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Article XII-A. Flood Plain Districts.

Sec. 43A. Regulations generally; amendment of zoning map;
purposes.

The regulations set forth in this article, or set forth elsewhere
in this Appendix and referred to in the article, are the Flood Plain
(FP) district regulations. The FP district boundaries are hereby
established along the boundaries of the intermediate regional flood
delineated in studies prepared by the United States Army Corps
of Engineers for the Rivanna River (June 1971), Moores Creek
(September 1971) and Meadow Creek (January 1972), which are
incorporated by reference in this article. The zoning map adopted

and incorporated by section 4 of this Appendix is hereby amended
to show the boundaries of the FP districts delineated in such
studies. The FP districts are intended to overlap the existing
zones of the territory included within the area of the intermediate
regional flood, and the regulations
imposed by this article are intended as supplemental to and not in
lieu of the existing zoning regulations within such boundaries.

This district is established for the purpose of:

1. Controlling flood plain uses, such as fill, dumping, storage
of materials, structures, buildings, and any other works which
acting alone or in combination with other existing or future uses
will cause damaging flood heights and velocities by obstructing
flows and reducing valley storage;

2. Protecting human life and health;

3. Minimizing public and private property damage;

4. Providing for public awareness of the potential for
flooding;

5. Controlling development which will, when acting alone or
in combination with similar developments, create an unjustified
demand for public investment in flood-control works, by
requiring that uses vulnerable to floods, including public facilities
which serve such uses, be protected against flood damage at the
time of initial construction;

6. Controlling development which will, when acting alone or
in combination with similar development, cause flood losses if
public streets, sewer, water, and other utilities must be extended
below the flood level to serve the development;

7. Controlling development which will, when acting alone or
in combination with similar development, create an additional
burden to the public to pay the costs of rescue, relief, emergency
preparedness measures, sandbagging, pumping, and temporary
dikes or levees. (6-4-73, § 1.)

Sec. 43B. Definitions.

When used in this article the following words and phrases shall
have the meanings herein ascribed to them unless another
meaning is plainly apparent from the context:

1. "Flood plain" means the extent of the intermediate regional
flood (100 year flood) as defined by the studies of the U. S. Army
Corps of Engineers and adopted as district boundaries by section
43A.

2. "Flood way" means the extent of the channel of a

watercourse and adjacent land areas which are required to carry
and discharge the flood water of an intermediate regional flood
(100 year flood) without increasing flood stages more than one
foot above the levels which would occur naturally. (6-4-73, § 1.)

Sec. 43C. Use regulations.

The use regulations in force in the existing zoning districts
overlapped by the FP district shall be continued in force; however,
the FP district shall be subject to the additional use regulations
set forth in this article.

1. The following uses having low flood-damage potential and a
low potential for obstructing flood flows shall be permitted
without site plan approval within the FP district to the extent
that they are not prohibited by any other ordinance and provided
they do not require permanent structures, fill, or storage of
materials or equipment:

a. Agricultural and conservation uses such as gardening,
horticulture, cultivation and harvesting of crops according to
recognized soil conservation practices, outdoor plant nurseries,
pasture, grazing, wildlife and nature preserves, arboretums, and
forestry;

b. Open private and public recreational uses which do not
require permanent or temporary structures such as parks,
playfields, picnic grounds, hunting and fishing areas, golf courses
and driving ranges, hiking and horseback riding trails, nature
paths, and bicycle trails;

c. Circuses, carnivals and other similar transient amusement
enterprises, as provided for under existing city ordinances;

d. Public service uses, such as outlet installations for sewage
treatment plants, sealed wells for public water supply, storm
drainage facilities, water and sewer monitoring devices, and flood
warning aids and devices.

2. Existing uses. Any trailer placed, or any future trailer
placed on an existing trailer site, or any residential, commercial
or industrial building erected or begun prior to the date of
enactment of this article, may remain and shall not be considered
to be a nonconforming use by virtue of this article.

Further, without applying for site plan approval, the owner of
an existing trailer, or of a future trailer on an existing trailer site,
or of any other existing residential structure or auxiliary building
in conjunction with an existing residential use, may make repairs,
additions, improvements or reconstruction to such trailer or
residential structure, provided that such repairs, additions,
improvements or reconstruction do not add more than 50% to the
ground floor area of the trailer or other residential structure.
Such repairs, additions, improvements, or reconstruction shall
likewise not be considered to be nonconforming by virtue of this
article. (6-4-73, § 1.)

Sec. 43D. Uses permitted subject to site plan review.

Any use permitted in an existing district which is overlapped
by the FP district is permitted in the corresponding portion of the
FP district, provided that the following conditions are met:

1. A plan for the development of the entire site which lies
within the flood plain shall be submitted in accordance with the
provisions of section 72A. On application of any owner of property
within the FP district the city shall determine and establish in
the field on such property the elevation of the boundaries of the
flood plain and flood way, as related to mean sea level. Such
determination shall be made with reference to data prepared by
the U. S. Army Corps of Engineers or other qualified engineering
sources, based upon generally accepted hydraulic engineering
practices. Such owner shall then be entitled to utilize the
boundaries so determined in preparation of his site plan.

2. Prerequisites for flood plain development:

a. The lowest habitable floor of any residential structure
must be at least one foot higher than the elevation of the outer
limit of the FP district. The elevation of said lowest floor shall be
provided along with the required site plan. Any basement or
cellar of a residential structure not designed for human
habitation may lie below the elevation of the outer limit of the FP
district, provided that it is flood proofed in accordance with
section 43D-2c. of this article and further provided that the
location of such structure does not encroach upon the flood way.

b. Any new structure, other than a residential structure, to

be built in a business or manufacturing zone overlapped by the
FP district, or any addition to an existing commercial or
industrial building, shall be constructed so that the lowest floor is
at least one foot higher than the elevation of the outer limit of the
FP district, or shall be flood proofed in accordance with section
43D-2c. of this article, provided that in no case shall such
structure encroach upon the flood way.

c. In cases in which flood proofing measures are permitted to
satisfy the requirements of this article the planning commission
shall seek to insure in the process of site plan review that such
measures will be consistent with flood elevations, velocities and
volumes of the intermediate regional flood for the site in question.
On any building or structure for which flood proofing is required,
such measures shall be performed to an elevation of one foot
above the level of the intermediate regional flood. The following
flood proofing measures may be required:

1. Anchorage to resist flotation and lateral movement;

2. Installation of watertight doors, bulkheads, and
shutters, or similar methods of construction;

3. Reinforcement of walls to resist water pressure;

4. Use of paints, membranes, or mortars to reduce seepage
of water through walls;

5. Addition of mass or weight to structures to resist
flotation;

6. Installation of pumps to lower water levels in
structures;

7. Construction of water supply and waste-treatment
systems so as to prevent the entrance of flood waters;

8. Installation of pumping facilities or comparable
practices for subsurface drainage systems for buildings, to relieve
external foundation wall and basement flood pressures;

9. Construction to resist rupture or collapse caused by
water pressure or floating debris;

10. Installation of valves or controls on sanitary and storm
drains which will permit the drains to be closed to prevent
back-up of sewage and storm waters into the buildings or
structures. Gravity draining of basements may be eliminated by
mechanical devices;

11. Location of all electrical equipment, circuits, and
installed electrical appliances in a manner which will assure they
are not subject to flooding and which provides protection from
inundation by the intermediate regional flood;

12. Location of any structural storage facilities for
chemicals, explosives, buoyant materials, flammable liquids, or
other toxic materials which could be injurious to plant, animal or
human life at elevations at least one foot above the elevation of
the outer limit of the FP district;

d. Fill is permitted within the FP district if the following
conditions are satisfied:

1. Any fill proposed to be deposited in the flood plain must
be shown to have some beneficial purpose and the amount thereof
to be not greater than is necessary to achieve the purpose, as
demonstrated by a plan submitted by the owner showing the uses
to which the filled land will be put and the final dimensions of the
proposed fill;

2. Such fill shall be protected against erosion by
compaction, riprap, vegetative cover, or bulkheading;

3. The fill shall be of such material as will not pollute
surface water or ground water;

4. Such fill shall not extend into or encroach upon the flood
way.

e. Storage of material or equipment that is not flammable,
explosive, or potentially injurious to human, animal or plant life
may be permitted in an overlapped zone which permits such use,
if such material or equipment is readily removable within the
time available after flood warning or if adequate flood proofing is
provided, in accordance with section 43D-2(c) of this article.

f. Parking lots which are otherwise permissible under
existing city ordinances are permitted within the FP district if
marked by a sign indicating the area that is subject to flooding
and warning parkers of the potential danger.

g. Campgrounds shall be subject to the approval of the
planning commission through the procedures of site plan review
provided in section 72A.

h. Marinas, boat rental facilities and other similar uses shall

be subject to the approval of the planning commission through
the procedures of site plan review provided in section 72A.

i. Sand and gravel extraction operations shall be subject to
the approval of the planning commission through the procedures
of site plan review provided in section 72A.

j. The straightening of any stream, or the altering of its
course in any way, shall be subject to the approval of the planning
commission through the procedures of site plan review provided
in section 72A. (6-4-73, § 1.)

Sec. 43E. Discontinuance of uses.

If the use of any structure which existed prior to the date of
enactment of this article is discontinued for two consecutive
years, any future use of the structure shall be considered a new
use and shall comply with the requirements set forth in this
article. (6-4-73, § 1.)

Sec. 43F. Documents to be available for public inspection.

Copies of all U. S. Army Corps of Engineers' studies and other
available documents pertaining to the flood plains of the Rivanna
River, Moores Creek and Meadow Creek which are relevant to the
determinations and requirements set forth in this article shall be
kept on file for public inspection in the office of the city planning
department. (6-4-73, § 1.)

Sec. 43G. Warning and disclaimer of liability.

The granting of approval of any structure or use shall not
constitute a representation, guarantee, or warranty of any kind or
nature by the city or the planning commission or by any officer or
employee thereof, of the practicality or safety of any structure or
use proposed and shall create no liability upon or cause action
against such public body, officer, or employee for any damage
that may result pursuant thereto.

The degree of flood protection required by this article within
the FP district is considered reasonable for regulatory purposes
and is based on engineering and scientific methods of study. The

district and article do not imply that areas outside the flood plain
district or land uses permitted within such districts will be free
from flooding or flood damage. Nothing contained herein shall
create any liability on the part of the city or any officer, agency or
employee thereof for any flood damage that results from reliance
on this article or any administrative decision lawfully made
hereunder. (6-4-73, § 1.)

Sec. 43H. Appeals.

An applicant for site plan approval as required in this chapter
may appeal the planning commission's decision on the site plan to
the city council. (6-4-73, § 1.)