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Ordinance 2004-34
An Ordinance Amending Chapter 46, Article II, The Town Code of the Town of Pulaski
Virguua
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Adopted: November 2, 2004
Effective: November 2, 2004
ORDINANCE 2004-34
AN ORDINANCE AMENDING CHAPTER 46, ARTICLE II,
OF THE TOWN CODE
OF THE TOWN OF PULASKI VIRGINIA
WHEREAS, the Town Council desires the Town to participate in programs offered by
the Federal Government for the abatement of flooding and flood damages; and
WHEREAS, the Town Council has determined that amending Chapter 46, Article 11 of
the Town Code, entitled "Flood Damage Reduction" is necessary for the protection of
life and property within tk~e Town limits; and
WHEREAS, the Planning Commission and Town Council conducted a joint public
hearing regarding the proposed amendments for flood reduction on November 2, 2004
wherein the comments of the public were heard and considered; and
NOW THEREFORE, be it ORDAINED that the Town Council of the Town of Pulaski
sitting in regular session on this 2nd day of November, 2004, hereby adopts the
amendments to Chapter 46, Article 11 as contained in Attachment A of this ordinance.
This ordinance is adopted and is effective upon adoption this 2nd day of November,
2004, by recorded vote as follows:
Jeffrey S. Worrell -Aye Lane R. Penn -Aye:
Dan Talbert, Jr. -Aye John T. Bolen - Aye
Bettye H. Steger -Aye Joel B. Burchett, Jr. -Aye
THE TOWN OF PULASKI, VIRGINIA
By:
Charles L. Wade, Mayor
ATTEST:
Patricia Cruise, Clerk of Council
ORDINANCE N0.2004-34
ATTACHMENT A
DIVISION I. GENERAL PROVISIONS
Section 46-31. Purpose.
The purpose of these provisions is to prevent the loss of life and property, the creation of health
and safety hazards, the disruption of commerce and governmental services, the extraordinary and
unnecessary expenditure of public funds for flood protection and relief, and the impairment of
the tax base by:
(1) Regulating uses, activities, and development which, alone or in combination with other
existing or future uses, activities, and development, will cause unacceptable increases in
flood heights, velocities, and frequencies.
(2) Restricting or prohibiting certain uses, activities, and development from locating within
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 46-32. Annlicabilit
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 46-33. Compliance and liability
(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 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 rare 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 46-34. 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 46-35. 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 46-36. Definitions.
Base FloodlOne-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.
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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 improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to
assure safe living conditions or
(2) any alteration of a historic structure, provided that the alteration will not preclude
the structures continued designation as a historic structure.
Sections 46-37 -46-60. Reserved
DIVISION 2. ESTABLISHMENT OF ZONING DISTRICTS
Section 46-61. 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 undea~lying 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 46-62. 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 46-63. District Boundary Changes
The delineation of any of the Floodplain Districts maybe 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 46-64. 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 46-65-46-90. Reserved.
DIVISION 3. DISTRICT PROVISIONS
Section 46-91. 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 Pulaski 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 -year flood.
(4) Topographic information showing existing and proposed ground elevations.
(e) Recreational vehicles.
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(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 46-92. Floodwav District
In the Floodway Districtm,.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 standard engineering practice
that the proposed encroachment would not result in any increase in the one hundred (100)-year
flood elevation.
Section 46-93. Permitted Uses in the Floodwav District
The following uses and activities are permitted provided that they are in compliance with the
provisions of the underlying area 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 farming, forestry, sod farming, and wild crop harvesting.
(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 yard areas, gardens, play areas, and pervious loading
areas.
(4) Accessory industrial and commercial uses, such as yard areas, pervious parking and loading
areas, airport landing strips, etc.
Section 46-94 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)
greater than 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 ofconveyance--shall be used to make the determination of increased flood heights.
(c) Within the floodway area delineated by the applicant, the provisions of Section 46-92 shall
apply.
Sections 46-96--46-120. Reserved.
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DIVISION 4. VARIANCES
Section 46-121. 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 Floodway 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.
(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.
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(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,
5~ (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 46-122-46-140. Reserved.
DIVISION 5. EXISTING STRUCTURES IN FLOODPLAIN DISTRICTS
Section 46-141.
E 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:
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(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 floodplain 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.
_ I, Patricia Cruise, Clerk of Council, certify that the foregoing Ordinance 2004-
~ 34, An Ordinance Amending Chapter 46, Article II, The Town Code of the Town of
Pulaski Virginia is a true and correct copy as adopted by the Pulaski Town Council at
their regular meeting on 1Vovember 2, 20Q4.
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Patricia Cruise, Clerk of Council
TC/clordinanceJcertification 2004-34