§ 6-4010. Use regulations.

Permitted uses, special permit uses, accessory uses, dimensional standards, and special requirements shall be as established by the underlying zoning district, except as specifically modified herein.

A.

The following uses shall be specifically prohibited within the floodplain management district:

1.

Landfills, junkyards, outdoor storage of inoperative vehicles;

2.

Surface mines/borrow pits;

3.

Manufacture, bulk storage, transformation or distribution of petroleum, chemical or asphalt products or any hazardous materials as defined in either or both of the following:

a.

Superfund Amendment and Reauthorization Act of 1986.

b.

Identification and Listing of Hazardous Wastes, 40 C.F.R. (Code of Federal Regulations) Section 261 (1987).

c.

The following products shall be specifically included:

i.

Oil and oil products including petrochemicals;

ii.

Radioactive materials;

iii.

Any materials transported or stored in large commercial quantities (such as fifty-five-gallon drums) which is a very soluble acid or base, causes abnormal growth of an organ or organism, or is highly biodegradable, exerting a strong oxygen demand;

iv.

Biologically accumulative poisons;

v.

Substances containing the active ingredients or economic poisons that are or were ever registered in accordance with the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 USC 135 et seq.);

vi.

Substances highly lethal to mammalian or aquatic life;

4.

Storage or land application of industrial wastes;

5.

Outdoor storage of equipment, materials, or supplies which are buoyant, flammable, or explosive;

6.

Swimming pools or any other habitable use when the area beneath the elevated building is enclosed with walls of any type such as solid non-breakaway, solid breakaway, or lattice-screen, or when the area beneath the elevated building is not enclosed and a swimming pool or any other obstruction is above natural grade; or

7.

Commercial feedlots, as described in section 3-2000.

B.

The following activities may occur below the level of the one-percent annual chance flood elevation if administered in accordance with section 6-4013 of this article:

1.

Nonstructural agricultural activities providing that any storage or stockpiling of manure shall be elevated to a level no less than two (2) feet above the elevation of the one-percent annual chance flood.

2.

Outdoor recreational uses including park areas, golf courses, tennis courts, and basketball courts.

3.

Swimming pools or any other non-habitable use located below elevated buildings when the area beneath the elevated building is not enclosed and the pool or other potential obstruction is flush with the natural grade provided that a licensed surveyor or engineer certifies that the swimming pool or other potential obstruction will not be subject to breaking up or floating out of the ground and affecting the piles or columns of the elevated building. Furthermore, the swimming pool shall meet the same anchoring requirements as the support system of the elevated building and the area beneath the elevated building shall never be enclosed with walls or any type.

4.

Functionally dependent uses such as docks, piers and wharves.

5.

Access roads and parking areas for [subsections] 1. through 4. above.

C.

In addition to the prohibited uses in subsection 6-4010.A., the following restrictions shall apply to areas in the floodway district [44 CFR 60.3(d)]:

1.

No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in 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 Isle of Wight County 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.

2.

Existing nonconforming structures within the floodway may not be expanded; however, they may be repaired, altered or modified to incorporate floodproofing measures, provided such measures do not raise the level of the one-percent annual chance flood.

3.

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

4.

If items 1. through 3. [above] are satisfied, then all new construction and substantial improvements in the floodway district shall comply with section 6-4009, section 6-4011, and section 6-4012.

5.

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. (11-19-15; 7-19-18.)