ARTICLE XXI#

FLOODPLAIN ZONING#

DIVISION 1. - GENERAL PROVISIONS#

Sec. 74-901. - Statutory authority and purpose.#

This article is adopted pursuant to the authority granted to localities by Code of Virginia § 15.2-2280. The purpose of this article 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 floodproofed against flooding and flood damage; and

(4) Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

Editor's note— Ord. No. 24-01, adopted Apr. 9, 2024, amended the title of § 74-901 to read as herein set out. The former § 74-901 title pertained to purpose.

Sec. 74-902. - Applicability.#

This article shall apply to all unincorporated lands within the jurisdiction of Cumberland County, Virginia and identified as being in the one hundred-year floodplain by the Federal Insurance Administration and any of its successors in interest.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-903. - Compliance, liability and administration.#

(a) Compliance and liability.

(1) 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.

(2) 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. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas or districts outside the floodplain district, or that land uses permitted within such district will be free from flooding or flood damages.

(3) Records of actions associated with administering this article shall be kept on file and maintained by the zoning administrator.

(4) This article shall not create liability on the part of Cumberland County or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(b) Administration.

(1) Designation of the Floodplain Administrator. The County Administrator is appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:

a. Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

b. 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 C.F.R. Section 59.22.

(2) Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:

a. Review applications for permits to determine whether proposed activities will be located in the Special Flood Hazard Area (SFHA).

b. Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

c. 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.

d. 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, 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 non-tidal waters of Virginia.

e. Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEQ, USACE), and have submitted copies of such notifications to FEMA.

f. 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.

g. 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 non-compliance has occurred or violations have been committed.

h. Review elevation certificates and require incomplete or deficient certificates to be corrected.

i. 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 Cumberland County within six (6) months after such data and information becomes available if the analyses indicate changes in base flood elevations.

j. Maintain and permanently keep records that are necessary for the administration of these regulations, including:

1. Flood insurance studies, flood insurance rate maps (including historic studies and maps and current effective studies and maps), and letters of map change; and

2. Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, inspection records, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

k. Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.

l. 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.

m. Administer the requirements related to proposed work on existing buildings:

1. 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.

2. Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the non-compliant 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.

n. 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.

o. Notify the Federal Emergency Management Agency when the corporate boundaries of the Cumberland County have been modified and:

1. 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

2. 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 at the same time as or prior to 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.

p. 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 SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

q. It is the duty of the Community 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).

(3) Use and interpretation of FIRMs. The Floodplain Administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:

a. Where field surveyed topography indicates that adjacent ground elevations:

1. Are below the base flood elevation in riverine SFHAs, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations;

2. Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the SFHA.

b. In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a Federal, State, or other source shall be reviewed and reasonably used.

c. Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.

d. Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.

e. If a preliminary flood insurance rate map and/or a preliminary flood insurance study has been provided by FEMA:

1. Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.

2. Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data.

3. Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

(4) Submitting model backed 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 (6) months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. The community may submit data via a LOMR. 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.

(5) Letters of map revision. When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a conditional letter of map revision and then a letter of map revision.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

Editor's note— Ord. No. 24-01, adopted Apr. 9, 2024, amended the title of § 74-903 to read as herein set out. The former § 74-903 title pertained to compliance and liability.

Sec. 74-904. - Abrogation and greater restrictions.#

This article is not intended to repeal or abrogate or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-905. - Severability.#

If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article, which shall remain in full force and effect, and to this end the provisions of this article are hereby declared to be severable.

(Ord. No. 09-03, 5-12-2009)

DIVISION 2. - DEFINITIONS#

Sec. 74-906. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure.

Addition means any improvement to an existing building or structure that increases the floor area, height, or footprint of the building or structure.

Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this article or a request for a variance.

Area of shallow flooding means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO Zone flooding is characterized by sheet flow and AH Zone flooding is characterized by ponding.

Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE) means the elevation of the water surface elevation resulting from a flood that has a one (1) percent chance of equaling or exceeding that level in any given year.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Building means any structure built for support, shelter, or enclosure for any occupancy or storage.

Community means Cumberland County, Virginia.

Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project that would, upon construction, result in the modification of the Special Flood Hazard Area.

Critical facility means any facility, including, but not limited to, hospitals, nursing homes, police stations, fire stations, emergency operations centers, data storage centers, and public utility facilities, which is deemed critical to the health, safety, and welfare of the public.

Development means 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.

Elevated building means a non-basement building built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-V30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and beams), or shear walls parallel to the floor of the building.

Elevation certificate means the National Flood Insurance Program Elevation Certificate, FEMA Form 81-31, used to document building elevations and other relevant data.

Existing construction means, for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs that became effective prior to that date.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEMA means the Federal Emergency Management Agency.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; or

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

Flood Insurance Rate Map (FIRM) means the official map of a community, issued by the Administrator, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.

Flood Insurance Study (FIS) means the official report provided by FEMA that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

Floodplain means any land area susceptible to being inundated by water from any source (see definition of "flooding").

Floodplain management regulations means this article and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes Federal, State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means 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 one (1) foot.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading/unloading of cargo or passengers, and ship building/repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary as qualifying as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved state program as determined by the Secretary of the Interior; or

b. Directly by the Secretary of the Interior in states without approved programs.

Letter of Map Change (LOMC) means an official FEMA determination, by letter, to amend or revise a Flood Insurance Rate Map. LOMCs include Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), and Letter of Map Revision Based on Fill (LOMR-F).

Letter of Map Revision (LOMR) means FEMA's official revision of an effective Flood Insurance Rate Map.

Lowest floor means 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 requirement of this article.

Manufactured home means 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 attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

New construction means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of the initial Flood Insurance Rate Map, January 1, 1975, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.

Recreational vehicle means a vehicle which is:

(1) Built on a single chassis;

(2) Four hundred (400) square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Special Flood Hazard Area (SFHA) means the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Structure means a walled and roofed building that is principally above ground, as well as a manufactured home, a gas or liquid storage tank that is principally above ground.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

Variance means a grant of relief by the Board of Zoning Appeals from the terms of this article.

Violation means 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 this article is presumed to be in violation until such time as that documentation is provided.

Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically.

(Ord. No. 09-03, 5-12-2009)

DIVISION 3. - ESTABLISHMENT OF ZONING DISTRICTS#

Sec. 74-907. - Description of districts.#

(a) The various floodplain districts are designated as follows:

(1) The Floodway District;

(2) The Special Floodplain District;

(3) The Approximate Floodplain District.

(b) The boundaries of the Floodway District and the Special Floodplain District shall be those shown on the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for Cumberland County, Virginia, as provided by FEMA.

(c) The Approximate Floodplain District shall be those areas of the one hundred-year floodplain identified as Zone A on the FIRM, where no base flood elevations are provided.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-908. - Official flood hazard area and floodplain map.#

The Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for Cumberland County, Virginia, prepared by FEMA, and any subsequent revisions or amendments thereto, are hereby adopted by reference as the official flood hazard area and floodplain map for Cumberland County.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-909. - District boundary changes.#

The delineation of any of the floodplain districts may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, the Virginia Department of Conservation and Recreation, or other qualified agency, or where changes are made to the FIRM or FIS. Prior to any such change, approval must be obtained from the Federal Emergency Management Agency.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-910. - Interpretation of district boundaries.#

The Floodplain Administrator shall make interpretations of the boundaries of the floodplain districts where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Floodplain Administrator and to submit his own technical evidence if he so desires.

(Ord. No. 09-03, 5-12-2009)

DIVISION 4. - DISTRICT PROVISIONS#

Sec. 74-911. - Permit and application requirements.#

(a) No person shall engage in any development, construction, alteration, or improvement of any land or structure within a floodplain district without first obtaining a permit from the Floodplain Administrator.§ Applications for permits shall be made on forms furnished by the Floodplain Administrator and shall include the following:

(1) The name and address of the applicant;

(2) The legal description of the property and the location of the proposed development;

(3) A site plan showing the location of the proposed development, the existing and proposed contours at two-foot intervals, and the location of the one hundred-year floodplain boundary;

(4) The base flood elevation at the proposed development site;

(5) A description of the proposed development and its intended use;

(6) Such other information as the Floodplain Administrator may reasonably require.

(b) No permit shall be issued until the Floodplain Administrator has determined that the proposed development is in compliance with the provisions of this article.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-912. - General standards.#

(a) All development within any floodplain district shall:

(1) Be consistent with the need to minimize flood damage;

(2) Use construction methods and practices that will minimize flood damage;

(3) Use construction materials and utility equipment that are resistant to flood damage;

(4) Be adequately anchored to prevent flotation, collapse, or lateral movement;

(5) Have electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(6) Not increase the base flood elevation;

(7) Not alter a watercourse without prior notification to adjacent communities, the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies, and without submission of copies of such notifications to FEMA;

(8) Not place fill or other materials in the floodplain except in compliance with the provisions of this article.§

(b) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.§

(c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.§

(d) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.§

(Ord. No. 09-03, 5-12-2009)

Sec. 74-913. - Specific standards.#

(a) In all areas of special flood hazard where base flood elevation data are available, the following standards shall apply:

(1) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.§

(2) Non-residential construction. New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

a. Be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water;

b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the Floodplain Administrator.

(3) Manufactured homes. All manufactured homes to be placed or substantially improved within a special flood hazard area shall be:

a. Elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation; and

b. Securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

(4) Recreational vehicles. Recreational vehicles placed on sites within a special flood hazard area shall either:

a. Be on the site for fewer than one hundred eighty (180) consecutive days; or

b. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions.

(5) Accessory structures. Accessory structures, as defined in section 74-906, may be constructed below the base flood elevation provided that the structure is:

a. Designed and constructed with flood resistant materials;

b. Adequately anchored to prevent flotation, collapse, or lateral movement;

c. Equipped with flood openings that meet the following criteria:

1. There are a minimum of two (2) openings on different sides of each enclosed area;

2. The total net area of all openings is at least one (1) square inch for each square foot of enclosed area;

3. The bottom of each opening is no higher than one (1) foot above the adjacent grade;

4. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(b) In areas of special flood hazard where base flood elevation data have not been provided (Zone A), the following standards shall apply:

(1) The Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, as criteria for requiring that new construction, substantial improvements, or other development in such areas meet the requirements of this section.

(2) Until base flood elevation data are available, new construction and substantial improvements of any residential structure shall have the lowest floor, including basement, elevated to at least two (2) feet above the highest adjacent grade.§

(3) Until base flood elevation data are available, new construction and substantial improvements of any non-residential structure shall either have the lowest floor, including basement, elevated to at least two (2) feet above the highest adjacent grade; or, together with attendant utility and sanitary facilities, be floodproofed to at least two (2) feet above the highest adjacent grade.§

(Ord. No. 09-03, 5-12-2009)

Sec. 74-914. - Standards for approximate floodplain district.#

(a) The Approximate Floodplain District consists of those areas identified as Zone A on the FIRM, where no base flood elevations are provided.

(b) In the Approximate Floodplain District, the following standards shall apply:

(1) All development shall comply with the general standards of section 74-912.§

(2) New construction and substantial improvements of any residential structure shall have the lowest floor, including basement, elevated to at least two (2) feet above the highest adjacent grade.

(3) New construction and substantial improvements of any non-residential structure shall either have the lowest floor, including basement, elevated to at least two (2) feet above the highest adjacent grade; or, together with attendant utility and sanitary facilities, be floodproofed to at least two (2) feet above the highest adjacent grade.

(4) Manufactured homes shall be elevated on a permanent foundation such that the lowest floor is elevated to at least two (2) feet above the highest adjacent grade and securely anchored.§

(5) The Floodplain Administrator may require the applicant to obtain base flood elevation data from a Federal, State, or other source if such data are reasonably available.§

(Ord. No. 09-03, 5-12-2009)

Sec. 74-915. - Standards for the special floodplain district.#

(a) The Special Floodplain District consists of those areas identified as Zones A1-A30, AE, AH, and AO on the FIRM, where base flood elevations have been provided.

(b) In the Special Floodplain District, the following standards shall apply:

(1) All development shall comply with the general standards of section 74-912 and the specific standards of section 74-913(a).§

(2) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.

(3) New construction and substantial improvement of any non-residential structure shall either have the lowest floor, including basement, elevated to or above the base flood elevation; or, together with attendant utility and sanitary facilities, be floodproofed to or above the base flood elevation.§

(4) Manufactured homes shall be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and securely anchored.§

(5) In areas of shallow flooding (Zones AO and AH), the following standards shall apply:

a. In Zone AO areas, new construction and substantial improvements of any residential or non-residential structure shall have the lowest floor, including basement, elevated to or above the depth number specified on the FIRM, measured from the highest adjacent grade. If no depth number is specified, the lowest floor shall be elevated at least two (2) feet above the highest adjacent grade.§

b. In Zone AH areas, new construction and substantial improvements of any residential or non-residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.§

c. Adequate drainage paths shall be provided around structures on slopes to guide floodwaters away from such structures.§

(Ord. No. 09-03, 5-12-2009)

Sec. 74-916. - Standards for the floodway.#

(a) The Floodway District consists of those areas designated as floodway on the FIRM and FIS.

(b) In the Floodway District, the following standards shall apply:

(1) No development shall be permitted within the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed development will not result in any increase in the base flood elevation.§

(2) The hydrologic and hydraulic analyses shall be prepared by a licensed professional engineer and submitted to the Floodplain Administrator for review and approval.§

(3) If the applicant demonstrates that the proposed development will not increase the base flood elevation, the development shall also comply with all other applicable provisions of this article.§

(4) The Floodplain Administrator shall require the applicant to obtain a Conditional Letter of Map Revision (CLOMR) from FEMA prior to issuing a permit for any development that will cause a change in the base flood elevation.§

(Ord. No. 09-03, 5-12-2009)

Sec. 74-917. - Standards for subdivision proposals.#

(a) All subdivision proposals shall be consistent with the need to minimize flood damage.§

(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.§

(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.§

(d) Where base flood elevation data are not available, the applicant shall provide base flood elevation data for subdivision proposals and other proposed developments containing at least fifty (50) lots or five (5) acres, whichever is less.§

(e) All subdivision proposals shall be reviewed to ensure that such proposals are consistent with the need to minimize flood damage and that all necessary permits have been obtained from those Federal, State, and local governmental agencies from which approval is required.

(Ord. No. 09-03, 5-12-2009)

DIVISION 5. - VARIANCES AND VIOLATIONS#

Sec. 74-918. - Variances.#

(a) The Board of Zoning Appeals may grant a variance from the provisions of this article, in accordance with the provisions of Article XIX of this chapter, provided that:

(1) The variance shall not cause any increase in the base flood elevation;

(2) The variance shall only be granted upon a showing of good and sufficient cause;

(3) The variance shall only be granted if the variance is the minimum necessary, considering the flood hazard, to afford relief;

(4) The variance shall only be granted if there is a showing that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

(5) The variance shall only be granted if the structure or development is not located in the floodway;

(6) The variance shall only be granted if the structure or development will not be a danger to public health and safety.

(b) Variances shall not be granted within any designated floodway if any increase in flood levels during the base flood discharge would result.

(c) Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(d) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(e) The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance, and shall report such variances issued in its biennial report to FEMA.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-919. - Violations.#

(a) Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of, any of the provisions of this article shall, upon conviction, be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each offense. Each day of violation shall constitute a separate offense.

(b) In addition to any other penalty, the County may institute injunctive, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove any violation of this article.

(c) The Floodplain Administrator is authorized to issue stop work orders for any development that is being carried out in violation of this article.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-904. - Abrogation and greater restrictions.#

This article 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 article.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-905. - Severability.#

If any subdivision, section, subsection, paragraph, sentence, clause or phrase of this article shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this article. The remaining portions shall remain in full force and effect; and for this purpose, the provisions in this article are hereby declared to be severable.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-906. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:

Appurtenant or accessory structure means a nonresidential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures are not to exceed six hundred (600) square feet.§

Base flood means a flood having one percent (1%) chance of being equaled or exceeded in any given year.

Base flood elevation means the elevation of surface water resulting from a flood that has a one percent (1%) chance of equaling or exceeding that level in any given year. The BFE is shown on the flood insurance rate map (FIRM).

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Elevated building means 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 means 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.

Existing construction means, for the purposes of the insurance program, structures for which the "start of construction" commenced before the effective date of the FIRM.

Flood or flooding means:

1. A general or 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 waters from any source.

2. The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)a. of this definition.

3. Mudflows which are proximately caused by flooding as defined in paragraph (1) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

Flood insurance study (FIS) means a report by FEMA that examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means 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 one (1) foot at any point in the community.

Freeboard means 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 bridge openings and the hydrological effect of urbanization in the watershed.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states without approved programs.

Hydrologic and hydraulic engineering analysis means analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

Letters of map change (LOMC) means an official FEMA determination, by letter, that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

1. Letter of map amendment (LOMA) means an amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a land as defined by meets and bounds or structure is not located in a special flood hazard area.
2. Letter of map revision (LOMR) means a revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A letter of map revision based on fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.
3. Conditional letter of map revision (CLOMR) means a formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study.

Lowest adjacent grade means the lowest natural elevation of the ground surface next to the walls of a structure.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking 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 nonelevation design requirements of federal regulations at 44 C.F.R. § 60.3.

Manufactured home means a structure, transportable in one (1) 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 one hundred eighty (180) consecutive days.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on a community's FIRM are referenced.

New construction means structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after effective date of community's first floodplain management ordinance adopted by the community and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within one hundred eighty (180) days of permit issuance.

Post-FIRM structures means, for floodplain management purposes, a structure or other development for which the "start of construction" occurred on or after the effective date of the initial flood insurance rate map.

Pre-FIRM structures means, for floodplain management purposes, a structure or other development for which the "start of construction" occurred before the effective date of the initial flood insurance rate map.

Recreational vehicle means a vehicle which is:

1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.

Repetitive loss structure means a building covered by a contract for flood insurance that has incurred flood-related damages on two (2) occasions in a ten-year period, in which the cost of the repair, on the average, equalled or exceeded twenty-five percent (25%) of the market value of the structure at the time of each such flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

Severe repetitive loss structure means a structure that:

1. Is covered under a contract for flood insurance made available under the NFIP; and
2. Has incurred flood related damage: a. For which four (4) or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding five thousand dollars ($5,000.00), and with the cumulative amount of such claims payments exceeding twenty thousand dollars ($20,000.00); or b. For which at least two (2) separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure.

Shallow flooding area means a special flood hazard area with base flood depths from one (1) to three (3) 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 means the land in the floodplain subject to a one percent (1%) or greater chance of being flooded in any given year as determined in section 74-908 of this article.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the 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 means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) 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 structure's continued designation as a "historic structure."

Violation means 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 this article is presumed to be in violation until such time as that documentation is provided.

Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

Cross reference—Definitions generally, § 1-2.

Sec. 74-907. - Description of districts.#

Basis of districts. The various special flood hazard districts shall include the SFHAs. The basis for the delineation of these districts shall be the FIS and the FIRM for Cumberland County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated May 22, 2024, and any subsequent revisions or amendments thereto.

Cumberland County may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a "local flood hazard map" using best available topographic data and locally derived information such as flood of record, historic high water marks, or approximate study methodologies.

The boundaries of the SFHA districts are established as shown on the FIRM which is declared to be a part of this article and which shall be kept on file at Cumberland County's offices.

(1) Floodway District#

The floodway district is in an AE zone and is delineated, for purposes of this article, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one percent (1%) annual chance 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 FIS and shown on the FIRM.

The following provisions shall apply within the floodway district of an AE zone:

a. Encroachment Standards#

Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 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 Floodplain Administrator.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies—with Cumberland County's endorsement—for a conditional letter of map revision (CLOMR), and receives the approval of the Federal Emergency Management Agency.§

b. Manufactured Homes#

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 the anchoring, elevation, and encroachment standards are met.

c. Permitted Uses#

In the floodway, the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance and provided that they comply with subsection a. above:

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 shooting 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.

(2) AE and AH Zones#

The AE, or AH zones, on the FIRM accompanying the FIS shall be those areas for which one percent (1%) annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone where FEMA has provided base flood elevations:

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, AE, or AH on the FIRM, 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 (1) foot at any point within Cumberland County.§

Development activities in zones A1-30, AE, or AH on Cumberland County's FIRM which increase the water surface elevation of the base flood by more than one (1) foot may be allowed, provided that the applicant first applies—with Cumberland County's endorsement—for a conditional letter of map revision, and receives the approval of the Federal Emergency Management Agency.§

(3) A Zone (Approximated Floodplain District)#

The A zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the one percent (1%) annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply:

The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one percent (1%) annual chance floodplain boundary has been approximated. Such areas are shown as zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from Federal, State, and other acceptable sources shall be used, when available. Where the specific one percent (1%) annual chance 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 base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted practices, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.

The Floodplain Administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus eighteen (18) inches.§

During the permitting process, the Floodplain Administrator shall obtain:

a. The elevation of the lowest floor (in relation to mean sea level), 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.

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser.§

(4) Overlay Concept#

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.§

If there is 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.

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.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

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Sec. 74-908. - Official flood hazard area and floodplain map.#

The boundaries of the special flood hazard area and floodplain districts are established as shown on the flood boundary and floodway maps and/or flood insurance rate maps (FIRMs) which is declared to be a part of this article and which shall be kept on file in the office of the Zoning Administrator.

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 (6) months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. The community may submit data via a LOMR. 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.

When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a conditional letter of map revision and then a letter of map revision.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

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Sec. 74-909. - District boundary changes.#

The delineation of any of the floodplain districts may be revised by the Cumberland County Board of Supervisors where natural or manmade 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.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

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Sec. 74-910. - Interpretation of district boundaries.#

Initial interpretations of the boundaries of the floodplain districts shall be made by the Floodplain Administrator. 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.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

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Sec. 74-911. - Permit and application requirements.#

(a) Permit Requirement#

All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a permit.§ Such development shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and the Chapter 54 Subdivision Ordinance. Prior to the issuance of any such permit, the Floodplain 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 circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

(b) Site Plans and Permit Applications#

All applications for development within any floodplain district and all permits issued for the floodplain shall incorporate the following information:

1. The elevation of the base flood at the site.

2. For structures to be elevated, the elevation of the lowest floor.

3. For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.

4. Topographic information showing existing and proposed ground elevations.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

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Sec. 74-912. - General standards.#

The following provisions shall apply to all permits:

(a) New construction and substantial improvements shall be built according to this article and the Virginia 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, 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 flood waters into the system.§

(g) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(h) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.§

In addition to provisions (a)—(h) above, in all special flood hazard areas, the additional provisions shall apply:

(1) 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), other required agencies, and the Federal Emergency Management Agency.

(2) The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.§

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

Sec. 74-913. - Specific standards.#

In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional the following provisions shall apply:

(a) Residential construction.#

New construction or substantial improvement of any residential structure (including manufactured homes) in zones A1-30, AE, AH, and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus eighteen (18) inches.§

(b) Nonresidential construction.#

(1)#

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 level plus eighteen (18) inches.§

(2)#

Nonresidential 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 BFE plus two (2) feet 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 Floodplain Administrator.

(c) Space below the lowest floor.#

In zones A, AE, AH, AO, and A1-A30, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

(1)#

Not be designed or used for human habitation, but shall be used solely 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);

(2)#

Be constructed entirely of flood resistant materials below the regulatory flood protection elevation;

(3)#

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the opening must either be certified by a professional engineer or architect or meet the following minimum design criteria:

a.#

Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding.§

b.#

The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding.§

c.#

If a building has more than one (1) enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

d.#

The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade.§

e.#

Openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

f.#

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.

(d) Accessory structures.#

(1)#

Accessory structures in the SFHA shall comply with the elevation requirements or, if not elevated or dry floodproofed, shall:

a.#

Not be used for human habitation;

b.#

Be limited to no more than six hundred (600) feet in total floor area;

c.#

Be useable only for parking of vehicles or limited storage;

d.#

Be constructed with flood damage-resistant materials below the base flood elevation;

e.#

Be constructed and placed to offer the minimum resistance to the flow of floodwaters;

f.#

Be anchored to prevent flotation;

g.#

Have electrical service and mechanical equipment elevated to or above the base flood elevation;

h.#

Shall be provided with flood openings which shall meet the following criteria:

1.#

There shall be a minimum of two (2) flood openings on different sides of each enclosed area; if a building has more than one (1) enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls.

2.#

The total net area of all flood openings shall be at least one (1) square inch for each square foot of enclosed area (non-engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an evaluation report issued by the ICC Evaluation Service, Inc.

3.#

The bottom of each flood opening shall be one (1) foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening.

4.#

Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area.

(e) Standards for manufactured homes and recreational vehicles.#

(1)#

In zones A, AE, AH, and AO, all manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction.§

(2)#

All recreational vehicles placed on sites must either:

a.#

Be on the site for fewer than one hundred eighty (180) consecutive days, 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

b.#

Meet all the requirements for manufactured homes.

(f) Existing structures in floodplain areas.#

Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved unless one (1) of the following exceptions is established before the change is made:

(1)#

The floodplain manager has determined that:

a.#

Change is not a substantial repair or substantial improvement; and

b.#

No new square footage is being built in the floodplain that is not complaint; and

c.#

No new square footage is being built in the floodway; and

d.#

The change complies with this article and the VA USBC; and

e.#

The change, when added to all the changes made during a rolling five-year period does not constitute fifty percent (50%) of the structure's value.

(2)#

The changes are required to comply with a citation for a health or safety violation.

(3)#

The structure is a historic structure and the change required would impair the historic nature of the structure.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

---

Sec. 74-914. - Standards for approximate floodplain district.#

The following provisions shall apply with the approximate floodplain district:

(1)#

The approximated floodplain district 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. Such areas are shown as zone A on the maps accompanying the flood insurance study. For these areas, the one hundred-year flood elevations and floodway information from Federal, State and other acceptable sources shall be used, when available. 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, 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 County. When such base flood elevation data is utilized, the Zoning Administrator shall obtain:

a.#

The elevation (in relation to the mean sea level) 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 subsection 74-913(b) of this article, the elevation in relation to the mean sea level to which the structure has been floodproofed.

(Ord. No. 09-03, 5-12-2009)

---

Sec. 74-915. - Standards for the special floodplain district.#

The following provisions shall apply within the special floodplain district:

(1)#

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 A and AE on the flood rate insurance 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 (1) foot at any point within Cumberland County.§

(2)#

Development activities in zones A, AE and AH, on Cumberland County's Flood Insurance Rate Maps which increase the water surface elevation of the base flood by more than one (1) foot may be allowed, provided that:

a.#

The applicant first applies with Cumberland County's endorsement for a conditional flood insurance rate map revision; and

b.#

Receives the written approval of the Federal Emergency Management Agency.

(Ord. No. 09-03, 5-12-2009)

---

Sec. 74-916. - Standards for the floodway.#

The following provisions shall apply within the floodway when it has been identified as in subsection 74-914(1):

(1)#

Encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood.

(2)#

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies with Cumberland County's endorsement for a conditional flood insurance rate map and floodway revision, and receives the approval of the Federal Emergency Management Agency.

(3)#

If the provisions of subsection (1) above are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of division 4 of this article.

(4) Permitted uses.#

In the floodway, the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance and provided that they are not prohibited by subsection (1) above:

a.#

Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.

b.#

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 shooting ranges, and hunting and fishing areas.

c.#

Accessory residential uses, such as yard areas, gardens, play areas and pervious loading areas.

d.#

Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, etc.

(Ord. No. 09-03, 5-12-2009)

---

Sec. 74-917. - Standards for subdivision proposals.#

(a)#

All subdivision proposals shall be consistent with the need to minimize flood damage.

(b)#

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.§

(c)#

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.§

(d)#

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a flood insurance study for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots of five (5) acres, whichever is the lesser.§

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

---

Sec. 74-918. - Variances.#

Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the Board of Zoning Appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) after the Board of Zoning Appeals has determined that the granting of such variance 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.§

While the granting of variances generally is limited to a lot size less than one-half (½) acre, deviations from that limitation may occur.§ However, as the lot size increases beyond one-half (½) acre, the technical justification required for issuing a variance increases. Variances may be issued by the Board of Zoning Appeals for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this section.

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

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:

(a)#

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 percent (1%) chance flood elevation.§

(b)#

The danger that materials may be swept on to other lands or downstream to the injury of others.

(c)#

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(d)#

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(e)#

The importance of the services provided by the proposed facility to the community.

(f)#

The requirements of the facility for a waterfront location.

(g)#

The availability of alternative locations not subject to flooding for the proposed use.

(h)#

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(i)#

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(j)#

The safety of access by ordinary and emergency vehicles to the property in time of flood.

(k)#

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

(l)#

The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted 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.§

(m)#

Variances will not be issued for any accessory structure within the SFHA.§

(n)#

Such other factors which are relevant to the purposes of this article.

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.

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.

Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief.

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 percent (1%) chance flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance.§

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 that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

ARTICLE XXI#

FLOODPLAIN ZONING#

DIVISION 1. - GENERAL PROVISIONS#

Sec. 74-901. - Statutory authority and purpose.#

This article is adopted pursuant to the authority granted to localities by Code of Virginia § 15.2-2280. The purpose of this article 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 floodproofed against flooding and flood damage; and

(4) Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

Editor's note— Ord. No. 24-01, adopted Apr. 9, 2024, amended the title of § 74-901 to read as herein set out. The former § 74-901 title pertained to purpose.

Sec. 74-902. - Applicability.#

This article shall apply to all unincorporated lands within the jurisdiction of Cumberland County, Virginia and identified as being in the one hundred-year floodplain by the Federal Insurance Administration and any of its successors in interest.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-903. - Compliance, liability and administration.#

(a) Compliance and liability.

(1) 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.

(2) 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. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas or districts outside the floodplain district, or that land uses permitted within such district will be free from flooding or flood damages.

(3) Records of actions associated with administering this article shall be kept on file and maintained by the zoning administrator.

(4) This article shall not create liability on the part of Cumberland County or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(b) Administration.

(1) Designation of the Floodplain Administrator. The County Administrator is appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:

a. Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

b. 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 C.F.R. Section 59.22.

(2) Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:

a. Review applications for permits to determine whether proposed activities will be located in the Special Flood Hazard Area (SFHA).

b. Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

c. 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.

d. 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, 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 non-tidal waters of Virginia.

e. Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEQ, USACE), and have submitted copies of such notifications to FEMA.

f. 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.

g. 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 non-compliance has occurred or violations have been committed.

h. Review elevation certificates and require incomplete or deficient certificates to be corrected.

i. 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 Cumberland County within six (6) months after such data and information becomes available if the analyses indicate changes in base flood elevations.

j. Maintain and permanently keep records that are necessary for the administration of these regulations, including:

1. Flood insurance studies, flood insurance rate maps (including historic studies and maps and current effective studies and maps), and letters of map change; and

2. Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, inspection records, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

k. Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.

l. 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.

m. Administer the requirements related to proposed work on existing buildings:

1. 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.

2. Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the non-compliant 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.

n. 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.

o. Notify the Federal Emergency Management Agency when the corporate boundaries of the Cumberland County have been modified and:

1. 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

2. 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 at the same time as or prior to 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.

p. 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 SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

q. It is the duty of the Community 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).

(3) Use and interpretation of FIRMs. The Floodplain Administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:

a. Where field surveyed topography indicates that adjacent ground elevations:

1. Are below the base flood elevation in riverine SFHAs, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations;

2. Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the SFHA.

b. In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a Federal, State, or other source shall be reviewed and reasonably used.

c. Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.

d. Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.

e. If a preliminary flood insurance rate map and/or a preliminary flood insurance study has been provided by FEMA:

1. Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.

2. Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data.

3. Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

(4) Submitting model backed 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 (6) months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. The community may submit data via a LOMR. 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.

(5) Letters of map revision. When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a conditional letter of map revision and then a letter of map revision.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

Editor's note— Ord. No. 24-01, adopted Apr. 9, 2024, amended the title of § 74-903 to read as herein set out. The former § 74-903 title pertained to compliance and liability.

Sec. 74-904. - Abrogation and greater restrictions.#

This article is not intended to repeal or abrogate or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-905. - Severability.#

If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article, which shall remain in full force and effect, and to this end the provisions of this article are hereby declared to be severable.

(Ord. No. 09-03, 5-12-2009)

DIVISION 2. - DEFINITIONS#

Sec. 74-906. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means a structure that is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure.

Addition means any improvement to an existing building or structure that increases the outside dimensions of the building or structure.

Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this article or a request for a variance.

Area of future conditions flood hazard means the land area that would be inundated by the one percent annual chance flood based on future conditions hydrology.

Area of shallow flooding means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation means the elevation floodwaters would reach at a given site during the occurrence of a base flood.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Building means any structure built or erected for the support, shelter or enclosure of persons, animals, chattel or property of any kind.

Community means Cumberland County, Virginia.

Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

Critical facility means any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Critical facilities include, but are not limited to: hospitals, nursing homes, housing for the elderly, schools, police stations, fire stations, emergency operations centers, data storage centers, and public utility facilities.

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Elevated building means a non-basement building built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor lines.

Elevation certificate means the National Flood Insurance Program Elevation Certificate, FEMA Form 81-31, used to document compliance with community floodplain management ordinances and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).

Existing construction means, for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, whichever is later. Existing construction may also be referred to as "existing structures."

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEMA means the Federal Emergency Management Agency.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood Insurance Rate Map (FIRM) means an official map of a community, issued by FEMA, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.

Flood Insurance Study (FIS) means the official report provided by FEMA that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

Floodplain means any land area susceptible to being inundated by water from any source.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

Floodproofing means 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, structures and their contents.

Floodway means 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 one (1) foot.

Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab or in case of a crawl space, the top of the floor joists.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading/unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved state program as determined by the Secretary of the Interior; or

b. Directly by the Secretary of the Interior in states without approved programs.

Letter of Map Amendment (LOMA) means an official determination by FEMA that a specific structure or parcel of land is not located within a special flood hazard area.

Letter of Map Revision (LOMR) means FEMA's official determination of a change to the effective FIRM, FIS, or both.

Letter of Map Revision Based on Fill (LOMR-F) means FEMA's official determination that a parcel of land has been elevated by fill and is no longer located within a special flood hazard area.

Lowest floor means 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 this article.

Manufactured home means 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. The term "manufactured home" does not include a "recreational vehicle."

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's FIRM are referenced.

New construction means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of the initial FIRM of the community, or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.

Recreational vehicle means a vehicle which is:

(1) Built on a single chassis;

(2) Four hundred (400) square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Special Flood Hazard Area (SFHA) means an area in the floodplain subject to a one percent or greater chance of being inundated by the flood event in any given year.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Structure means a walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual 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 structure's continued designation as a "historic structure."

Variance means a grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article.

Violation means 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 this article is presumed to be in violation until such time as that documentation is provided.

(Ord. No. 09-03, 5-12-2009)

DIVISION 3. - ESTABLISHMENT OF ZONING DISTRICTS#

Sec. 74-907. - Description of districts.#

The various floodplain districts are designated as follows:

(1) The Floodway District shall include the areas designated as Floodway on the Flood Insurance Rate Map.

(2) The Special Floodplain District shall include the areas designated as Zones A, A1-30, AE, AH, and AO on the Flood Insurance Rate Map.

(3) The Approximate Floodplain District shall include the areas designated as Zone A on the Flood Insurance Rate Map.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-908. - Official flood hazard area and floodplain map.#

The Flood Insurance Rate Map for Cumberland County, Virginia and all subsequent amendments and revisions thereto, is hereby adopted by reference as the official flood hazard area and floodplain map of Cumberland County.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-909. - District boundary changes.#

The delineation of any of the floodplain districts may be revised by Cumberland County where natural or manmade changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, the Federal Emergency Management Agency, or other qualified agency, and where such changes are approved by the Federal Emergency Management Agency. No change shall take effect before the approval of the Federal Emergency Management Agency.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-910. - Interpretation of district boundaries.#

The Floodplain Administrator shall make interpretations of the boundaries of the floodplain districts where there appears to be a conflict between a mapped boundary and actual field conditions. In any case where the boundaries of the floodplain districts overlap or conflict with the boundaries of other districts, the more restrictive provisions shall apply.

(Ord. No. 09-03, 5-12-2009)

DIVISION 4. - DISTRICT PROVISIONS#

Sec. 74-911. - Permit and application requirements.#

(a) No person shall engage in any development in the special flood hazard area without first obtaining a permit from the Floodplain Administrator.§

(b) Application for a permit shall be made on a form furnished by the Floodplain Administrator and shall include the following:

(1) The name and address of the applicant;

(2) The location of the proposed development;

(3) The purpose of the proposed development;

(4) The elevation of the lowest floor (including basement) of any proposed structure;

(5) The elevation to which any proposed structure will be floodproofed;

(6) A site plan showing the location of the proposed development;

(7) Such other information as the Floodplain Administrator may reasonably require.

(c) No permit shall be issued until the Floodplain Administrator has determined that the proposed development complies with all applicable provisions of this article.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-912. - General standards.#

(a) Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.§

(b) Construction materials and methods. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and by methods and practices that minimize flood damage.

(c) Utilities. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from systems into flood waters. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(d) Elevation and floodproofing information. The following information is required for all permits:

(1) In Zone A, where base flood elevation data are not available from any source, the applicant shall provide base flood elevation data. If such data are not available from any source, the applicant shall provide a base flood elevation based on the best available data.

(2) In Zones AE, A1-30, and AH, where base flood elevation data are available, the applicant shall provide the elevation (in relation to mean sea level) of the lowest floor, including basement, of all new and substantially improved structures.

(3) In Zone AO, the applicant shall provide the depth of the floodwater at the proposed development.

(4) For all new construction and substantial improvements that are fully floodproofed, the applicant shall provide the elevation (in relation to mean sea level) to which the structure is floodproofed.

(e) Certification. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this article.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-913. - Specific standards.#

(a) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to at least one (1) foot above the base flood elevation.

(b) Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to at least one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, shall:

(1) Be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water;

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

(3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection; and

(4) Have the elevation to which the structure is floodproofed recorded and the record kept with the Floodplain Administrator.

(c) Manufactured homes. All manufactured homes to be placed or substantially improved within the special flood hazard area shall be:

(1) Elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one (1) foot above the base flood elevation; and

(2) Anchored to resist flotation, collapse, or lateral movement.

(d) Recreational vehicles. Recreational vehicles placed on sites within the special flood hazard area shall either:

(1) Be on the site for fewer than one hundred eighty (180) consecutive days; or

(2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions.

(e) Enclosures below the lowest floor. New construction and substantial improvements that are elevated and have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage shall:

(1) Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; and

(2) Have openings in the walls that are no more than one (1) foot above the higher of the exterior grade or the interior grade and that are no less than three (3) inches in any direction in size, with no more than one (1) opening per each one hundred (100) square feet of enclosed area.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-914. - Standards for approximate floodplain district.#

(a) In the Approximate Floodplain District, the base flood elevation and floodway data are not available. The Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source.

(b) Until base flood elevation data are provided, new construction and substantial improvements shall have the lowest floor, including basement, elevated to at least two (2) feet above the highest adjacent grade.§

(Ord. No. 09-03, 5-12-2009)

Sec. 74-915. - Standards for the special floodplain district.#

(a) In the Special Floodplain District, the base flood elevation and floodway data are available. All new construction and substantial improvements shall comply with the standards in section 74-913.

(b) In Zones AH and AO, adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.§

(Ord. No. 09-03, 5-12-2009)

Sec. 74-916. - Standards for the floodway.#

(a) The floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and has erosion potential. The following provisions shall apply within the floodway:

(1) No encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted within the floodway 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 flood levels within the community during the occurrence of the base flood discharge.

(2) If subsection (a)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article.

(3) Under the provisions of 44 C.F.R. Chapter 1, Subchapter B, Part 65.12, the community may permit certain development in the floodway that does not cause an increase in the base flood elevation.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-917. - Standards for subdivision proposals.#

(a) All subdivision proposals shall be consistent with the need to minimize flood damage.

(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(d) Where base flood elevation data are not available or are not reasonably obtainable, the applicant shall provide base flood elevation data for all subdivision proposals and other proposed developments containing at least fifty (50) lots or five (5) acres, whichever is less.§

(Ord. No. 09-03, 5-12-2009)

DIVISION 5. - VARIANCES AND VIOLATIONS#

Sec. 74-918. - Variances.#

(a) The Board of Zoning Appeals may grant a variance from the requirements of this article, provided that:

(1) The variance shall not cause any increase in the base flood elevation;

(2) The variance is the minimum necessary, considering the flood hazard, to afford relief;

(3) The applicant has demonstrated that there are exceptional circumstances applicable to the property that do not apply generally to other properties in the same district;

(4) The variance will not result in additional threats to public safety or extraordinary public expense;

(5) The variance will not create nuisances, cause fraud on or victimization of the public, or conflict with local laws or ordinances; and

(6) The variance is not for a use that is prohibited in the special flood hazard area.

(b) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(c) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-919. - Violations.#

Any person who fails to comply with any of the requirements or provisions of this article or directions of the Floodplain Administrator or any authorized employee of Cumberland County shall be guilty of the appropriate violation and subject to the penalties thereof.

The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the Zoning Ordinance of Cumberland County are addressed in Section 74-13 of the Zoning Ordinance.

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 within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by Cumberland County to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

Sec. 74-904. - Abrogation and greater restrictions.#

This article 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 article.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-905. - Severability.#

If any subdivision, section, subsection, paragraph, sentence, clause or phrase of this article shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this article. The remaining portions shall remain in full force and effect; and for this purpose, the provisions in this article are hereby declared to be severable.

(Ord. No. 09-03, 5-12-2009)

Sec. 74-906. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:

Appurtenant or accessory structure means a nonresidential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures are not to exceed six hundred (600) square feet.§

Base flood means a flood having one percent (1%) chance of being equaled or exceeded in any given year.

Base flood elevation means the elevation of surface water resulting from a flood that has a one percent (1%) chance of equaling or exceeding that level in any given year. The BFE is shown on the flood insurance rate map (FIRM).

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Elevated building means 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 means 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.

Existing construction means, for the purposes of the insurance program, structures for which the "start of construction" commenced before the effective date of the FIRM.

Flood or flooding means:

1. A general or 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 waters from any source.

2. The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)a. of this definition.

3. Mudflows which are proximately caused by flooding as defined in paragraph (1) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

Flood insurance study (FIS) means a report by FEMA that examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means 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 one (1) foot at any point in the community.

Freeboard means 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 bridge openings and the hydrological effect of urbanization in the watershed.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states without approved programs.

Hydrologic and hydraulic engineering analysis means analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

Letters of map change (LOMC) means an official FEMA determination, by letter, that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

1. Letter of map amendment (LOMA) means an amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a land as defined by meets and bounds or structure is not located in a special flood hazard area.
2. Letter of map revision (LOMR) means a revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A letter of map revision based on fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.
3. Conditional letter of map revision (CLOMR) means a formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study.

Lowest adjacent grade means the lowest natural elevation of the ground surface next to the walls of a structure.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking 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 nonelevation design requirements of federal regulations at 44 C.F.R. § 60.3.

Manufactured home means a structure, transportable in one (1) 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 one hundred eighty (180) consecutive days.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on a community's FIRM are referenced.

New construction means structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after effective date of community's first floodplain management ordinance adopted by the community and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within one hundred eighty (180) days of permit issuance.

Post-FIRM structures means, for floodplain management purposes, a structure or other development for which the "start of construction" occurred on or after the effective date of the initial flood insurance rate map.

Pre-FIRM structures means, for floodplain management purposes, a structure or other development for which the "start of construction" occurred before the effective date of the initial flood insurance rate map.

Recreational vehicle means a vehicle which is:

1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.

Repetitive loss structure means a building covered by a contract for flood insurance that has incurred flood-related damages on two (2) occasions in a ten-year period, in which the cost of the repair, on the average, equalled or exceeded twenty-five percent (25%) of the market value of the structure at the time of each such flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

Severe repetitive loss structure means a structure that:

1. Is covered under a contract for flood insurance made available under the NFIP; and
2. Has incurred flood related damage: a. For which four (4) or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding five thousand dollars ($5,000.00), and with the cumulative amount of such claims payments exceeding twenty thousand dollars ($20,000.00); or b. For which at least two (2) separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure.

Shallow flooding area means a special flood hazard area with base flood depths from one (1) to three (3) 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 means the land in the floodplain subject to a one percent (1%) or greater chance of being flooded in any given year as determined in section 74-908 of this article.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the 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 means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) 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 structure's continued designation as a "historic structure."

Violation means 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 this article is presumed to be in violation until such time as that documentation is provided.

Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

Cross reference—Definitions generally, § 1-2.

Sec. 74-907. - Description of districts.#

Basis of districts. The various special flood hazard districts shall include the SFHAs. The basis for the delineation of these districts shall be the FIS and the FIRM for Cumberland County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated May 22, 2024, and any subsequent revisions or amendments thereto.

Cumberland County may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a "local flood hazard map" using best available topographic data and locally derived information such as flood of record, historic high water marks, or approximate study methodologies.

The boundaries of the SFHA districts are established as shown on the FIRM which is declared to be a part of this article and which shall be kept on file at Cumberland County's offices.

(1) Floodway District#

The floodway district is in an AE zone and is delineated, for purposes of this article, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one percent (1%) annual chance 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 FIS and shown on the FIRM.

The following provisions shall apply within the floodway district of an AE zone:

a. Encroachment Standards#

Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 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 Floodplain Administrator.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies—with Cumberland County's endorsement—for a conditional letter of map revision (CLOMR), and receives the approval of the Federal Emergency Management Agency.

b. Manufactured Homes#

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 the anchoring, elevation, and encroachment standards are met.

c. Permitted Uses#

In the floodway, the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance and provided that they comply with subsection a. above:

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 shooting 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.

(2) AE and AH Zones#

The AE, or AH zones, on the FIRM accompanying the FIS shall be those areas for which one percent (1%) annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone where FEMA has provided base flood elevations:

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, AE, or AH on the FIRM, 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 (1) foot at any point within Cumberland County.

Development activities in zones A1-30, AE, or AH on Cumberland County's FIRM which increase the water surface elevation of the base flood by more than one (1) foot may be allowed, provided that the applicant first applies—with Cumberland County's endorsement—for a conditional letter of map revision, and receives the approval of the Federal Emergency Management Agency.

(3) A Zone (Approximated Floodplain District)#

The A zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the one percent (1%) annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply:

The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one percent (1%) annual chance floodplain boundary has been approximated. Such areas are shown as zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from Federal, State, and other acceptable sources shall be used, when available. Where the specific one percent (1%) annual chance 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 base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted practices, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.

The Floodplain Administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus eighteen (18) inches.

During the permitting process, the Floodplain Administrator shall obtain:

a. The elevation of the lowest floor (in relation to mean sea level), 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.

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser.

(4) Overlay Concept#

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.

If there is 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.§

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.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

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Sec. 74-908. - Official flood hazard area and floodplain map.#

The boundaries of the special flood hazard area and floodplain districts are established as shown on the flood boundary and floodway maps and/or flood insurance rate maps (FIRMs) which is declared to be a part of this article and which shall be kept on file in the office of the Zoning Administrator.

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 (6) months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. The community may submit data via a LOMR. 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.

When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a conditional letter of map revision and then a letter of map revision.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

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Sec. 74-909. - District boundary changes.#

The delineation of any of the floodplain districts may be revised by the Cumberland County Board of Supervisors where natural or manmade 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.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

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Sec. 74-910. - Interpretation of district boundaries.#

Initial interpretations of the boundaries of the floodplain districts shall be made by the Floodplain Administrator. 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.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

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Sec. 74-911. - Permit and application requirements.#

(a) Permit Requirement#

All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and the Chapter 54 Subdivision Ordinance. Prior to the issuance of any such permit, the Floodplain 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 circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

(b) Site Plans and Permit Applications#

All applications for development within any floodplain district and all permits issued for the floodplain shall incorporate the following information:

1. The elevation of the base flood at the site.

2. For structures to be elevated, the elevation of the lowest floor.

3. For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.

4. Topographic information showing existing and proposed ground elevations.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

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Sec. 74-912. - General standards.#

The following provisions shall apply to all permits:

(a) New construction and substantial improvements shall be built according to this article and the Virginia 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, 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 flood waters into the system.

(g) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(h) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

In addition to provisions (a)—(h) above, in all special flood hazard areas, the additional provisions shall apply:

(1) 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), other required agencies, and the Federal Emergency Management Agency.

(2) The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

Sec. 74-913. - Specific standards.#

In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional the following provisions shall apply:

(a) Residential construction.#

New construction or substantial improvement of any residential structure (including manufactured homes) in zones A1-30, AE, AH, and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus eighteen (18) inches.

(b) Nonresidential construction.#

(1)#

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 level plus eighteen (18) inches.

(2)#

Nonresidential 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 BFE plus two (2) feet 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 Floodplain Administrator.

(c) Space below the lowest floor.#

In zones A, AE, AH, AO, and A1-A30, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

(1)#

Not be designed or used for human habitation, but shall be used solely 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);

(2)#

Be constructed entirely of flood resistant materials below the regulatory flood protection elevation;

(3)#

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the opening must either be certified by a professional engineer or architect or meet the following minimum design criteria:

a.#

Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding.

b.#

The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding.

c.#

If a building has more than one (1) enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

d.#

The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade.

e.#

Openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

f.#

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.

(d) Accessory structures.#

(1)#

Accessory structures in the SFHA shall comply with the elevation requirements or, if not elevated or dry floodproofed, shall:

a.#

Not be used for human habitation;

b.#

Be limited to no more than six hundred (600) feet in total floor area;

c.#

Be useable only for parking of vehicles or limited storage;

d.#

Be constructed with flood damage-resistant materials below the base flood elevation;

e.#

Be constructed and placed to offer the minimum resistance to the flow of floodwaters;

f.#

Be anchored to prevent flotation;

g.#

Have electrical service and mechanical equipment elevated to or above the base flood elevation;

h.#

Shall be provided with flood openings which shall meet the following criteria:

1.#

There shall be a minimum of two (2) flood openings on different sides of each enclosed area; if a building has more than one (1) enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls.

2.#

The total net area of all flood openings shall be at least one (1) square inch for each square foot of enclosed area (non-engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an evaluation report issued by the ICC Evaluation Service, Inc.

3.#

The bottom of each flood opening shall be one (1) foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening.

4.#

Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area.

(e) Standards for manufactured homes and recreational vehicles.#

(1)#

In zones A, AE, AH, and AO, all manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction.

(2)#

All recreational vehicles placed on sites must either:

a.#

Be on the site for fewer than one hundred eighty (180) consecutive days, 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

b.#

Meet all the requirements for manufactured homes.

(f) Existing structures in floodplain areas.#

Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved unless one (1) of the following exceptions is established before the change is made:

(1)#

The floodplain manager has determined that:

a.#

Change is not a substantial repair or substantial improvement; and

b.#

No new square footage is being built in the floodplain that is not complaint; and

c.#

No new square footage is being built in the floodway; and

d.#

The change complies with this article and the VA USBC; and

e.#

The change, when added to all the changes made during a rolling five-year period does not constitute fifty percent (50%) of the structure's value.

(2)#

The changes are required to comply with a citation for a health or safety violation.

(3)#

The structure is a historic structure and the change required would impair the historic nature of the structure.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

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Sec. 74-914. - Standards for approximate floodplain district.#

The following provisions shall apply with the approximate floodplain district:

(1)#

The approximated floodplain district 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. Such areas are shown as zone A on the maps accompanying the flood insurance study. For these areas, the one hundred-year flood elevations and floodway information from Federal, State and other acceptable sources shall be used, when available. 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, 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 County. When such base flood elevation data is utilized, the Zoning Administrator shall obtain:

a.#

The elevation (in relation to the mean sea level) 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 subsection 74-913(b) of this article, the elevation in relation to the mean sea level to which the structure has been floodproofed.

(Ord. No. 09-03, 5-12-2009)

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Sec. 74-915. - Standards for the special floodplain district.#

The following provisions shall apply within the special floodplain district:

(1)#

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 A and AE on the flood rate insurance 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 (1) foot at any point within Cumberland County.

(2)#

Development activities in zones A, AE and AH, on Cumberland County's Flood Insurance Rate Maps which increase the water surface elevation of the base flood by more than one (1) foot may be allowed, provided that:

a.#

The applicant first applies with Cumberland County's endorsement for a conditional flood insurance rate map revision; and

b.#

Receives the written approval of the Federal Emergency Management Agency.

(Ord. No. 09-03, 5-12-2009)

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Sec. 74-916. - Standards for the floodway.#

The following provisions shall apply within the floodway when it has been identified as in subsection 74-914(1):

(1)#

Encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood.

(2)#

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies with Cumberland County's endorsement for a conditional flood insurance rate map and floodway revision, and receives the approval of the Federal Emergency Management Agency.

(3)#

If the provisions of subsection (1) above are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of division 4 of this article.

(4)#

Permitted uses. In the floodway, the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance and provided that they are not prohibited by subsection (1) above:

a.#

Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.

b.#

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 shooting ranges, and hunting and fishing areas.

c.#

Accessory residential uses, such as yard areas, gardens, play areas and pervious loading areas.

d.#

Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, etc.

(Ord. No. 09-03, 5-12-2009)

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Sec. 74-917. - Standards for subdivision proposals.#

(a)#

All subdivision proposals shall be consistent with the need to minimize flood damage.

(b)#

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(c)#

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(d)#

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a flood insurance study for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots of five (5) acres, whichever is the lesser.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

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Sec. 74-918. - Variances.#

Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the Board of Zoning Appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) after the Board of Zoning Appeals has determined that the granting of such variance 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.

While the granting of variances generally is limited to a lot size less than one-half (½) acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half (½) acre, the technical justification required for issuing a variance increases. Variances may be issued by the Board of Zoning Appeals for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this section.

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

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:

(a)#

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 percent (1%) chance flood elevation.

(b)#

The danger that materials may be swept on to other lands or downstream to the injury of others.

(c)#

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(d)#

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(e)#

The importance of the services provided by the proposed facility to the community.

(f)#

The requirements of the facility for a waterfront location.

(g)#

The availability of alternative locations not subject to flooding for the proposed use.

(h)#

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(i)#

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(j)#

The safety of access by ordinary and emergency vehicles to the property in time of flood.

(k)#

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

(l)#

The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted 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.

(m)#

Variances will not be issued for any accessory structure within the SFHA.

(n)#

Such other factors which are relevant to the purposes of this article.

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.

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.

Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief.

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 percent (1%) chance flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance.

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 that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)

Sec. 74-919. - Violations.

Any person who fails to comply with any of the requirements or provisions of this article or directions of the Floodplain Administrator or any authorized employee of Cumberland County shall be guilty of the appropriate violation and subject to the penalties thereof.

The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the Zoning Ordinance of Cumberland County are addressed in Section 74-13 of the Zoning Ordinance.

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 within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by Cumberland County to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

(Ord. No. 09-03, 5-12-2009; Ord. No. 24-01, 4-9-2024)