45-3114. - Permit required.
(a)
Within any flood hazard district, the property owner, hereby defined as the individual, entity or corporation having fee simple title or rights of construction to a property, shall obtain a permit for all proposed development prior to the initiation of work.
Agricultural, outdoor recreational activities, and water related activities as listed in section 45-3117 are exempt from the special permit requirements of this article unless they are proposed within the floodway (See section 45-3116).
(b)
It shall be the responsibility of the property owner to provide to the city, through the director of codes compliance, or his/her designee, all information, such as construction plans, elevations, boundaries, locations, engineering data and computations, as may be necessary to determine compliance with these regulations. This information shall be prepared and certified to by an architect, certified land surveyor or professional engineer.
(c)
The director of codes compliance, or his/her designee, shall review the proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 233 U.S.C. 1334.
(Ord. No. 5028-97, § 1; Ord. No. 6577-09)
Sec. 45-3115. - Relationship of city approval to National Flood Insurance Act of 1968, as amended.
(a)
The city shall maintain for public inspection and furnish upon request, with respect to each area having special flood hazards, information on elevations (in relation to mean sea level) of the lowest floors, including basements, of all new or substantially improved structures and, where there is a basement, the distance between the first floor and the bottom of the lowest opening where water flowing on the ground will enter. For structures which have been flood-proofed (nonresidential only), the elevation to which the structure has been floodproofed shall be maintained. For all structures within the coastal high hazard area, the elevation of the bottom of the lowest structural member of the lowest floor excluding pilings or columns shall also be recorded and maintained. All such information shall be filed in the department of codes compliance.
(b)
In approving new construction and improvements, the city assumes no obligation to act on behalf of the property owner in obtaining approval for flood insurance under the terms of the Flood Insurance Act of 1968, as amended (42 U.S.C. 4001-4127). Nor does the city assume responsibility for errors or omissions in submitted material which may affect the flood insurance rates for an individual's property.
(Ord. No. 5028-97, § 1)
(a)
Upon identification by the federal insurance administration of the floodplain areas having special flood hazards, but without establishment of surface elevation data for the one hundred-year flood and data sufficient to identify the floodway, the following are established as the one hundred-year flood elevations and floodway:
(1)
Within tidal floodplain areas the intermediate regional tidal flood, or where this flood is not provided, an elevation of eight and five-tenths (8.5) feet is established as the one hundred-year flood elevation.
(2)
Within a designated riverine floodplain area having special flood hazards, the elevations of the one hundred-year flood and the floodway area shall be based upon the intermediate regional flood if available. If the intermediate regional flood is not available, the director of codes compliance shall establish the one hundred-year flood elevation and the floodway.
(b)
Upon receipt from the administrator of water surface elevations for the one hundred-year flood within any portion of a riverine or tidal floodplain area, the above elevation determinations are void for the portion received; and those elevations established by the administrator are applicable.
(c)
Upon receipt of any portion of floodway data from the administrator, the above floodway determinations within any portion of a riverine floodplain area are void for that portion received. Based upon the data from the administrator, the director of codes compliance shall designate the floodway for passage for the one hundred-year flood. These floodways as amended shall be published on maps with sufficient information to permit reasonable location.
(Ord. No. 5028-97, § 1)
Sec. 45-3117. - Uses permitted—General restrictions.
Any use normally permitted in the regular zoning district shall be permitted in a flood hazard district with the following restrictions:
(1)
No construction on or improvement of land within a flood hazard district except for nonstructural agricultural and outdoor recreational purposes and certain water related structures as provided in subsection (7) below may be initiated until a permit shall have been obtained as provided in section 45-3114
(2)
No construction or improvement within the flood hazard district shall obstruct any channel whether or not such channel lies within a designated floodway.
(3)
All new construction or substantial improvement of residential structures shall have the lowest floor level (including basements) elevated a minimum of one (1) foot above the level of the one hundred-year flood and adequately anchored to prevent flotation, collapse or lateral movement of the structure. The elevation of the lowest floor level shall be certified by a licensed land surveyor or professional engineer, and filed in the department of codes compliance.
a.
Manufactured homes, whether residential or nonresidential, to be located within the floodplain or the flood hazard district of the City of Newport News shall be placed in accordance with the building code adopted in Chapter 13 of the City Code.
b.
An evacuation plan indicating alternate vehicular access and escape routes shall be filed by the owner with the civil defense director for manufactured home subdivisions located within the floodplain or flood hazard district.
(4)
All new construction and substantial improvements of nonresidential structures shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the base flood level or together with attendant utility and sanitary facilities be designed so that below the base flood level the structure 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. New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement.
(5)
When floodproofing is utilized in conformance with this section, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of subsection (4) above. Such certificate along with the specific elevation to which such structures are floodproofed shall be filed and retained by the department of codes compliance, and are required prior to issuance of any permit for construction.
When floodproofing is not utilized, the elevation of the lowest floor level shall be certified by a licensed land surveyor or professional engineer and filed in the department of codes and compliance.
(6)
Sites for the storage or processing of bases, chemicals or other materials that are buoyant, flammable or explosive shall be elevated to a level no less than two (2) feet above the level of the one hundred-year flood and securely anchored; provided, however that buried fuel tanks, when adequately anchored to prevent flotation when empty and sealed to prevent entry of flood water or discharge of fuel therefrom, may be at the elevation of the one hundred-year flood.
(7)
The following activities may occur below the level of the one hundred-year flood:
a.
Nonstructural agricultural activities providing that any storage or stockpiling of manure shall be elevated to a level no less than two (2) feet above the level of the one hundred-year flood.
b.
Outdoor recreational uses including park areas, golf courses, tennis courts, basketball courts, and swimming pools.
c.
Water related structures such as docks, piers and wharves.
d.
Access roads and parking areas for the above.
(8)
Adequate drainage shall be provided to reduce exposure to flood hazards.
(Ord. No. 5028-97, § 1; Ord. No. 5644-01)
Sec. 45-3118. - Same—Special restrictions for riverine floodplain area.
(a)
In riverine situations, all adjacent communities and the state coordinating office shall be notified prior to any relocation or alteration of a watercourse; copies of such notifications shall be submitted to the federal insurance administrator.
(b)
The director of engineering shall assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
(Ord. No. 5028-97, § 1)
Sec. 45-3119. - Same—Floodway.
In addition to the general restrictions in section 45-3117 and the special restrictions in section 45-3118, the following special restrictions shall apply to construction or improvements to land within the floodway:
(1)
Existing nonconforming uses within the floodway may not be expanded; however, they may be repaired, altered or modified to incorporate floodproofing measures provided such measures do not raise the level of the one hundred-year flood.
(2)
No use, change, fill or other encroachment within the designated floodway can be initiated or accomplished without obtaining a permit as provided in section 45-3114. There shall be no exceptions to this permit requirement in the floodway.
(3)
In no case shall a permit be issued for work which would impair the ability of the floodway to pass the one hundred-year flood except where the effect upon elevations is fully offset by floodway improvements.
Such proposals shall be submitted to the director of engineering along with plans, data and computations necessary to fully evaluate the effect of the proposal.
(4)
No manufactured home may be placed within a floodway except in an existing manufactured home subdivision.
(Ord. No. 5028-97, § 1)
Sec. 45-3120. - Coastal high hazard area (CHHA).
In addition to the general restrictions in section 45-3117, the following special restrictions apply to land within the coastal high hazard area:
(1)
Existing structures located on land below the elevation of the one hundred-year flood in the CHHA shall not be expanded.
(2)
No land below the level of the one hundred-year flood in a CHHA may be developed unless the structure or substantial improvements:
a.
Is located landward of the reach of the mean high tide.
b.
Is constructed in accordance with the building code adopted in Chapter 13 of the City Code.
(3)
No fill shall be used for structural support in the CHHA.
(4)
No manufactured home shall be placed within the CHHA except in existing manufactured home subdivisions.
(5)
No manmade alteration of sand dunes or mangrove stands within the CHHA will be permitted which will increase potential flood damage.
(Ord. No. 5028-97, § 1)
All new or replacement water and/or sanitary sewage systems and all other new or replacement utilities or facilities shall be designed to minimize or eliminate infiltration of flood waters into the systems. On-site sanitary waste systems, including septic tank systems, shall be a minimum of one (1) foot above the level of the one hundred-year flood.
(Ord. No. 5028-97, § 1; Ord. No. 5644-01)
Sec. 45-3122. - Special exception uses permitted in regular zoning district.
(a)
Special exception uses permitted in the regular zoning district may be authorized in the flood hazard district; provided that applicable restrictions of this article are observed, and provided that the plans as required for the issuance of a building permit shall be submitted to the director of engineering for review and recommendation prior to public hearing by the board of zoning appeals.
(b)
Any application for special exception requested in the flood hazard district along with the required plans shall be referred to the zoning administrator and the director of engineering not less than thirty (30) days prior to the date of public hearing.
(Ord. No. 5028-97, § 1)
Sec. 45-3123. - Special regulations for land development.
(a)
For the purposes of this article the term "land development" shall include any subdivision of land as defined in the Subdivision Ordinance of Newport News, Virginia, as amended and any planned residential development, mobile home park, condominium, townhouse or apartment project, commercial or industrial project, and any community facility, whether publicly or privately owned, including but not limited to churches, schools, colleges, fire stations and libraries.
(b)
In addition to the general and special restrictions of this article, the following special requirements pertain to a land development, whether new construction or improvement, when such development is in part or in whole within a flood hazard district:
(1)
All drawings and plans including record plats shall show thereon boundaries and locations of designated floodplains having special flood hazards, floodway, coastal high hazard areas and elevations of the one hundred-year flood.
(2)
Each parcel or lot established for purposes of sale and/or construction thereon within the land development must be capable of permitting new construction meeting the requirements of the provisions of this chapter.
(3)
Utility systems such as water, sewer, gas and electrical systems shall be located and constructed to minimize or eliminate flood damage and infiltration of flood waters into the systems and discharges from such systems into flood waters. In the case of sanitary sewer facilities, manhole tops, pumping stations or other appurtenances shall be elevated a minimum of one (1) foot above the level of the one hundred-year flood so as to eliminate entrance of flood water into the system.
(4)
The street system serving the proposed development shall be reviewed to determine if the proposed development will be isolated by inundation of flood waters. Where isolation can be reasonably anticipated, additional routes of access free of potential blockage may be required prior to approval.
(5)
It shall be the responsibility of the developer to provide such plans, data and computations, certified by a registered professional engineer, to demonstrate compliance with the chapter (this part) to the satisfaction of the director of engineering.
(Ord. No. 5028-97, § 1; Ord. No. 5644-01)
Sec. 45-3124. - Annual report to administrator.
The city manager, or his designated representative, is hereby designated as the official respon sible to submit an annual report to the administrator on the progress made during the past year in the development and implementation of floodplain and/or mudslide area management measures.
(Ord. No. 5028-97, § 1)
No variances to the provisions of Part 2, Floodplain Development Regulations, shall be considered by the board of zoning appeals.
(Ord. No. 5028-97, § 1)