HomeMy WebLinkAbout2005-19Ordinance 2005-19
Ordinance Amending the Comprehensive Plan by Adoption of Amendments
in Planning Commission Resolution 2005-01
.a,.
Adopted: May 3, 2005
Effective: May 3, 2005
ORDINANCE 2005-19
ORDINANCE AMENDING THE COMPREHENSIVE PLAN
BY ADOPTION OF AMENDMENTS iN PLANNING COMMISSION RESOLUTION
2005-01
WHEREAS, the Town Council of the Town of Pulaski, Virginia deemed it in the interest
of the public health, welfare and safety of the Town of Pulaski to update and amend the
Town's Comprehensive Plan; and
WHEREAS, the Planning Commission submitted a certified copy of Planning
Commission Resolution 2005-01, as required by Code of Virginia 1950 as amended,
§15.2-2225 (c), to the~Town Council listing each suggested amendment to the
Comprehensive Plan, as shown in Attachment A; and,
WHEREAS, the Town Council conducted a duly noticed public hearing on April 5, 2005,
as required by §15.2-2204 of the Code of Virginia, 1950 as amended, to solicit public
comment regarding adoption of these amendments into the Comprehensive Plan.
NOW THEREFORE be it ORDAINED bdy the Town Council of the Town of Pulaski,
Virginia sitting in regular session this 3r day of May 2005, that the Comprehensive Plan
of the Town of Pulaski, as amended December 3, 2002 is hereby amended by adoption
of the amendments listed in Exhibit "A" attached hereto and expressly made a part
hereof as if set forth herein.
This ordinance is effective upon adoption and is hereby adopted this 3rd day of May
2005 by the duly recorded vote of Town Council as follows:
Jeffrey S. Worrell
Daniel Talbert, Jr.
Bettye H. Steger
- Aye Lane R. Penn -Aye
-Aye John T. Bolen -Aye
-Aye Joel B. Burchett, Jr. -Aye
THE TOWN OF PULASKI, VIRGINIA
By: ,
Charles L. Wa e, Mayor
ATTEST:
~~
Patricia Cruise, Cler of Council
Exhibit A
Textual Amendments
General Population Levels-Page 2; Replaces Section 1.6.1 Population-Page 14
The Town of Pulaski has experienced a loss of population since it reached its peak
population of 10,469 in 1960. In the following three decades the population dropped by
1 %, but in the 1990-2000 decade the rate of loss increased to 5.1 %. By Census Bureau
estimates the Town' population in 2000 was 9,473, a 9.5% drop from 1960. In
comparison, the population of the New River Valley Planning District from 1990-2000
grew by 8.5%. -
Recent population estimm°aates from the Census Bureau indicate a continuing decline in
the Town's population from the 2000 Census figure. Estimates for the Town of Pulaski
indicate a population of 9,350 for 2001 and 9,232 in 2002.
Ethnic Composition-Page 2-No Corresponding Citation add to end of
Demographic Section
The ethnic composition of the Town has undergone some minor changes over the past
30 years. Pulaski remains predominately white in ethnic makeup (88.81 %) with blacks
the second largest group (7.70%). Both of these ethnic groups have declined in
numbers and as a percentage of the Town's population. The most noticeable change
has been the growth of a small community of Hispanics, now making up 2.02% of the
Town's population. Another noticeable trend is the number of Town citizens identifying
themselves as members of two or more races (1.12%).
School Age Population-Page 2; Replaces Section 1.6.1.1. School Age
Population-Page 14
Mirroring national trends towards an older population, Census data suggests that the
school age population of the Town (ages 5-19) has declined significantly over the last
thirty years. In 1970, school age persons made up almost one-quarter (24.65%) of the
Town's population. By 2000 this percentage had declined to approximately 18.4%. This
figure is slightly below that of the New River Valley Planning District, but higher than
Pulaski County.
Maturing Population-Page 2; Replaces Section 1.6.1.2 Maturing Population-Page
15
The Town shares with the nation as a whole the trend towards an older population. The
primary source of this trend is the aging of the "Baby Boomer" generation (persons born
between 1946 and 1964) and out-migration of younger persons from the community.
Between 1990 and 2000 the overall age of the Town's population rose significantly. The
median age of the Town rose from 37.5 years to 40.3 years. As the bar graph shows,
the largest portion of the Town's population is between the ages of 45 and 64 and the
second largest group is age 65 and over. Decreases in the school age population and
also of persons in their early twenties is also indicated by the graph.
Age Distribution for the Town of Pulaski
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2500
2000
c
0
w
a
u 1500
a
E
0
z
loon
500
/~e Group
®1980
^ 1990
02000
Education Attainment--Page 3; Replaces Section 1.6.2 Education--Page 16
The Town did show improvement in the level of education of its citizens in the past
decade. In 1990, approximately 45% of Town residents over 25 did not have a high
school degree. This figure dropped to 34.1 % by the 2000 Census. Despite the gains
represented by an increased number of citizens possessing a high school diploma, the
Town's figures remain significantly higher than Virginia's rate of 18.5 percent of citizens
that do not possess a high school diploma.
Part of the reason for this increase in the general educational level of the Town, was the
intensive effort mounted by the Pulaski County School System in the 1990's to target
students at risk for dropping out. By 1999, the drop out rate was down 50% from its
early decade high.
Census data indicates the Town continues to lag seriously behind both the planning
district and the state in persons holding baccalaureate and graduate or professional
degrees. According to the 2000 Census, 9.4% of Town residents over age 25 have a
bachelors degree or higher. This is down from the 1990 Census figure of 10.7%. This
does not compare favorably with the state's figure for 2000 of 29.5%.
Separate analyses of persons holding bachelors and advanced degrees, points to an
even weaker educational position for the Town. The 2000 Census figures indicate that
0-4 5-14 15-18 20-24 25-34 35-44 45-54 65+
5.6% of persons over age 25 have a bachelor's degree as compared with 12.79% for
the NRVPD and 17.9% for the state.
Regarding graduate and professional degrees, the 2000 Census indicates that only
3.8% of Town residents over age 25 hold an advanced or professional degree as
compared with 4.5% for Pulaski County, and 11.6% for the NRVPD and the state.
The Town has benefited significantly from the presence of New River Community
College. The percentage of Town residents over age 25 who hold an associate's degree
has nearly doubled from 4.3% in 1990 to 7.4% in 2000. This percentage for the 2000
Census is surpassed only by Pulaski County (7.9%) and is significantly higher that the
NRVPD's figure of 6.3%,and the state's figure of 5.6%. The proximity of the college to
the Town, the lower tuition, and the flexibility in scheduling and class offerings, make
New River an affordable4educational option for Town residents.
Income and Poverty and Transfer Payments-Page 4; Replaces Income Section
1.6.3.-Page 17
Income data from the 2000 Census indicated that generally the Town continues to lag
significantly behind the state in the level of income with respect to median incomes for
households, families, and non-family units.
The Town's median income statistics for 2000, showed a median household income of
$25,481 or 54.59% percent of the Virginia average median household income
($46,667). This represents a decrease of 3.41 % in relation to the state's median
household income from the 1990 Census figures.
The median family income for the Town for 2000 was $36,339. This was 67.08% of the
state's median family income of $54,169. Median non-family income ($12,256) for the
Town was only 41.35% of the state's figure ($29,642).
Growth was noted in the higher income brackets for households and families in the
Town, specifically the $150,000 and up income categories. The per capita income level
of the Town ($21,338) also compared favorably with the levels for the state ($23,775)
and the nation ($21,587).
Poverty and Transfer Payments and Income-Page 4; Replaces Income Section
1.6.3-Page 17
The continuing problems in manufacturing and in the economy in general combined to
impact the Town and County very strongly. Pulaski Gounty led the NRVPD in terms of
the percentage of households receiving income from public assistance (3.8%) and
Supplemental Security Income (SSI) (6:5%). Approximately 6.5% of Town households
receive income from public assistance and 8.6% of households receive benefits from
SSI. This rate is significantly higher than the percentages found in the state where 2.5%
percent of households receive income from public assistance payments and 3.5% from
SSI.
The Town also has a high percentage of households receiving income from Social
Security. Approximately 40.2% of Town households receive some form of payment from
Social Security. This is higher that the 32% rate for Pulaski County and significantly
higher than the 23.9% rate for the state.
According to the 2000 census, 21.8 percent of Town residents and 16.7 percent of
Town families are below the poverty level. In Virginia, 9.6 percent of residents and 7.0
percent of families are below the poverty level. This is an increase of 3.6% for residents
and 3.14% for families in the Town below the poverty line from the 1990 Census.
Employment-Page 4-5; Replaces Section 1.6.4. Employment-Page 18 and
Section 1.6.4.1 Industry-Page
~.
Employment
The Town's largest employment sector remains manufacturing with 35.9% percent of
employed persons. The second largest employment sector is educational, health, and
social services. Recent losses in retail employment are indicated by the moving of retail
trade to third in the number of persons employed.
Employment of Persons 16 Years Old and Over
(2000 Census)
Industry Number
Employed
2000 Percent of
Total
Employed
2000 =
Agriculture, Forestry, Fishing, Hunting,
Minin 17 0.4%
Construction 189 5.0%
Manufacturin 1,358 35.9%
Wholesale Trade 75 2.0%
Retail Trade 413 10.9%
Trans ortation, Warehousin ,Utilities 180 4.8%
Information 64 1.7%
Finance, Insurance, Real Estate, Rental and
Leasin 109 2.9%
Professional, Scientific, Management,
Administrative, Waste Mana ement Services 218 5.8%
Educational, Health & Social Services 628 16.6%
Arts, Entertainment, Recreation,
Accommodation, & Food Services 239 6.3%
Other Services exce t Public Administration 139 3.7%
Public Administration 154 4.1
Total 3,783
SUUhZCE: 2000 Census
Unemployment--Page 5; Replaces Section 1.6.5.--Unemployment-Page 21
Unemployment in Pulaski County has consistently remained above the State's and the
NRVPD's average unemployment levels.
Unemployment had been generally declining throughout the decade until 1999 when
layoffs at Volvo and losses of textile jobs impacted the area. The Town also
experienced a wave of closures by small businesses in 2000 and 2001 due either to
financial problems, under capitalization, or an inability to establish a customer base.
Regional losses of textile and heavy industries in addition to cutbacks in employment by
local industries in 2003 combined to push the unemployment rate higher.
!t appears that the North American Free Trade Agreement has affected local
businesses in that it presents a viable option to the Town's current manufacturers to
move their facilities, eitti~r in whole or in part, out of the country. An additional concern
is the increasing volume of trade with the People's Republic of China and with Asia in
general. This could prove an additional problem for the community in that low cost
imports could replace locally produced products in the marketplace.
These two trends acting together could also result in the outright closing of existing
manufacturing firms or transformation of remaining manufacturing establishments in the
Town into trade brokerage firms. Commodities would be produced exclusively overseas,
and the firm would simply oversee the ordering, shipment, and delivery to the customer
of the finished item or commodity. Both trends will result in significant losses of jobs to
the Town.
These two trends present the primary threat to the Town's economic base. Either trend,
together or by themselves, leaves the Town facing significant, if not fiscally fatal, losses
of industry, employment, and tax base. The Town must carefully monitor and, when
necessary, intervene to assist the local economy because of the extreme vulnerability of
local industries to relocation overseas and to market pressures from foreign
competition.
Workforce Commuting-Page 6; Replaces Section 1.6.6 Commuting Patterns
According to the 2000 Census, the balance of the number of workers commuting from
Pulaski County and into Pulaski County has shifted to the County's favor over the past
decade. With respect to in-commuting, the largest number of workers working in Pulaski
County comes from Montgomery County, with the second largest group coming from
Wythe County. Workers from Pulaski County working in other jurisdictions, tend to work
in Montgomery County and Radford City.
Workforce Transportation-Page 6; No Corresponding Section-Add to end of
Demographic Section
The rural nature of the area and scheduling of shifts results in a high level of single
occupant commuting, less commuting time, and earlier hours for commuting to work.
Over 85% of employed Town residents drove alone to work. Carpooling accounts for a
little over 14% of transportation for workers. Over three-fourths of workers have less
than a thirty minute commute, with one-quarter having a commute of from five to nine
minutes. One-half of all workers leave for work between 6:00 a.m. and 7:00 a.m.
Occupation-Page 6; Replaces Section 1.6.4.2.Occupation
The most common occupation in Town is production operators. This was expected
based on the nature of the Town's largest employers. The following table illustrates the
occupation of Town residents according to the 2000 Census.
Occupational Breakdown-Age 16 and Over
2000 Census
Occupation Number
Em to ed Percent of
Workforce
Management, Business & Financial Operations
Occu ation 290 9%
Professional and Related Occu ations 540 14.3°h
Healthcare Su ort Occu ations 70 1.9%
Protective Service Occu ations 120 3.2%
Food Pre aration & Servin Related Occu ations 243 6.4%
Building & Grounds Cleaning & Maintenance
Occu ations 135 3.6%
Personal Care & Service Occu ations 62 1.6%
Sales and Oftice Occu ations 857 22.9%
Farmin , Fishin & Forest Occu ations 26 0.7%
Construction, Extraction,& Maintenance
Occu ations 265 7.0%
Production Occu ations 904 23.9%
Trans ortation & Material Movin Occu ations 271 7.2%
Total 3,783
Amendments to goals, objectives and action steps shall be as follows:
(a) Overall Goal Page 7-"To provide for the orderly and efficient development of the
Town while protecting quality of life.
(b) Objective 1.1-Page 7-"All future development and redevelopment in the Town
shall be in accordance with the goals and objectives
outlined in this element and consistent with the General Land Use Map"
(c) Action Step 1.1.1-Page 7-"Staff and the Planning Commission shall refer to
the Comprehensive Plan and General Land Use Map in
reviewing all requests for zoning amendments."
(d) Action Step 1.1.2.-Page 7-"Staff and the Planning Commission shall review
the General Land Use Plan when appropriate to ensure that it is keeping pace with
development trends and long-term goals."
(e) Action Step 1.1.3-Page 7-"On a regular basis, staff shall review the Zoning
Code and Subdivision Ordinance which provide guidance for implementing the General
Land Use Plan and recommend changes to the Planning Commission and Town
Council."
(1) Action Step 1.1.4.-Page 7= `The Engineering Department shall maintain the
inventory of parcels that are vacant or marginally developed and catalog their
characteristics."-
(g) Action Step 1.1.5.-Page 7-"Development within the Town's 100-year flood
hazard area shall conform to the specifications of the National Flood Insurance Program
and the Town Building Code."
(h) Action Step 1.1.6-Page 7-"The Engineering Department shall continue its
development of a Geographical Information System (GIS) for use by Town departments
and provide the public with up-to-date land use data. The County should be requested
to include the Town's parcel data in the basic County GIS data base."
(i) Component Goal 2-Page 7-"Provide land use opportunities to support a full
range of housing types and values."
(j) Objective 2.1-Page 7-"Develop and maintain zoning districts which support,
protect, and encourage a variety "of housing neighborhoods."
(k) Action Step 2.1.1.-Page 8-"Review the provisions of the zoning ordinance to
assure compatible uses".
(1) Objective 3.1-Page 8-"To provide adequate land for commercial growth while
minimizing the impact on residential neighborhoods."
(m) Objective 3.2-Page 8-"To provide adequate land for industrial growth."
(n) Objective 5.1-Page 9-"Encourage the acquisition of parks and public
recreation facilities at strategic locations throughout the Town."
(o) Objective 5.2-Page 9-"To provide an effective and safe transportation
system."
(p) Objective 5.3-Page 9-"To provide sanitary sewer service to all areas of the
Town with sufficient capacity for residential, commercial and industrial use."
(q) Objective 5.4-Page 9-"To provide water service to all areas with sufficient
capacity, pressure, and storage to meet current and future needs."
(r) Objective 5.5-Page 9-"To promote the continued enhancement of those public
utility systems which are not provided directly by the Town."
(s) Action Step 5.1.4.-"Page 9-"Improve existing parks, playgrounds, and
ballfields making them more attractive and safer to the general public.
(t) Action Step 5.1.5-Page 9-"Acquire additional property for future park
development, especially in the 100-year floodplain."
(u) Objective 2.3-Page 8-"To improve the safety, appearance, and condition of
the Town's housing."
(v) Housing-"Seek to increase residential use of second floors of Downtown area"-
Page 15
~,-
(w) Housing-"Encourage the utilization of the R-5 Planned Unit Development
District."-Page 15
(x) Transportation Improvements-Highway-"Four laning of Bob White Boulevard."-
Page 15
(y) Transportation Improvements-Highway-"Construction of a Route 99-U.S. 11
connector."-Page 15
(z) Transportation Improvements-Highway-"Construction of a Pulaski Town
Business and Industrial Park access road (to be coordinated with Pulaski County-
Page 15
(aa) Transportation Improvements-Public Transportation-"Support efforts by the
New River Valley Senior Services to establish a public transportation service in Town
and to other points in the region.-Page 15
(ab) Transportation Improvements-Public Transportation-"Support passenger rail
service to Western Virginia."-Page 15
(ac) Transportation Improvements-Public Transportation-"Support the rebuilding of
-81."-Page 15
(ad) Transportation Improvements-Recreationati-"Seek to rebuild the Gatewood
Reservoir access."-Page 15
(ae) Transportation Improvements-Recreational"Complete the New River Trail to
the Pulaski Railroad Station."-Page 15.
Information on Opportunity Areas to be listed in a section entitled "Opportunity
Areas" shall be as follows:
(a fl Gatewood Opportunity Area
(ag) Route 99 East Opportunity Area-Page
-~-
(ah) Downtown Opportunity Area
(ai) Memorial Drive-North Route 11 Opportunity Area
(aj) Southside Opportunity Area
(ak) Bob White Boulevard Opportunity Area
(al) Additional Major Issues fo be Considered in Making Planning Decisions
Comprehensive Plan maps to be contained in a Comprehensive Plan Map Section
shall be as follows:
(am) Town of Pulaski Opportunity Areas Figure 1
(an) Town of Pulaski Future Land Use Figure 2
(ao) Town of Pulaski Transportation Plan Figure 3
(ap) Town of Pulaski Existing Zoning Figure 4
ORDINANCE 2005-20
FLOOD OVERLAY DISTRICT ZONING AMENDMENT AND
ZONING MAP AMENDMENT
WHEREAS, the Town Council of the Town of Pulaski, Virginia has deemed it in the interest of the
public health, welfare and safety for the Town and its citizens to participate in the National Flood
Insurance Program (NFIP); and,
WHEREAS, the Town Council wishes to facilitate participation in the program by a zoning amendment
and zoning map amendment to create a Flood Overlay District that will meet the minimum
requirements for the Town's citizens to participate in the National Flood Insurance Program (NFIP);
and,
WHEREAS, the Town Council, after having received an affirmative recommendation from the
Planning Commission to adopl~•a zoning amendment and zoning map amendment creating a Flood
Overlay District, conducted a duly noticed public hearing on April 5, 2005 in which the comments of
the public were sought and heard.
NOW THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia sitting in
regular session this 3`~ day of May 2005, that the Zoning Regulations for the Town of Pulaski shall be
amended to include §416 "Flood Overlay District" as shown in Attachment A made a part hereof as if
expressly set forth herein; and
BE IT FURTHER ORDAINED, by the Town Council of the Town of Pulaski that the definitions listed in
Attachment B, made a part hereof as if expressly set forth herein, be amended and incorporated into
§1102 "Definitions" to maintain the minimum standards for Town participation in the National Flood
Insurance Program.
BE IT FURTHER ORDAINED, by the Town Council of the Town of Pulaski that the Zoning Map for
the Town of Pulaski sha(I be amended to show the Flood Overlay District;
This ordinance is effective upon adoption and is hereby adopted this 3'~ day of May 2005 by recorded
vote of the Town Council as follows:
Jeffrey S. Worrell -Aye Lane R. Penn -Aye
Daniel Talbert, Jr. -Aye John T. Bolen -Aye
Bettye H. Steger -Aye Joel B. Burchett, Jr. -Aye
THE TOWN OF PULASKI, VIRGINIA
By:
Charles t_. Wade, Mayor
ATTEST:
Patricia Cruise, Clerk of Council
Attachment A
Section 416
Flood Overlay District (FD)
416.1 General Provisions
Section 416.1-1 Purpose.
The purpose of these provisions is to prevent the loss of life and property, the creation of health
and safety hazazds, the disruption of commerce and governmental services, the extraordinazy and
unnecessary expenditure of public funds for flood protection and relief, and the impairment of the
tax base by:
(1) Regulating uses, activities, and development which, alone or in combination. with other
existing or future uses, activities, and development, will cause unacceptable increases in
flood heights, velocities, and frequencies.
(2) Restricting or prohibiting certain uses, activities, and development from locating within
districts subject to flooding.
(3) Requiring all those uses, activities, and developments that do occur in flood-prone districts to
be protected and/or flood-proofed against flooding and flood damage.
(4) Protecting individuals from buying land and structures which are unsuited for intended
purposes because of flood hazards.
Section 416.1-2. Applicability.
These provisions shall apply to all lands within the jurisdiction of the Town of Pulaski, Virginia and
identified as being in the 100-year floodplain by the Federal Insurance Administration.
Section 416.1-3. Compliance and Liability.
(a) No land shall hereafter be developed and no structure shall be located, relocated,
constructed, reconstructed, enlazged, or structurally altered except in full compliance with
the terms and provisions of this ordinance and any other applicable ordinances and
regulations which apply to uses within the jurisdiction of this ordinance.
(b) The degree of flood protection sought by the provisions of this ordinance is considered
reasonable for regulatory purposes and is based on acceptable engineering methods of study.
Larger floods may occur on raze occasions. Flood heights may be increased by man-made or
natural causes, such as ice jams and bridge openings restricted by debris. This ordinance
does not imply that districts outside the floodplain district, or that land uses permitted within
such district will be free from flooding or flood damages.
(c} This ordinance shall not create liability on the part of the Town of Pulaski_or any officer or
employee thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
Section 416.1-4. Abrogation and Greater Restrictions.
This ordinance supersedes any ordinance currently in effect in flood-prone districts. However, any
underlying ordinance shall remain in full force and effect to the extent that its provisions are more
restrictive than this ordinance.
Section 416.1-5. Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared
invalid for any reason whatever, such decision shall not affect the remaining portions of this
ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the
provisions of this ordinance are hereby declared to be severable.
Section 416.1-6. Defuutions.
Base Flood/One-Hundred Year Flood -means the flood having a one percent chance of being
equaled or exceeded in any given year. [often referred to as the 100-year flood]
Base Flood Elevation (BFE) -The Federal Emergency Management Agency designated 100 -year
water surface elevation plus one additional foot in elevation.
Basement -Any area of the building having its. floor sub-grade (below ground level) on all sides.
Board of Zoning Appeals -The board appointed to review appeals made by individuals with regard
to decisions of the Zoning Administrator in the interpretation of this ordinance.
Development -Any man-made change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
Floodplain or flood prone area -Any land area susceptible to being inundated by water from any
source.
Floodway -The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height.
Freeboard - A factor of safety usually expressed in feet above a flood level for purposes of
floodplain management. "Freeboard" tends to compensate for the many unknown factors that
could contribute to flood heights greater than the height calculated for a selected size flood and
floodway conditions, such as wave action, bridge openings, and the hydrological effect of
urbanization in the watershed.
Lowest Floor -The lowest floor of the lowest enclosed area (including basement). An unfinished or
flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area
other than a basement area is not considered a building's lowest floor; provided, that such enclosure
is not built so as to render the structure in violation of the applicable non-elevation design
requirements of Federal Code 44CFR §60.3.
New Construction -For the purposes of determining insurance rates, structures for which the "start
of construction" commenced on or after the effective date of an initial FIRM or after December
31, 1974, whichever is later, and includes any subsequent improvements to such structures. For
floodplain management purposes, new construction means structures for which start of
construction commenced on or after the effective date of a floodplain management regulation
adopted by a community and includes any subsequent improvements to such structures.
Recreational Vehicle - A vehicle which is:
~~.
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) designed to be self-propelled or permanently towable by a light duty truck; and
(4) designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational camping, travel, or seasonal use.
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 percent of the market
value of the structure before the damage occurred.
Substantial Improvement -Any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before
the start of construction of the improvement. This term includes structures which have incurred
substantial damage regardless of the actual repair work performed. The term does not, however,
include either:
(1) any project for unprovement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions or
(2) any alteration of a historic structure, provided that the alteration will not preclude the
structures continued designation as a historic structure.
Sections 416.1-7 -416.1-30. Reserved
416 2. Establishment of Zoning Districts
Section 416.2-1. Description of Districts
(a) Basis of Districts
(1) The various floodplain districts shall include areas subject to inundation by waters of the
one hundred-year flood. The basis for the delineation of these districts shall be the Flood
Insurance Study (FIS) for the Town of Pulaski prepared by the Federal Emergency
Management Agency, Federal Insurance Administration, dated January 6, 1994, as
amended
(2) This subsection (a)(2) is for use where a floodway has been delineated and separate
floodway and flood-fringe districts will be established.
a. The Floodway District is delineated, for purposes of this ordinance, using the criterion that
certain areas within the floodplain must be capable of carrying the waters of the one
hundred (100)-year flood without increasing the water surface elevation of that flood more
than one (1) foot at any point. The areas included in this District are specifically defined in
Table 2 of the above-referenced Flood Insurance Study and shown on the accompanying
Flood Boundary and Floodway Map or Flood Insurance Rate Map.
b. The Flood-Fringe District shall be that area of the one hundred-year floodplain not
included in the Floodway District. The basis for the outermost boundary of the District
shall be the one hundred (100)-year flood elevations contained in the flood profiles of the
above-referenced Flood Insurance Study and as shown on the accompanying Flood
Boundary and Floodway Map or Flood Insurance Rate Map.
(3) The Approximated Floodplain District shall be that floodplain area for which no detailed
flood profiles or elevations are provided, but where a one hundred (100)-year floodplain
boundary has been approximated. Such areas are shown as Zone A on the maps
accompanying the Flood Insurance Study. For these areas, the one hundred (100)-year
flood elevations and floodway information from federal, state, and other acceptable
sources shall be used, when available. Where the specific one hundred (100)-year flood
elevation cannot be determined for this area using other sources of data, such as the
U. S. Army Corps of Engineers Floodplain Information Reports, U. S.
Geological Survey Flood-Prone Quadrangles, etc. , then the applicant for the proposed
use, development and/or activity shall determine this elevation in accordance with
hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses
shall be undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used correctly reflect
currently-accepted technical concepts. Studies, analyses, computations, etc., shall be
submitted in sufficient detail to allow a thorough review by the Town Council and
administration of the Town of Pulaski..
(4) The Community shall require that all new subdivision proposals and other proposed
developments (including proposals for manufactured home parks and subdivisions) greater
than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood
elevation data. [Code of Federal Regulations 44CFR 60.3(b) section (3).]
(b) Overlay Concept
(1) The Floodplain Districts described above shall be overlays to the existing underlying
districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for
the floodplain districts shall serve as a supplement to the underlying district provisions.
(2) Any conflict between the provisions or requirements of the Floodplain Districts and those
of any underlying district, the more restrictive provisions and/or those pertaining to the
floodplain districts shall apply.
(3) In the event any provision concerning a Floodplain District is declared inapplicable as a
result of any legislative or administrative actions or judicial decision, the basic underlying
provisions shall remain applicable.
Section 416.2-2. Official Zoning Map
The boundaries of the Floodplain Districts are established as shown on the Flood Boundary and
Floodway Map and/or Flood Insurance Rate Map which is declared to be a part of this ordinance
and which shall be kept on file at the Town of Pulaski Engineering Department offices.
Section 416.2-3. District Boundar~Changes
The delineation of any of the Floodplain Districts may be revised by the Town of Pulaski where
natural or man-made changes have occurred and/or where more detailed studies have been
conducted or undertaken by the U. S. Army Corps of Engineers or other qualified agency, or an
individual documents the need for such change. However, prior to any such change, approval must
be obtained from the Federal Insurance Administration.
Section 416.2-4. Interpretation of District Boundaries
Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning
Officer. Should a dispute arise concerning the boundaries of any of the Districts, the Board of
Zoning Appeals shall make the necessary determination. The person questioning or contesting the
location of the District boundary shall be given a reasonable opportunity to present his case to the
Board and to submit his own technical evidence if he so desires.
Sections 416.2-5-416.2-300. Reserved.
416.3. District Provisions -~-
Section 416.3-1. General Provisions
(a) Permit requirement. All uses, activities, and development occurring within any floodplain district
shall be undertaken only upon the issuance of a zoning permit. Such development shall be
undertaken only in strict compliance with the provisions of the Ordinance and with all other
applicable codes and ordinances, such as the 2000 International Building Code and Appendix G-
Flood Resistant Construction, as amended and the Town of Fulaski Subdivision Regulations.
Prior to the issuance of any such permit, the Zoning Officer shall require all applications to
include compliance with all applicable state and federal laws. Under no circumstances shall any
use, activity, and/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
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, 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 Administration.
(c) Drainage facilities. Storm drainage facilities shall be designed to convey the flow of storm
water runoff in a safe and efficient manner. The system shall insure proper drainage along
streets, and provide positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(d) Site plans and permit applications. All applications for development in the floodplain district
and all building permits issued for the floodplain shall incorporate the following information:
(1} For structures to be elevated, the elevation of the lowest floor (including basement).
(2) For structures to be flood-proofed (non-residential only), the elevation to which the
structure will be flood-proofed.
(3) The elevation of the one hundred -yeaz flood.
(4) Topographic information showing existing and proposed ground elevations.
(e) Recreational vehicles.
(1) Recreational vehicles placed on sites either:
a. Be on the site for fewer than 180 consecutive days, be fully licensed and ready for
highway use, or
~.
b. Meet the permit requirements for placement and the elevation and anchoring requirements
for manufactured homes as contained in the Uniform Statewide Building Code.
(2) 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.
Section 416.3-2. Floodwav District
In the Floodway District no encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standazd engineering practice that
the proposed encroachment would not result in any increase in the one hundred (100)-yeaz flood
elevation.
Section 416.3-3. Permitted Uses in the Floodwav District
The following uses and activities are permitted provided that they aze in compliance with the
provisions of the underlying azea and are not prohibited by any other ordinance and provided that
they do not require structures, fill, or storage of materials and equipment:
(1). Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries,
horticulture, truck fazming, forestry, sod fazming, and wild crop hazvesting.
(2) Public and private recreational uses and activities, such as parks, day camps, picnic grounds,
golf courses, boat launching and swimming areas, horseback riding and hiking trails, wildlife
and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and
fishing areas.
(3) Accessory residential uses, such as yazd areas, gazdens, play areas, and pervious loading azeas.
(4) Accessory industrial and commercial uses, such as yard areas, pervious parking and loading
areas, airport landing strips, etc.
Section 416 3-4 Flood-Fringe and Approximated Floodplain Districts
(a) In the Flood-Fringe and Approximated Floodplain Districts, the development and/or use of land
shall be permitted in accordance with the regulations of the underlying area provided that all
such uses, activities, and/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.
(b) Within the Approximated Floodplain District, all new subdivision proposals and other
purposed developments (including proposals for manufactured home parks and
subdivisions) greaterthan 50 lots or five (5) acres, whichever is the lesser, include within
such proposals base flood elevation data. The applicant shall also delineate a floodway area
based on the requirement that all existing and future development not increase the one
hundred (100)-year flood elevation more than one foot at any one point. The engineering
principle--equal reduction of conveyance--shall be used to make the determination of
increased flood heights.
(c) Within the floodway area delineated by the applicant, the provisions of Section 416.3-2 shall
apply.
` Sections 416.3-5-416.3-30. Reserved.
416.4. Variances
Section 416.4-1 Factors to be Considered.
(a) In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant
factors and procedures specified in other sections of the zoning ordinance and consider the
following additional factors:
(1) The danger to life and property due to increased flood heights or velocities caused by
encroachments. No variance shall be granted for any proposed use, development, or
activity within any Fooodway District that will cause any increase in the one hundred (100)-
year flood elevation.
(2) The danger that materials may be swept on to other lands or downstream to the injury of
others.
(3) The proposed water supply and sanitation systems and the ability of these systems to 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 comprehensive plan and floodplain management
program for the area.
(10) The safety of access by ordinary and emergency vehicles to the property in time of flood.
_a,.
(11) The expected heights, velocity, duration, rate of rise ,and sediment transport of the flood
waters expected at the site.
(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.
r (13)Such other factors which are relevant to the purposes of this ordinance.
(b) The Board of Zoning Appeals may refer any application and accompanying documentation
pertaining to any request for a variance to any engineer or other qualified person or agency for
technical assistance in evaluating the proposed project in relation to flood heights and velocities,
and the adequacy of the plans for 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 will not result in (a) unacceptable or prohibited increases in flood heights, (b)
additional threats to public safety, (c) extraordinary public expense; and will not (d) create
nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or
ordinances.
(d) Variances shall be issued only after the Board of Zoning Appeals has determined that variance
will be the minimum required to provide relief from any hardship to the applicant.
(e) The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the
issuance of a variance to construct a structure below the one hundred (100)-year flood elevation
increases the risks to life and property and will result in increased premium rates for flood
insurance.
(f) A record shall be maintained of the above notification as well as all variance actions, including
justification for the issuance of the variances. Any variances which are issued shall be noted in
the annual or biennial report submitted to the Federal Insurance Administrator.
Section 416.4-2-416.4-20. Reserved.
DIVISION 416.5. Existing Structures in Floodplain Districts
Section 416.5-1
A structure or use of a structure or premises which lawfully existed before the enactment of these
provisions, but which is not in conformity with these provisions, may be continued subject to the
following conditions:
(1) Existing structures in the Floodway District shall not be expanded or enlarged unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed expansion would not result in any increase in the one
hundred-year flood elevation.
(2) Any modifications, alteration, repair, reconstruction, or improvement of any kind to.a structure
and/or use located in any ~loodplain area to an extent or amount of less than fifty (50) percent of
its market value, elevation and/or flood-proofing should be considered to the greatest extent
possible.
(3) The modification, alteration, repair, reconstruction, or improvement of any kind to a structure
and/or use, regardless of its locations in a floodplain area, to an extent or amount of fifty (50)
percent or more of its market value shall be undertaken only in full compliance with the
provisions of this ordinance and the Virginia Uniform Statewide Building Code.
Attachment B
List of Amended Definitions
Term Amended Definition Location of Amended
Definition
base flood/one hundred year base flood/one hundred year Page 123
flood flood-means the flood having a
one percent chance of being
equaled or exceeded in any
given year [often referred to as
the 100- ear flood .
basement basement-Any area of the Page 116
building having its floor sub-
grade (below ground level) on all
sides
development development-(1) Any man- Page 118
made change to improved or
unimproved real estate including,
but not limited to, buildings or
other structures, mining,
dredging, filling, grading, paving,
excavation or drilling operations
or storage of equipment or
materials or, 2 an real estate
having been subjected to or
intended for man-made change.
floodplain or flood-prone area floodplain or flood-prone area- Page 119
Any land area susceptible to
being inundated by water from
an source.
floodway floodway-The channel of a Page 119
river or other watercourse and
the adjacent land areas that must
be reserved in order to discharge
the base flood without
cumulatively increasing the water
surface elevation more than one
foot as required by Federal
regulations.
recreational vehicle ~~, recreational vehicle-A vehicle Page 124
which is: (1) built on a single
chassis; (2) 400 square feet or
less when measured at the
largest horizontal projection; (3)
designed to be self-propelled, or
permanently towable by a light
duty truck; and (4) designed
primarily not for use as a
permanent dwelling but as
temporary living quarters for
recreational camping, travel, or
seasonal use
I, Patricia Cruise, Clerk of Council, certify that the forgoing Ordinance
2005-19 Ordinance Amending the Comprehensive Plan by Adoption of
Amendments in planning Commission Resolution 200-01 is a true and
correct copy as adopted by the Pulaski Town Council at their regular
meeting on May 3, 2005.
.~,.
Patricia Cruise, Clerk~of Council
TC/cJordinance/certification 2005.19