§ 6-4004. Applicability.  


Latest version.
  • A.

    The provisions of this article shall apply to the following areas:

    1.

    Areas designated as being within the one-percent annual chance floodplain by the flood insurance study (FIS) prepared by the Federal Emergency Management Agency and as delineated on the flood insurance rate map (FIRM) for Isle of Wight County dated December 2, 2015, and any subsequent revisions or amendments thereto. A copy of the FIS and FIRM shall be filed in the department of planning and zoning and are hereby made part of this article. The floodplain management district (as identified in the FIS) is comprised of five (5) subdistricts: The floodway district, the floodfringe district, the approximated floodplain district, the coastal A zone, and the coastal high hazard floodplain district. The description of these districts and corresponding zones are identified in the aforementioned FIS report.

    2.

    The flood insurance rate map panels specifically referenced by this ordinance and dated to take effect on December 2, 2015, include the following:

    51093C0018E, 51093C0050E, 51093C0054E, 51093C0056E, 51093C0058E, 51093C0065E, 51093C0066E, 51093C0067E, 51093C0070E, 51093C0086E, 51093C0088E, 51093C0089E, 51093C0093E, 51093C00115E, 51093C00120E, 51093C00125E, 51093C00135E, 51093C00150E, 51093C00151E, 51093C00152E, 51093C00153E, 51093C00154E, 51093C00156E, 51093C00157E, 51093C00158E, 51093C00159E, 51093C00165E, 51093C00166E, 51093C00167E, 51093C00168E, 51093C00178E, 51093C00186E, 51093C00220E, 51093C00230E, 51093C00240E, 51093C00250E, 51093C00255E, 51093C00265E, 51093C00275E, 51093C00300E, 51093C00310E, 51093C00320E and 51093C00350E.

    3.

    Such other areas as may be determined by the zoning administrator to be essential to the alleviation of potential flood damage caused by the one-percent annual chance flood. Such determination shall be based on drainage and hydrology studies and amendment or revision of the FIRM shall be requested by the county.

    B.

    The floodplain management (FPM) district is an overlay to the existing underlying zoning district. Therefore, the uses, densities, lot configurations, setback requirements, height restrictions and accessory uses shall be determined by the underlying zoning district except as such regulations may be modified by application of the regulations in the FPM district. Where these regulations are at variance with other codes, ordinances and regulations, the most restrictive regulation shall apply.

    C.

    The delineation of the floodplain management district may be revised by Isle of Wight County 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.

    D.

    Initial interpretations of the boundaries of the floodplain management district shall be made by the zoning 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. (11-19-15; 7-19-18.)