Town of Troutville Zoning Code
[HISTORY: Adopted by the Town Council of the Town of Troutville 11-10-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Automobile graveyards — See Ch. 17.
Erosion and sediment control — See Ch. 42.
Subdivision of land — See Ch. 190.
§ 240-1. Division of Town into districts.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). For the purpose of this chapter, the incorporated areas of the Town of Troutville, Virginia, are hereby divided into seven districts as follows:
Agricultural | A-1 |
Residential | R-1 |
Residential | R-2 |
Residential | R-3 |
Business (Local) | B-1 |
Business (General) | B-2 |
Industrial | M-1 |
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The location and boundaries of these districts are shown on the Zoning Map of the Town of Troutville, Virginia. The Zoning Map is on file at the office of the Town Clerk.
Article II. Agricultural District A-1
A. In Agricultural District A-1, structures to be erected or land to be used shall be for one or more of the following uses:
(1) Single-family dwellings.
(2) Agriculture.
(3) General farming.
(4) Schools.
(5) Parks and playgrounds.
(6) Churches.
(7) Residential facilities as defined and regulated by § 15.2-2291, Code of Virginia. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(8) Preserves and conservation areas.
(9) Lodges.
(10) Cemeteries.
(11) Home occupations as defined, conducted by occupant.
(12) Public utility generating, boosting or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water and sewerage installations.
(13) Off-street parking as required by this chapter.
(14) Accessory uses as defined; however, garages or other accessory structures, such as carports, porches, and stoops, attached to the main building shall be considered part of the main building. No accessory building may be closer than one foot to any property line.
(15) Church bulletin boards and identification signs. (Refer to Subsection E of the definition of "sign" in § 240-58.)
(16) Directional signs. (Refer to Subsection D of the definition of "sign" in § 240-58.)
(17) Home occupation signs. (Refer to Subsection B of the definition of "sign" in § 240-58.)
The minimum lot area for permitted uses shall be one acre or more.
Structures shall be located 50 feet or more from any street right-of-way which is 50 feet or greater in width or 100 feet or more from the center line of any street right-of-way less than 50 feet in width, except that signs advertising sale or rent of the premises may be erected up to the property line. This shall be known as the "setback line."
§ 240-6. Frontage regulations.
The minimum frontage for permitted uses shall be 150 feet at the setback line.
A. Side. The minimum side yard for each main structure shall be 25 feet and the total width of the two required side yards shall be 50 feet or more.
B. Rear. Each main structure shall have a rear yard of 50 feet or more.
Buildings may be erected up to 35 feet in height, except that:
A. The height limit for dwellings may be increased up to 45 feet and up to three stories, provided that there are two side yards for each permitted use, each of which is 15 feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet.
B. A public or semipublic building such as a school, church, library, or general hospital may be erected to a height of 60 feet from grade, provided that front, side and rear yards shall be increased one foot for each foot in height over 35 feet.
C. Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
D. No accessory building which is within 10 feet of any party lot line shall be more than one story high. All accessory buildings shall be less than the main building in height.
§ 240-9. Special provisions for corner lots.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. The minimum side yard on the side facing the side street shall be 35 feet or more for both the main and accessory building.
B. For subdivisions platted after the enactment of this chapter, each corner lot shall have a minimum width at the setback line of 150 feet or more.
Article III. Residential District R-1
A. In Residential District R-1, structures to be erected or land to be used shall be for one or more of the following uses:
(1) Single-family dwellings.
(2) Schools.
(3) Churches.
(4) Parks and playgrounds.
(5) Off-street parking as required by this chapter.
(6) Accessory buildings as defined; however, garages or other accessory buildings, such as carports, porches and stoops, attached to the main building shall be considered part of the main building. No accessory building may be closer than one foot to any property line.
(7) Public utilities such as poles, lines, distribution transformers, pipes, meters, and other facilities necessary for the provision and maintenance of public utilities, including water and sewage facilities.
(8) Temporary signs only to advertise the sale or rent of the premises upon which erected. (Refer to the definition of "sign, temporary" in § 240-58.)
(9) Church bulletin boards and identification signs. (Refer to Subsection E of the definition of "sign" in § 240-58.)
(10) Directional signs. (Refer to Subsection D of the definition of "sign" in § 240-58.)
(11) Home occupation. An occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display and no one is employed other than members of the family residing on the premises, such as the rental of rooms to tourists, the preparation of food products for sale, and similar activities, and professional offices such as medical, dental, legal, engineering, and architectural offices conducted within a dwelling by the occupant. Permission shall be by use of a conditional use permit. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(12) Manufactured homes are prohibited, except that Class B manufactured homes may be permitted upon issuance of a conditional use permit by the Town Council for temporary use for the period of reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or act of God or used temporarily as housing relief by victims of a federally declared disaster.
B. Prohibited uses. Manufactured homes, manufactured home parks, junkyards, automobile graveyards, and wrecked or inoperable vehicle storage areas are prohibited. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Lots served by both water and sewer systems shall have a minimum area of 15,000 square feet. All others shall have the minimum area of 20,000 square feet subject to the approval of the Health Department.
§ 240-12. Setback regulations.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Structures shall be located 35 feet or more from any street right-of-way which is 50 feet or greater in width or 60 feet or more from the center line of any street right-of-way less than 50 feet in width. This shall be known as the "setback line."
§ 240-13. Frontage regulations.
The minimum lot width at the setback line shall be 75 feet or more.
A. Side. The minimum side yard for each main structure shall be 10 feet or more and the total width of the two required side yards shall be 25 feet or more.
B. Rear. Each main structure shall have a rear yard of 25 feet or more.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Buildings may be erected up to 35 feet in height, except that:
A. The height limit for dwellings may be increased up to 45 feet and up to three stories, provided that there are two side yards for each permitted use, each of which is 15 feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet.
B. A public or semipublic building such as a school, church, library, or general hospital may be erected to a height of 60 feet from grade, provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.
C. Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
D. No accessory building which is within 10 feet of any party lot line shall be more than one story. All accessory buildings shall be less than the main building in height.
§ 240-16. Special provisions for corner lots.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. The side yard on the side facing the side street shall be 20 feet or more for both the main and accessory building.
B. For subdivisions platted after the enactment of this chapter, each corner lot shall have a minimum width at the setback line of 100 feet or more.
Article IV. Residential District R-2
A. Uses in the R-2 District must meet the requirements of the R-1 District. In addition, two-family dwellings are permitted in the R-2 District. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. Manufactured homes may be allowed upon issuance of a conditional use permit by the Town Council.
Article V. Residential District R-3
A. In Residential District R-3, any building to be erected or land to be used shall be for one or more of the following uses:
(1) Single-family dwellings.
(2) Multiple-family dwellings and townhouses.
(3) Rooming houses and boardinghouses.
(4) Tourist homes.
(5) Accessory buildings permitted as defined; however, garages or other accessory structures attached to the main building shall be considered part of the main building. No accessory building may be closer than five feet to any property line.
(6) Public utilities such as poles, lines, distribution transformers, pipes, meters and other facilities necessary for provision and/or maintenance of public utilities, including water and sewage facilities.
B. Prohibited uses. Junkyards, automobile graveyards, and wrecked or inoperable vehicle storage areas are prohibited. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. For residential lots served by both public water and sewage disposal, the minimum lot area shall be as follows:
(1) Multiple-family dwellings may be built to maximum density of 12 units per acre.
(2) Townhouse dwellings may be built to maximum density of eight units per acre.
B. For residential lots served by either a public water or sewer system, the minimum lot area shall be as follows: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(1) Multiple-family and townhouse density shall be 1/2 of the density listed in Subsection A(1) and (2) above, except that the Zoning Administrator and Health Official may alter the densities (either increase or decrease) depending on soil and site conditions. Densities allowed shall not exceed those stated in Subsection A(1) and (2) above.
§ 240-20. Setback regulations.
Buildings shall be located 35 feet or more from any street right-of-way which is 50 feet or greater in width or 60 feet or more from the center line of any street right-of-way less than 50 feet in width. This shall be known as the "setback line."
§ 240-21. Frontage regulations.
For residential lots served by public water and sewage disposal systems, the minimum lot width at the setback line shall be 80 feet or more, and for each additional dwelling unit there shall be at least 10 feet additional lot width at the setback line.
A. Side. The minimum side yard shall be 10 feet and the total width of the required side yards shall be 25 feet or more.
B. Rear. Each main building shall have a rear yard of 25 feet or more.
Buildings may be erected up to 35 feet in height from grade, except that:
A. The height limit for multiple-family dwellings may be increased up to 10 feet and up to a maximum of three stories, provided that there are two side yards, each of which is 15 feet or more, plus one foot or more for each additional foot of building height over 35 feet.
B. No accessory building shall be within five feet of any party lot line. All accessory buildings shall be less than the main building in height.
§ 240-24. Special provisions for corner lots.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. The side yard on the side facing the side street shall be 20 feet or more for both main and accessory buildings.
B. For residential corner lots served by both public water and sewage disposal, the minimum width at the setback line shall be 95 feet and 10 feet for each additional unit.
Article VI. Business District B-1
A. In Business District B-1, structures to be erected or land to be used shall be for one or more of the following uses:
(1) Grocery stores.
(2) Bake shops.
(3) Restaurants.
[Added 6-20-2007]
(4) Drugstores.
(5) Pickup laundry and dry-cleaning stations.
(6) Coin-operated laundries.
(7) Barbershops and beauty shops.
(8) Gift shops.
(9) Clothing shops.
(10) Appliance stores.
(11) Manufactured homes and manufactured home parks are prohibited except upon issuance of a conditional use permit by the Town Council. (Refer to § 240-51.)
(12) Off-street parking as required by this chapter.
(13) Public utilities such as poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water.
(14) Business signs. (Refer to Subsection A in the definition of "sign" in § 240-58.) Editor's Note: Original § 4-1-14, Church bulletin boards and identification signs, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(15) Directional signs. (Refer to Subsection D in the definition of "sign" in § 240-58.) Editor's Note: Original § 4-1-16, Home occupation signs, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(16) Office buildings (banks and medical and professional offices).
Where a water system is used requiring individual sewage disposal, the minimum lot area shall be determined and approved by the Health Department. For permitted uses utilizing individual water supply or sewage disposal systems, the required areas for any such use shall be determined and approved by the Health Department.
§ 240-27. Setback regulations.
Structures shall be located five feet or more from any street right-of-way. Signs advertising sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."
§ 240-28. Yard and parking regulations.
For permitted uses the minimum side yard adjoining or adjacent to a residential or agricultural district shall be five feet or more, and off-street parking shall be in accordance with the provisions contained herein.
Structures may be erected up to 35 feet in height from grade, except that:
A. The height limit for buildings and structures may be increased up to 45 feet and up to three stories, provided that there are two side yards for each permitted use, each of which is 10 feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. No accessory building which is within two feet of any party lot line shall be more than one story high. All accessory buildings shall be less than the main building in height.
Article VII. Business District B-2
A. In Business District B-2, structures to be erected or land to be used shall be for one or more of the following uses:
(1) Retail food stores.
(2) Bakeries.
(3) Dry cleaners.
(4) Laundries.
(5) Wearing apparel stores.
(6) Drugstores.
(7) Barbershops and beauty shops.
(8) Auto and home appliance services.
(9) Theaters and assembly halls.
(10) Hotels and motels.
(11) Office buildings (banks and medical and professional offices).
(12) Churches.
(13) Libraries.
(14) Hospitals, general.
(15) Funeral homes.
(16) Service stations (with major mechanical repairs enclosed).
(17) Clubs and lodges.
(18) Auto sales and service and mechanical repairs.
(19) Lumber and building supply (with storage under cover).
(20) Hardware, plumbing and electrical supply (with storage under cover).
(21) Wholesale and processing not objectionable because of dust, noise or odors with a conditional use permit. (Refer to § 240-51.)
(22) Manufactured homes and manufactured home parks are prohibited except upon issuance of a conditional use permit by the Town Council. (Refer to § 240-51.)
(23) Machinery sales and service and mechanical repairs.
(24) Public utilities.
(25) Off-street parking as required by this chapter.
(26) Public billiard parlors and pool rooms, bowling alleys, dance halls, and similar forms or public amusement only after a public hearing shall have been held by the governing body on an application submitted to the body for such use. The governing body may request that the Commission submit a recommendation to it concerning such use applications. In approving any such application the governing body may establish such special requirements and regulations for the protection of adjacent property, set the hours of operation, and make requirements as it may deem necessary in the public interest.
(27) Business signs. (Refer to Subsection A in the definition of "sign" in § 240-58.)
(28) Location signs. (Refer to Subsection C in the definition of "sign" in § 240-58.)
(29) All uses permitted under § 240-25 of Article VI, Business District B-1, of this chapter shall be allowed in Business District B-2.
[Added 6-20-2007]
Where a water system is used requiring individual sewage disposal the minimum lot area shall be determined and approved by the Health Department. For permitted uses utilizing individual water supply or sewage disposal systems, the required area for any such use shall be determined and approved by the Health Department.
§ 240-32. Setback regulations.
Buildings shall be located five feet or more from any street right-of-way. Signs advertising sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."
§ 240-33. Yard and parking regulations.
For permitted uses, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be 10 feet, and off-street parking shall be in accordance with the provisions contained herein.
Buildings may be erected up to 35 feet in height from grade, except that:
A. The height limit for buildings and structures may be increased up to 45 feet and up to three stories, provided that there are two side yards for each permitted use, each of which is 10 feet or more, plus one foot or more of side yard for each additional foot of building over 35 feet. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. No accessory structure which is within two feet of any party lot line shall be more than one story high. All accessory structures shall be less than the main structure in height.
Article VIII. Industrial District M-1
A. In Industrial District M-1 any structures to be erected or land to be used shall be for one or more of the following uses:
(1) Assembly of electrical appliances, electronic instruments and devices, radios and phonographs. Also the manufacture of small parts such as coils, condensers, transformers, and crystal holders.
(2) Automobile assembling, painting, upholstering, repairing, rebuilding, or reconditioning, body and fender work, truck repairing or overhauling, tire retreading or recapping or battery manufacture. Note: This does not include automobile graveyards, junkyards, or storage areas for wrecked or inoperable vehicles.
(3) Blacksmith shop and welding or machine shop, excluding punch presses exceeding forty-ton rated capacity and drop hammers.
(4) Laboratories, pharmaceutical and/or medical.
(5) Manufacture, compounding, processing or packaging of candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products.
(6) Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semiprecious metals or stone, shell, straw, textiles, tobacco, wood, yarn and paint.
(7) Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.
(8) Manufacture of musical instruments, toys, novelties and rubber and metal stamps.
(9) Building material sales yards and plumbing supplies storage.
(10) Coal and wood yards, lumberyards, and feed and seed stores.
(11) Contractor's equipment storage yard or plant or rental of equipment commonly used by contractors.
(12) Cabinets, furniture and upholstery shops.
(13) Boat building.
(14) Monumental stone works.
(15) Veterinary or dog or cat hospital and kennels, subject to § 240-57. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(16) Wholesale businesses and storage warehouses.
(17) Off-street parking as required by this chapter.
(18) Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water.
(19) Business signs. (Refer to Subsection A of the definition of "sign" in § 240-58.)
(20) Location signs. (Refer to Subsection C in the definition of "sign" in § 240-58.)
§ 240-36. Requirements for permitted uses.
A. Before a building permit shall be issued or construction commenced on any permitted use in this district, or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, shall be submitted to the Zoning Administrator for study. The Administrator may refer these plans to the Planning Commission for its recommendations. Modifications of the plans may be required.
B. Permitted uses shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board fence or evergreen hedge six feet in height. Public utilities and signs requiring natural air circulation, unobstructed view, or other technical consideration necessary for proper operation may be exempt from this provision. This exception does not include storage of any materials.
C. Landscaping may be required within any established or required front setback area. The plans and execution must take into consideration traffic hazards. Landscaping may be permitted up to a height of three feet and to within 50 feet of the corner of any intersecting streets.
D. Sufficient area shall be provided:
(1) To adequately screen permitted uses from adjacent business and residential districts; and
(2) For off-street parking of vehicles incidental to the industry, its employees and clients.
E. Automobile graveyards, storage areas for wrecked or inoperable vehicles and junkyards in existence and having permits at the time of the adoption of this chapter are to be considered as nonconforming uses in this district. They shall be allowed up to one year after adoption of this chapter in which to completely screen, on all sides open to view from a public road, the operation or use by a masonry wall, a uniformly painted solid board fence, or an evergreen hedge, any of which must be at least eight feet in height. Failure to comply shall constitute grounds for refusal to issue annual operating licenses and to revoke required zoning and use permits.
F. The Zoning Administrator shall act on any application received within 90 days after receiving the application. If formal notice in writing is given to the applicant, the time for action may be extended for a thirty-day period. Failure on the part of the Zoning Administrator to act on the application within the established time limit shall be deemed to constitute approval of the application. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
For permitted uses utilizing an individual sewage disposal system, the required area for any such use shall be approved by the Health Official. The Administrator may require a greater area if considered necessary by the Health Official.
§ 240-38. Setback regulations.
Buildings shall be located five feet or more from any street right-of-way, except that signs advertising sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."
§ 240-39. Yard and parking regulations.
For permitted uses the minimum side yard adjoining or adjacent to a residential or agricultural district shall be 10 feet. The side yard of corner lots shall be 20 feet or more. Off-street parking shall be in accordance with the provisions contained herein.
Buildings may be erected up to a height of 35 feet. For buildings over 35 feet in height, approval shall be obtained from the Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers or their accessory facilities not normally occupied by workmen are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.
§ 240-41. Coverage regulations.
Buildings or groups of buildings with their accessory buildings may cover up to 70% of the area of the lot.
Article IX. Nonconforming Uses
§ 240-42. Continuation of nonconforming uses.
A. If at the time of enactment of this chapter any legal activity is being pursued or any lot or structure legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as herein provided.
B. If any change in title of possession or renewal of a lease of any such lot or structure occurs the use existing may be continued.
C. If any nonconforming use (structure or activity) is discontinued for a period exceeding two years, after the enactment of this chapter, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter.
D. Whenever a nonconforming structure, lot or activity has been changed to a more limited nonconforming use, such existing use may only be changed to an even more limited use.
E. Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to the effective date of this chapter are excluded.
§ 240-43. Zoning permit and certificate of occupancy required.
A. All nonconforming uses shall obtain a zoning permit and a certificate of occupancy within 60 days after the adoption of this chapter. Such permits shall be issued promptly upon the written request of the owner or operator of a nonconforming use.
B. The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this chapter may proceed, provided that such building is completed within one year or such use of land is established within 30 days after the effective date of this chapter.
§ 240-44. Repairs and maintenance.
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of non-weight-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement value of the structure, provided that the cubic content of the structure as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
§ 240-45. Changes in district boundaries.
Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.
§ 240-46. Expansion or enlargement.
A. A nonconforming structure to be extended or enlarged shall conform to the provisions of this chapter.
B. A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of this chapter.
Any lot of record at the time of the adoption of this chapter which is less in area or width than the minimum required by this chapter may be used when the requirements of the Board of Zoning Appeals regarding setbacks and side and rear yards are met.
§ 240-48. Restoration or replacement.
A. If a nonconforming activity is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall exceed 50% of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this chapter.
B. If a nonconforming structure is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall exceed 75% of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter.
C. Pursuant to § 15.2-2307, Code of Virginia, if such building is damaged greater than 50% and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. Where a conforming structure devoted to a nonconforming activity is damaged less than 50% of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than 75% of the cost of reconstructing the entire structure, either may be repaired or restored, provided that any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.
E. The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use.
A. Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit has been obtained from the Administrator.
B. The Commission may request a review of the zoning permit approved by the Administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies.
C. Each application for a zoning permit shall be accompanied by three copies of a scale drawing. The drawing shall show the size and shape of the parcel or land on which the proposed use of the building is to be constructed, the nature of the proposed use of the building or land, and the location of such parcel of land and the right-of-way of any street or highway adjoining said parcel of land. Any other information which the Zoning Administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the Administrator. One copy of the drawing shall be returned to the applicant with the permit.
§ 240-50. Certificate of occupancy.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy has been issued by the Administrator. Such a certificate shall state that the building or the proposed use, or the use of the land, complies with the provisions of this chapter. A similar certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use. A certificate of occupancy either for the whole or a part of a building shall be applied for simultaneously with the application for a zoning permit. The certificate shall be issued within 10 days after the erection or structural alteration of such building or part has conformed to the provisions of this chapter.
§ 240-51. Conditional use permit.
Where identified in this chapter, the location of certain uses, such as manufactured homes and manufactured home parks and other specified uses, shall require a conditional use permit. These permits may be issued by the governing body subject to such conditions as the governing body deems necessary to carry out the intent of this chapter. The governing body shall have the right to revoke the conditional use permit at such time as the conditions of the permit are not carried out within a specified time as directed by the governing body or when the conditions of the permit cease to be met.
§ 240-52. Uses not provided for.
If in any district established under this chapter a use is not specifically permitted and an application is made by a property owner to the Administrator for such use, the Administrator shall refer the application to the Planning Commission, which shall make its recommendations to the governing body within 30 days. The final decision to approve or disapprove the application is made by the governing body. If approved, a nonconforming use permit shall be issued stipulating review of the permitted use each 12 months, with the right to revoke said permit remaining in the governing body, in the event that the applicant does not conform to the terms under which the use permit is issued.
§ 240-53. Widening of highways and streets.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Whenever there shall be plans in existence, approved by either the State Department of Transportation or by the governing body, for the widening of any street or highway, the Commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for each proposed street or highway widening.
§ 240-54. Minimum off-street parking.
There shall be provided at the time of erection of any main building or at the time any main building is enlarged minimum off-street parking space with adequate provision for entrance and exit by standard-sized automobiles as follows:
A. In all residential districts there shall be provided, either in a private garage or on the lot, space for the parking of one automobile for each dwelling unit in a new building or each dwelling unit added in the case of the enlargement of an existing building.
B. Tourist homes and motels shall provide, on the lot, parking space for one automobile for each accommodation.
C. For church, school, college and university auditoriums, and for theaters, general auditoriums, stadiums and other similar places of assembly, at least one parking space for every five fixed seats provided in said building.
D. For hospitals, at least one parking space for each two beds' capacity, including infants' cribs and children's beds.
E. For medical and dental clinics, at least 10 parking spaces. Three additional parking spaces shall be furnished for each doctor or dentist having offices in such clinic in excess of three doctors or dentists.
F. For tourist courts, apartments and apartment motels, at least one parking space for each individual sleeping or living unit. For hotels and apartment motels, at least one parking space for each two sleeping rooms, up to and including the first 20 sleeping rooms, and one parking space for each three sleeping rooms over 20.
G. For mortuaries and liquor stores, at least 30 parking spaces.
H. For retail stores selling direct to the public, one parking space for each 100 square feet of retail floor space in the building.
I. Any other commercial building not listed above hereafter erected, converted, or structurally altered shall provide one parking space for each 100 square feet of business floor space in the building.
J. For manufacturing and industrial plants, including warehousing and storage, one parking space for every two employees on the major work shift, plus parking space to accommodate all vehicles used in connection with the industry.
K. Parking space as required in the foregoing shall be on the same lot with the main building, except that in the case of buildings other than dwellings, spaces may be located as far away as 600 feet. Every parcel of land hereafter used as a public parking area shall be surfaced with gravel, stone, asphalt or concrete. It shall have appropriate guards where needed as determined by the Administrator. Any lights used to illuminate said parking areas shall be so arranged as to reflect the light away from adjoining premises in a residential district.
§ 240-55. Manufactured homes and manufactured home parks.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The provisions of the Botetourt County Code dealing with manufactured homes and manufactured home parks as defined in the Botetourt County Code shall govern and control manufactured homes and manufactured home parks found within the Town of Troutville.
§ 240-56. Zoning of annexed area.
Any area annexed by the Town of Troutville after the effective date of this chapter shall immediately upon the effective date of such annexation be automatically classified as an A-1 District until a zoning plan for said area has been adopted by the Town Council. The Planning Commission shall prepare and present a zoning plan for the annexed area within six months to the Town Council.
Editor's Note: See also Ch. 10, Animals, § 10-18, Special provisions as to kennel dogs.
[Added 6-20-2001; amended 8-15-2001; 11-21-2001]
A. Definitions. The following words, when used in this section, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
DOG
Every dog, regardless of sex or age, or any canine breed of whatever sort, domesticated or otherwise.
FARM
Any parcel of land three acres in size or larger, regardless of zoning, devoted to production for sale of plants or animals or to production for sale of plant or animal products useful to man.
KENNEL
Any place wherein any person who is the owner keeps or otherwise maintains dogs under any one or more of the following conditions:
(1) More than six dogs of more than six months of age; or
(2) More than four dogs of more than six months of age that are not confined to a pen at all times.
OWNER
Every person having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his care, or who acts as the custodian of a dog, or who permits a dog to remain in or about premises occupied by him.
PEN
Any enclosure for the confinement of dogs.
VETERINARY HOSPITAL
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals and such keeping of animals that is adjunct to these purposes.
B. Limitations on kennels. No property zoned for residential, agricultural or business use shall be allowed to operate or maintain a kennel. Operation or maintenance of a kennel shall be allowed on property zoned for manufacturing use only after the issuance of a conditional use permit. A violation of this section shall be considered a Zoning Code violation and punished as per § 240-66B of this chapter. This subsection shall not apply to veterinary hospitals. This subsection shall not apply to dogs kept on a farm. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 240-58. Word usage and definitions.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Words used in the present tense include the future. Words in the singular include the plural, and the plural includes the singular. Words imparting the masculine gender shall include the feminine and neuter. For the purpose of this chapter, certain words and terms are defined as follows:
ACCESSORY USE OR STRUCTURE
A subordinate use or structure customarily incidental to and located upon the same lot occupied by the main use or building.
ACREAGE
A parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat.
ADMINISTRATOR
The official charged with the enforcement of this chapter. He may be any appointed or elected official who is by formal resolution designated to the position by the governing body. He may serve with or without compensation as determined by the governing body.
AGRICULTURE
The tilling of the soil, the raising of crops, horticulture, forestry, and gardening, including the keeping of animals and fowl, and including any agricultural industry or business, such as fruit packing plants, dairies or similar use.
ALTERATION
Any change in the total floor area, use, adaptability, or external appearance of an existing structure.
APARTMENT HOUSE
A building used or intended to be used as the residence of three or more families living independently of each other.
AUTOMOBILE GRAVEYARD
Any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind, incapable of being operated and which it would not be economically practical to make operative, are placed, located or found. Refer to § 33.1-348, Code of Virginia 1950, as amended.
BASEMENT
A story having part but not more than 1/2 of its height below grade. A basement shall be counted as a story for the purpose of height regulations if it is used for business purpose or lot dwelling purposes by other than a janitor employed on the premises.
BOARDINGHOUSE
A building where, for compensation, lodging and meals are provided for at least five and up to 14 persons.
BUILDING
Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.
BUILDING, ACCESSORY
A subordinate structure customarily incidental to and located upon the same lot occupied by the main building.
BUILDING, HEIGHT OF
The vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the structure to the highest point of the roof if a flat roof, to the deckline of a mansard roof, or to the mean height level between the eaves and ridge of a gable, hip, or gambrel roof. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building.
BUILDING, MAIN
The principal structure or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot.
CELLAR
A story having more than 1/2 of its height below grade and which may not be occupied for dwelling purposes.
COMMISSION
The Planning Commission of Troutville, Virginia.
DISTRICT
Districts as referred to in § 15.2-2280, Code of Virginia 1950, as amended, i.e., zoning districts.
DWELLING
Any structure which is designed for use for residential purposes, except hotels, boardinghouses, lodging houses, tourist courts, and apartments.
DWELLING, MULTIPLE-FAMILY
A building containing three or more dwelling units with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY
A residential dwelling unit designed and constructed in conformity with the Virginia Uniform Statewide Building Code and occupied by one family only. The term does not include manufactured homes.
DWELLING, TWO-FAMILY
A building containing two dwelling units with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING UNIT
One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.
FAMILY
One or more persons occupying a premises and living in a single dwelling unit, as distinguished from an unrelated group occupying a boardinghouse, lodging house, tourist home or hotel.
FRONTAGE
The minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the building setback line as defined and required herein.
GARAGE, PRIVATE
An accessory building designed or used for the storage of not more than three automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-family dwelling, the private garage may be designed and used for the storage of 1 1/2 times as many automobiles as there are dwelling units.
GARAGE, PUBLIC
A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling, or storing motor-driven vehicles.
GOVERNING BODY
The elected Town Council of Troutville, Virginia.
GUEST ROOM
A room which is intended, arranged or designed to be occupied or which is occupied by one or more guests paying direct or indirect compensation therefor but in which no provision is made for cooking. Dormitories are excluded.
HOME OCCUPATION
An occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises, such as the rental of rooms to tourists, the preparation of food products for sale, and similar activities, and professional offices such as medical, dental, legal, engineering, and architectural offices conducted within a dwelling by the occupant.
JUNKYARD
An establishment or place of business which is maintained, operated or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills. Refer to § 33.1-348, Code of Virginia 1950, as amended.
KENNEL
See § 240-57, Kennels.
LOT
A parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot width and lot areas as are required by this chapter, and having frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds.
LOT, CORNER
A lot abutting on two or more streets at their intersection. Of the two sides of a corner lot the front shall be deemed to be the shortest of the two sides fronting on streets.
LOT, DEPTH OF
The average horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE
An interior lot having frontage on two streets.
LOT, INTERIOR
Any lot other than a corner lot.
LOT OF RECORD
A lot which has been recorded in the Clerk's office of the Circuit Court.
LOT, WIDTH OF
The average horizontal distance between side lot lines.
MANUFACTURE and/or MANUFACTURING
The processing and/or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character or for use for a different purpose.
MANUFACTURED HOME
As defined in the Botetourt County Code. See Chapter 25, Zoning, Article VI, Definitions, of the County Code.
MANUFACTURED HOME PARK
Any area designed to accommodate two or more manufactured homes intended for human habitation.
NONCONFORMING ACTIVITY
The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of this chapter or as a result of subsequent amendments to this chapter.
NONCONFORMING LOT
An otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located, either at the effective date of this chapter or as a result of subsequent amendments to this chapter.
NONCONFORMING STRUCTURE
An otherwise legal building or structure that does not conform to the lot area, yard, height, lot coverage, or other area regulations of this chapter or is designed or intended for a use that does not conform to the use regulations of this chapter, for the district in which it is located, either at the effective date of this chapter or as a result of subsequent amendments to this chapter.
NONCONFORMING USE
Includes a nonconforming activity, nonconforming lot and nonconforming structure.
OFF-STREET PARKING AREA
Space provided for vehicular parking outside the dedicated street right-of-way.
PEN
A small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop. An enclosed pasture or range with an area in excess of 100 square feet for each hog or small animal or 200 square feet for each larger animal shall not be regarded as a pen.
PUBLIC WATER AND SEWER SYSTEMS
A water or sewer system owned and operated by a municipality or county or owned and operated by a private individual or a corporation approved by the governing body and properly licensed by the State Corporation Commission and subject to special regulations as herein set forth.
REQUIRED OPEN SPACE
Any space required in any front, side, or rear yard.
RESTAURANT
Any building in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tea rooms, confectionery shops or refreshment stands.
RETAIL STORES AND SHOPS
Buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood, and lumber yards), such as the following, which will serve as illustration: drugstore, newsstand, food store, candy shop, milk dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop.
SETBACK
The minimum distance by which any building or structure must be separated from the front lot line.
SIGN
Any display of any letters, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof by any means whereby the same are made visible for the purpose of making anything known, whether such display is made on, attached to, or as a part of a structure, surface or any other thing, including but not limited to the ground or any rock, tree, or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made. A display of less than one square foot in area is excluded from this definition.
A.BUSINESS — A sign which directs attention to a product, commodity or service available on the premises.
B.HOME OCCUPATION — A sign not exceeding four square feet in area directing attention to a product, commodity, or service available on the premises but which product, commodity, or service is clearly a secondary use of the dwelling.
C.LOCATION — A sign not exceeding four square feet in area which directs attention to the approximate location of an establishment from which the advertised product may be obtained.
D.DIRECTIONAL — A directional sign is one (one end of which may be pointed, or on which an arrow may be painted, indicating the direction to which attention is called) four square feet or less in area, giving the name only of the farm or business responsible for the erection of the same.
E. CHURCH BULLETIN BOARDS and IDENTIFICATION SIGNS — One sign, not exceeding 16 square feet in area, for the purpose of showing the name and use of a seminary, church, country club, sanitarium, cemetery, children's home, orphanage, fraternal organization, hospital or other firm or organization and which sign is erected or displayed on property identified by the sign.
SIGN STRUCTURE
Includes the supports, uprights, bracing, and framework of any structure, be it single-faced, double-faced, V-type, or otherwise, exhibiting a sign.
SIGN, TEMPORARY
A sign applying to a seasonal or other brief activity, such as, but not limited to, summer camps, home shows, auctions or sale of land. Temporary signs shall conform in size and type to directional signs.
STORE
See "retail stores and shops."
STORY
That portion of a building, other than the basement, included between the surface of any floor and the surface of any floor above it or, if there is no floor above it, the space between the floor and the ceiling next above it.
STORY, HALF
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than 2/3 of the floor area is finished off for use.
STREET LINE
The dividing line between a street or road right-of-way and the contiguous property.
STREET or ROAD
A public thoroughfare which affords principal means of access to abutting property.
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. This includes, among other things, dwellings, buildings, signs, etc.
TOURIST COURT, MOTEL or HOTEL
One or more buildings containing individual sleeping rooms, designed for or used temporarily by automobile tourists or transients, with garage or parking space conveniently located to each unit. Cooking facilities may be provided for each unit.
TOURIST HOME
A dwelling where only lodging is provided for compensation for up to 14 persons (in contradistinction to hotels and boardinghouses) and open to transients.
VARIANCE
A relaxation of the terms of this chapter where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts.
YARD
An open space on a lot other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
A.FRONT — An open, unoccupied space on the same lot as a building between the front line of the building (exclusive of steps) and the front line of the lot and extending the full width of the lot.
B.REAR — An open, unoccupied space on the same lot as a building between the rear line of the building (exclusive of steps) and the rear line of the lot and extending the full width of the lot.
C.SIDE — An open, unoccupied space on the same lot as a building between the side line of the building (exclusive of steps) and the side line of the lot and extending from the front yard to the rear yard line.
Article XII. Variances and Appeals
§ 240-59. Board of Zoning Appeals established.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. There shall be a Town of Troutville Board of Zoning Appeals appointed by the Circuit Court of Botetourt County in accordance with the provisions of § 15.2-2308 of the Code of Virginia 1950, as amended. One member of the Board may be an active member of the Planning Commission of the Town.
B. The Board shall elect from its own membership its officers who shall serve such terms and keep such records as provided for in § 15.2-2308 of the Code of Virginia 1950, as amended.
§ 240-60. Powers and duties of Board of Zoning Appeals.
A. The Board of Zoning Appeals shall have the powers and duties provided for in § 15.2-2309 of the Code of Virginia 1950, as amended. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. In accordance with the referenced section it shall have the power and it shall be its duty to:
(1) Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Administrator.
(2) Grant variances in the regulations when a property owner can show that his property was acquired in good faith and where by reason of the exceptional narrowness or shape of a specific piece of property at the time of the effective date of this chapter or where by reason of the exceptional topographical conditions or other extraordinary or exceptional situation the strict application of the terms of this chapter would actually prohibit or unreasonably restrict the use of the property, or where the Board is satisfied upon the evidence heard that the granting of such variation will alleviate a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege or convenience sought by the owner.
C. The Board does not have the power to zone or rezone property nor to change district boundaries as established by ordinance. Refer to § 15.2-2309, Code of Virginia 1950, as amended. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). An appeal to the Board of Zoning Appeals may be made by any party aggrieved by any decision of the Zoning Administrator. Such appeal shall be made in accordance with the procedure called for in § 15.2-2310 of the Code of Virginia 1950, as amended.
A. The Board shall fix a time for hearing such appeals after giving public notice in accordance with § 15.2-2204 of the Code of Virginia 1950, as amended.
B. The Board may reverse or affirm or may modify the order or requirement appealed from.
C. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variance from this chapter.
D. Appeal to the Circuit Court. Any person or persons aggrieved by any decision of the Board of Zoning Appeals may appeal to the Circuit Court of Botetourt County. The Court may reverse, affirm or modify the decision of the Board. Refer to § 15.2-2314, Code of Virginia 1950, as amended.
Article XIII. Administration and Enforcement
This chapter shall be enforced by the Zoning Administrator who shall be appointed by the Town Council and who, as well as his successors, shall serve at the pleasure of the Town and whose compensation as such shall be fixed by resolution of the Town Council.
§ 240-63. Effect on existing building permits.
Nothing contained herein shall require any change in the plans, construction, size or designated use of any building, structure, or part thereof for which a building permit has been granted or for which plans were on file with the Town Council before this chapter became effective and the construction of which from such plans shall have been started within 30 days after this chapter becomes effective, except that if the building operation in question is discontinued for a period of not less than six months, any further construction shall be in conformity with the provisions of this chapter.
§ 240-64. Interpretation of district boundaries.
Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
A. Where district boundaries are indicated as approximately following or being at right angles to the center lines of streets, highways, alleys, or railroad main tracks, such center lines or lines at right angles to such center lines shall be construed to be such boundaries, as the case may be.
B. Where a district boundary is indicated to follow a river, creek or branch or other body of water, said boundary shall be construed to follow the center line at low water or at the limit of the jurisdiction, and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.
C. If no distance, angle, curvature, description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the same shall be determined by the use of the scale shown on said Zoning Map. In case of subsequent dispute, the matter shall be referred to the Board of Zoning Appeals which shall determine the boundary.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The regulations, restrictions, and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified, or repealed by the governing body pursuant to § 15.2-2285 of the Code of Virginia 1950, as amended, as follows:
A. The Planning Commission shall hold at least one public hearing on such proposed amendment after notice as required by § 15.2-2204 of the Code of Virginia and may make appropriate changes in the proposed amendment as a result of such hearing. Upon the completion of its work, the Commission shall present the proposed amendment to the governing body together with its recommendations and appropriate explanatory materials.
B. Before approving and adopting any amendment, the governing body shall hold at least one public hearing thereon, pursuant to public notice as required by § 15.2-2204 of the Code of Virginia, after which the governing body may make appropriate changes or corrections in the proposed amendment; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice required by § 15.2-2204 of the Code of Virginia. An affirmative vote of at least a majority of the members of the governing body shall be required to amend this chapter. Note: The procedure for adoption of a zoning ordinance and map is the same as that for amendments to the ordinance and/or the map.
C. In the event that the governing body shall deny the petition of any property owner or his petitioner to amend this chapter, substantially the same petition shall not be reconsidered for a period of one year from the date of the original denial by the governing body.
§ 240-66. Violations and penalties.
A. All departments, officials and public employees of the Town of Troutville who or which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this chapter; any such permit or license, if issued in conflict with the provisions of this chapter, shall be null and void.
B. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor punishable as provided by § 15.2-2286, Code of Virginia. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued, or permitted by such person, firm or corporation and shall be punishable as herein provided. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A certified copy of the foregoing Zoning Ordinance of Troutville shall be filed in the office of the Clerk of the County Circuit Court of Botetourt.
Article XIV. Floodplain Overlay District
[Added 3-16-2011]
The purpose of the Floodplain Overlay District (F) is to provide mandatory floodplain restrictions for FEMA compliance, along with additional standards to restrict impervious surfaces in the floodplain. The intent of the regulation in this article is to prevent the loss of property and life, 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:
A. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, if unregulated, will cause unacceptable increases in flood heights, velocities, and frequencies;
B. Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding;
C. Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected or floodproofed against flooding and flood damage; and
D. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
§ 240-69. Establishment of floodplain areas.
For the purpose of the regulation prescribed in this article, there are hereby create various floodplain areas subject to inundation by waters of the one-hundred-year flood. The basis for the delineation of the floodways, the flood-fringe, and the approximate floodplain shall be the Flood Insurance Rate Map and the Flood Insurance Study for Botetourt County and the Town of Troutville prepared by the Federal Emergency Management Agency dated December 17, 2010, as amended. A copy of the Flood Insurance Study, Town drainage study, and accompanying maps shall be filed in the office of the Town Clerk and Zoning Administrator and they are hereby declared to be part of these regulations. The floodplain areas shall consist of the following: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. The floodway is delineated, for purposes of these regulations, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. These floodways are specifically defined in Table 5 of the Flood Insurance Study and as generally shown on the accompanying Flood Insurance Rate Map.
B. The flood-fringe shall be that area of the one-hundred-year floodplain not included in the floodway, labeled AE on the FIRM. The basis for the outermost boundary of the flood-fringe shall specifically be the one-hundred-year flood elevations contained in the flood profiles of Table 5 of the Flood Insurance Study and as generally shown on the accompanying Flood Insurance Rate Maps.
C. The approximated floodplain shall be that floodplain area for which no detailed flood profiles or elevations are provided but where a one-hundred-year floodplain boundary has been approximated, labeled A on the FIRM. Such areas are shown as Zone A on the Flood Insurance Rate Map. Where the specific one-hundred-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports or the U.S. Geological Survey Flood-Prone Quadrangles, then the applicant for the proposed use, development, or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. When a Zone A area is located between two numbered zones, one-hundred-year flood elevations shall be linearly interpolated between known elevations along the center line of the channel. Hydrologic and hydraulic analyses shall be undertaken only by the applicant's professional engineers, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses and computations shall be submitted in sufficient detail to allow a thorough review by the Zoning Administrator.
D. The shallow flooding district shall be those areas identified as Zone AO or AH on the maps accompanying the Flood Insurance Study.
A. The floodplain areas described above shall be overlays to the existing underlying base zoning districts as shown on the Official Zoning Map. As such, the provisions of the Floodplain Overlay District (F) shall serve as a supplement to the underlying base zoning district provisions. With any conflict between the provisions or requirements of the Floodplain Overlay District (F) and those of the underlying base zoning district, the more restrictive provisions shall apply.
B. The boundaries of the floodplain areas previously described above shall be established as shown on the Flood Insurance Rate Map.
C. The delineation of any of the floodplain areas described in § 240-69C above may be revised by the Town Council where natural or man-made changes have occurred or where more detailed studies have been conducted or are undertaken by the U.S. Army Corps of Engineers or other qualified agency or an individual documents to the satisfaction of the Zoning Administrator showing the need for such change. However, prior to any such change, approval shall be obtained from the Federal Insurance Administration. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. Interpretations of the boundaries of the floodplain areas described in § 240-69C above shall be made by the Zoning Administrator in his capacity as Floodplain Administrator.
E. No land or use shall be developed within the established floodplain areas, and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered, except in full compliance with the terms and provisions of the regulations of this article and any other applicable ordinances and regulations which apply to uses within the Town.
F. Filling in those portions of the flood-fringe area that contribute to bypass flooding shall be permitted in accordance with the regulations as set forth in this article.
§ 240-71. Abrogation and greater restrictions.
A. 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 article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.
B. The degree of flood protection sought by the provisions of this article 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. This article does not imply that districts outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages.
C. Records of actions associated with administering this article shall be kept on file and maintained by the Town Zoning Administrator, who also shall serve as the Town's Floodplain Administrator.
D. This article shall not create liability on the part of the Town of Troutville or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
E. These regulations supersede any regulations in effect in floodplain areas. However, any underlying regulations or restrictions shall remain in full force and effect to the extent that their provisions are more restrictive than the regulations as set forth in this article.
F. Whenever any regulation in this article imposes higher or more restrictive standards than are required in any other statute, ordinance, or regulation, the provisions of this article shall govern. Whenever the provisions of any other statute, ordinance, or regulation impose higher or more restrictive standards than are required in this article, the provisions of such other statute, ordinance, or regulation shall govern.
§ 240-72. Violations and penalties.
A. Any person who fails to comply with any of the requirements or provisions of this article or directions of the Zoning Administrator or any authorized employee of the Town of Troutville shall be guilty of a Class 1 misdemeanor and subject to the penalties therefor. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the Town to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.
§ 240-73. Submitting technical data.
A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data. Such a submission is necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
Certain terms and words used in this article shall be defined as set forth below. Where any conflict exists between the definitions below and those found elsewhere, the definitions of this section shall govern for the purposes of the regulations of this article.
BASE FLOOD ELEVATION
The Federal Emergency Management Agency designated one-hundred-year water surface elevation.
BASE FLOOD/ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (that has a one-percent chance of occurring each year, although the flood may occur in any year).
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
CHANNEL
A perceptible natural or artificial waterway which periodically or continuously contains moving water confined to a definite bed and banks.
CONDITIONAL LETTER OF MAP REVISION (CLOMR)
A letter from FEMA commenting on whether a proposed project, if built as proposed, would justify a National Flood Insurance Program (NFIP) map revision to modify the existing regulatory floodway or effective base flood elevation.
DEVELOPMENT
Any man-made changes to improved or unimproved real estate, including but not limited to structures, the placement of manufactured homes, paving, utilities, filling, grading, excavating, mining, dredging, drilling operations, or the storage of equipment and materials.
ELEVATED BUILDING
A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, 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.
FEMA
Federal Emergency Management Agency.
FLOOD
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland waters; or
B. The unusual and rapid accumulation of runoff of surface water from any source.
FLOOD ELEVATION
A determination by the Federal Insurance Administration of the water surface elevations of the base flood, that is, the flood level that has a one-percent or greater chance of occurrence in any given year.
FLOOD INSURANCE RATE MAP
An official map of the Town of Troutville and Botetourt County on which the Federal Insurance Administration has delineated both the special hazard areas and the risk premium zones applicable to the Town of Troutville.
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of mud flow and/or flood-related erosion hazards.
FLOODPLAIN
Any land area susceptible to being inundated by water from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
FLOODWAY
The channel of a river or other watercourse in the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the base flood elevation more than one foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
For the purpose of this article only, any structure that is:
A. Listed individually on the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 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;
C. Individually listed on the Virginia Landmarks Register or determined eligible by the Virginia Department of Historic Resources for such register; or
D. Individually listed on the Town inventory of historic places or determined eligible for such inventory by the Town of Troutville.
LETTER OF MAP REVISION (LOMR)
A letter from FEMA officially revising the current National Flood Insurance Program (NFIP) map to show changes to floodplains, floodways, or flood elevations.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access, or storage in an area other than in a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article.
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. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days but does not include a recreational vehicle.
NEW CONSTRUCTION
For the purposes of determining insurance rates, structures for which the start of construction commenced on or after October 14, 1977, 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 the Town and includes any subsequent improvements to such structures.
RECREATIONAL VEHICLE
A vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.
SHALLOW FLOODING AREA
A special flood hazard area with base flood depths from one to three 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. Such flooding is characterized by ponding or sheet flow.
SPECIAL FLOOD HAZARD AREA
The land in the floodplain subject to a one-percent or greater chance of being flooded in any given year as determined pursuant to any boundary changes through studies undertaken by the U.S. Army Corps of Engineers or other qualified agency. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.
START OF CONSTRUCTION
For a substantial improvement, "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 purposes of this article only, a walled and roofed building, including a gas or liquid storage tank, that is this principally above ground, 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 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure taking place during a period of five years, the cumulative cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred repetitive loss or substantial damage regardless of the actual repair work performed. The term does not, however, include either:
A. 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
B. Any alteration of a historic structure, provided that the operation will not preclude the structure's continued designation as a historic structure.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4) or (10), (d)(3) or (e)(2), (4) or (5) is presumed to be in violation until such time as that documentation is provided.
WATERCOURSE
A natural or artificial channel for passage of running water fed from natural sources in a definite channel and discharging into some stream or body of water.
§ 240-75. Floodplain development regulations.
A. Permit requirement. All uses, activities, and development occurring within any floodplain areas shall be undertaken only upon the issuance of a zoning permit by the Zoning Administrator. Such development shall be undertaken only in strict compliance with these regulations and with all other applicable codes and ordinances as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and Chapter 190, Subdivision of Land, of this Code. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstance shall any use, activity, or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage facility or system.
B. Alteration or relocation of watercourse. Prior to any proposed alteration or relocation of any channel with a regulatory floodplain within the Town, a permit shall be obtained from the U.S. Army Corps of Engineers, the Virginia Department of Environment Quality, and the Virginia Marine Resources Commission. Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions and the Dam Safety and Floodplain Management Division of the Virginia Department of Conservation and Recreation. If the channel to be altered or relocated contains a regulatory floodplain, a conditional letter of map revision shall be secured from FEMA prior to construction.
C. Zoning permits. All applications for zoning permits for structures in the floodplain as defined for purposes of this article shall include a standard FEMA elevation certificate completed by a licensed surveyor or engineer. For all such permits, the Zoning Administrator shall obtain and maintain a record of the following information:
(1) The elevation of the one-hundred-year flood;
(2) Topographic information showing existing and proposed ground elevation;
(3) For structures to be elevated, the elevation (in relation to the mean sea level) of the lowest flood (including basement) of any proposed new or substantially improved structure;
(4) For nonresidential structures to be floodproofed, the elevation (in relation to mean sea level) to which the structure will be floodproofed;
(5) Where a nonresidential structure is intended to be made watertight below the base flood level, a registered professional engineer or architect shall develop and review structural design, specifications and plans for the construction and shall certify that the design and the methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of the Virginia Uniform Statewide Building Code; and
(6) Prior to the issuance of a certificate of occupancy, an elevation certificate of the as-built construction.
D. Manufactured or mobile homes. All manufactured homes or mobile homes to be placed or substantially improved within the flood-fringe shall be placed on a permanent foundation and anchored in accordance with the Virginia Uniform Statewide Building Code;
E. General standards.
(1) The following provisions shall apply to all permits:
(a) New construction and substantial improvements shall be according to the VA USBC and anchored to prevent flotation, collapse or lateral movement of the structure.
(b) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces.
(c) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(d) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(e) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(f) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(g) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(h) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(2) In addition to Subsection E(1)(a) through (h) above, in all special flood hazard areas, these additional provisions shall apply:
(a) Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. 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). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and the Federal Insurance Administrator.
(b) The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.
F. Specific standards. In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated according to this or other sections, the following provisions shall apply:
(1) Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated to or above the base flood elevation (recommend > one foot freeboard).
(2) Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood elevation (recommend > one foot freeboard). Buildings located in all A1-30, AE, and AH Zones may be floodproofed in lieu of being elevated, provided that all areas of the building components below the elevation corresponding to the base flood elevation (BFE) plus one foot are watertight 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. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the Zoning Administrator.
(3) Elevated buildings. Fully enclosed areas of new construction or substantially improved structures which are below the regulatory flood protection elevation shall:
(a) Not be designed or used for human habitation but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door) or entry to the living area (stairway or elevator).
(b) Be constructed entirely of flood-resistant materials below the regulatory flood protection elevation.
(c) Include, in Zones A, AO, AE, and A1-30, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:
[1] Provide a minimum of two openings on different sides of each enclosed area subject to flooding.
[2] The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.
[3] If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.
[4] The bottom of all required openings shall be no higher than one foot above the adjacent grade.
[5] Openings may be equipped with screens, louvers, or other opening coverings or devices, provided that they permit the automatic flow of floodwaters in both directions.
[6] Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.
(4) Standards for manufactured homes and recreational vehicles.
(a) All manufactured homes placed or substantially improved on individual lots or parcels in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood must meet all the requirements for new construction, including the elevation and anchoring requirements in this section and elsewhere.
(b) All recreational vehicles placed on sites must either:
[1] Be on the site for fewer than 180 consecutive days;
[2] Be fully licensed and ready for highway use (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); or
[3] Meet all the requirements for manufactured homes.
G. Floodway. In the floodway, no encroachments, including fill, new construction, substantial improvements, rehabilitation of substantially damaged structures, and other development, shall be permitted unless the applicant's professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment would not result in any increase in the one-hundred-year flood elevation.
H. The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided that the anchoring, elevation, and encroachment standards are met.
I. Flood-fringe. In the flood-fringe, the development or use of land shall be permitted in accordance with the regulations of the underlying base zoning district, provided that all such uses, activities, or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances, and provided further that the lowest floor of a structure shall be elevated to a minimum of one foot above the base flood elevation or, when allowed in the Virginia Uniform Statewide Building Code, shall be floodproofed to one foot above the base flood elevation. In addition, all electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities, including ductwork, for new construction or substantial improvements shall be elevated or floodproofed to one foot above the base flood elevation.
J. Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones A1-30 and AE on the Flood Insurance Rate Map, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the Town.
K. Development activities in Zones A1-30, AE, and AH on the Town of Troutville Flood Insurance Rate Map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies, with the Town's endorsement, for a conditional Flood Insurance Rate Map revision and receives the approval of the Federal Emergency Management Agency.
L. Approximated floodplain.
(1) Within the approximated floodplain, all proposed developments shall include in such proposal base flood elevation data. The applicant's professional engineer shall also delineate a floodway area based on the requirement that all existing and future development not increase the one-hundred-year flood elevation more than one foot at any one point. The engineering principle identified as equal reduction of conveyance shall be used to make the determination of increased flood heights. Within the floodway area delineated by the applicant's professional engineer, the provisions of the previous sections shall apply.
(2) The Zoning Administrator reserves the right to require hydrologic and hydraulic analyses for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood elevation (recommend > one foot freeboard). During the permitting process, the Zoning Administrator shall obtain:
(a) The elevation of the lowest floor (including the basement) of all new and substantially improved structures; and
(b) If the structure has been floodproofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been floodproofed.
M. Base flood elevation data shall be provided for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.
N. Standards for the shallow flooding district. The following provisions shall apply within the shallow flooding district:
(1) All new construction and substantial improvements of residential structures shall have the lowest floor, including 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 depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet (recommend > one foot freeboard) above the highest adjacent grade. When a freeboard is included in the height of a structure, the flood insurance premiums will be significantly cheaper.
(2) All new construction and substantial improvements of nonresidential structures shall:
(a) Have the lowest floor, including 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 depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet (recommend > one foot freeboard above the flood depth level) above the highest adjacent grade; or
(b) Together with attendant utility and sanitary facilities be completely floodproofed to the specified flood level 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 the effects of buoyancy.
(3) Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.
§ 240-76. Permitted uses in floodway.
The following uses shall be permitted as of right in the floodway to the extent that they are otherwise permitted in the underlying base zoning district and are not prohibited by any other ordinance, and provided that they do not employ structures, fill, or storage of materials and equipment within the floodway which may cause any increase in the one-hundred-year flood heights and velocity:
A. Agricultural operations, such as general farming, pasture, grazing, outdoor planet nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting;
B. Public and private recreational uses such as parks, picnic grounds, golf courses, boat launching or swimming areas, hiking or horseback riding trails, wildlife and nature preserves, fishing areas, and trap and skeet game ranges;
C. Botanical gardens; and
D. Accessory residential use such as yard areas, gardens, and play areas.
§ 240-77. Special exception uses in floodway.
The following uses shall be permitted in the floodway by special exception granted by the Board of Zoning Appeals, provided that such uses are permitted in the underlying base zoning district:
A. Structures accessory to the uses set forth in the definitions above.
B. Utility distribution: gas/electric compressor station or substation or water pump/lift station.
C. Sewage treatment facility or water treatment facility.
§ 240-78. Design criteria for public utilities and facilities.
A. All new replacement sanitary sewer facilities and private sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize infiltration of floodwaters into the system and discharge from the systems into the floodwaters. In addition, they must be located and constructed to minimize flood damage and impairment.
B. All new or replacement potable water facilities shall be designed to eliminate infiltration of floodwaters into the system and shall be located and constructed to minimize flood damages.
C. All storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner, without damage to persons or property. The system shall ensure proper drainage along streets and provide positive drainage away from buildings and on-site waste disposal sites. The Town may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plan shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excessive runoff onto adjacent properties.
D. All other utilities, such as gas lines and electrical, telephone, and cable television systems, being placed in flood-prone areas shall be located, elevated (where possible), and constructed to minimize the chance of impairment during a flood occurrence.
E. Streets, drainage improvements, and sidewalks shall be designed to prevent increasing flood levels by more than one foot. Any new structure encroaching in a floodway shall receive a conditional letter of a map revision (CLOMR) prior to construction and a letter of map revision (LOMR) following completion.
§ 240-79. Existing structures in floodplain.
A structure or use of a structure or premises which lawfully existed before the enactment of these provisions but which is not in conformity with these provisions may be continued subject to the following conditions:
A. Existing structures or uses located in the floodway shall not be expanded or enlarged, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation.
B. For the purpose of this section:
(1) Any modifications, alterations, repairs, reconstructions, or improvements of any kind to a structure or use located in a floodplain taking place during a period of five years, the cumulative cost of which amounts to less than 50% of the market value, shall conform to the Virginia Uniform Statewide Building Code.
(2) Any combination of modifications, alterations, repairs, reconstructions or improvements of any kind to a structure or use located in a floodplain taking place during a period of five years, the cumulative cost of which equals or exceeds 50% or more of its market value, shall be undertaken only in full compliance with the provisions of this chapter and shall require the entire structure to conform to the VA USBC.
A. Any agent, commission or board of the Town, in taking action on special exceptions, rezoning, special uses, variances and amendments to this article, shall consider, in addition to all pertinent provisions of other sections of this article, the following:
(1) The danger to life and property due to increased flood heights or velocities caused by encroachment. No variance shall be granted for any proposed use, development, or activity within any floodway that will cause any increase in the one-hundred-year flood elevation;
(2) The danger that materials may be swept onto other lands or downstream to the injury of others;
(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions;
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
(5) The importance of the services provided by the proposed facility to the community;
(6) The requirements of the facility for a waterfront location;
(7) The availability of alternative locations not subject to flooding for the proposed use;
(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
(9) The relationship of the proposed use to the Town Comprehensive Plan and floodplain management program for the Town;
(10) The safety and access of ordinary and emergency vehicles to the property in time of flood;
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
(12) The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation 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.
B. The Board of Zoning Appeals may forward any application and accompanying documentation pertaining to any request for a variance to the Zoning Administrator or other qualified person or state or federal agency 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.
C. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such variance will not result in prohibited increases in flood heights, additional threats to public safety, or extraordinary public expense and will not create nuisances, cause victimization of the public, or conflict with Town laws or ordinances.
D. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, within 10 business days of the public hearing, that the issuance of a variance to construct a structure below the one-hundred-year flood elevation increases the risk to life and property and will result in increased premium rates for flood insurance.
E. A record of the above notification as well as all variance actions, including justifications for their issuance, shall be maintained by the Zoning Administrator. Any variances which are issued shall be noted in the annual or biennial report of the Town submitted to the Federal Insurance Administrator.
§ 240-81. Application requirements for variances and special exception uses in floodways.
All applications for a variance or a special exception use in any floodway, as defined herein, shall include the following:
A. Plans in triplicate, drawn to scale not less than one inch to 100 feet horizontally, showing the location, dimensions, and contours (at two-foot intervals) of the lot, existing and proposed structures, fill, storage areas, water supply, sanitary facilities, and relationship of the floodway to the proposal.
B. A typical valley cross section as necessary to adequately show channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, floodway limits, and one-hundred-year flood elevation.
C. A profile showing the slope of the bottom of the channel or flow line of the stream.
D. A summary report, prepared by professional engineers or others of demonstrated qualifications, evaluating the proposed project in relation to flood heights and velocities, the seriousness of the flood damage to the use, and other pertinent technical matters.
E. A list of names, addresses, and official tax numbers of the adjoining property owners and owners of property within 300 feet of the subject property.
F. A conditional letter of map revision (CLOMR) prior to the issuance of any such variance or special exception in the floodway.
A. Designation of the Floodplain Administrator. The Town Zoning Administrator is hereby designated as the Town's Floodplain Administrator and is hereby appointed to administer and implement these regulations and is referred to herein as the "Floodplain Administrator." The Floodplain Administrator may:
(1) Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.
(2) Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
B. Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:
(1) Review applications for permits to determine whether proposed activities will be located in flood hazard areas.
(2) Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.
(3) Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.
(4) Review applications to determine whether all necessary permits have been obtained from the federal, state or local agencies from which prior or concurrent approval is required, in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, and structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the one-hundred-year frequency floodplain of free-flowing nontidal waters of the state.
(5) Verify that applicants proposing an alteration of a watercourse have notified adjacent communities and Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and have submitted copies of such notifications to FEMA.
(6) Advise applicants for new construction or substantial improvement of structures that are located within an area of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act that federal flood insurance is not available on such structures; areas subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier Resource System Areas (CBRS) or Otherwise Protected Areas (OPA).
(7) Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.
(8) Inspect or cause to be inspected buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if noncompliance has occurred or violations have been committed.
(9) Review elevation certificates and require incomplete or deficient certificates to be corrected.
(10) Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the Town of Troutville, within six months after such data and information become available if the analysis indicates changes in base flood elevations.
(11) Maintain and permanently keep records that are necessary for the administration of these regulations, including:
(a) Flood insurance studies, flood insurance rate maps (including historic studies and maps and current effective studies and maps) and letters of map change; and
(b) Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum of the FIRM) to which structures have been floodproofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.
(12) Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop-work orders, and require permit holders to take corrective action.
(13) Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.
(14) Administer the requirements related to proposed work on existing buildings:
(a) Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.
(b) Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the noncompliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.
(15) Undertake, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which may include but are not limited to issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under NFIP flood insurance policies.
(16) Notify the Federal Emergency Management Agency when the corporate boundaries of the Town of Troutville have been modified and:
(a) Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and
(b) If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements and submit the amendments to the governing body for adoption; such adoption shall take place within six months of the date of annexation, and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.
(17) Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the special flood hazard area (SFHA), number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.
C. It is the duty of the community's Floodplain Administrator to take into account flood, mudslide, and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of the community, whether or not those hazards have been specifically delineated geographically (e.g., via mapping or surveying). If it is shown that the Floodplain Administrator is derelict in enforcing this requirement, it shall be determined whether community suspension is warranted, pending investigation.