Highlighted below: 91 of 128 extracted standards and 7 of 7 districts, chipped on their section headings. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.
Division 7#
District Regulations#
§ 19.6-67 A-1 Agricultural District.#
A. Purpose. Generally this district covers portions of Appomattox County which are occupied by various open uses such as farms, forests or lakes. This district is established for the specific purpose of protecting existing and future farming operations, conservation of water and natural resources, reducing soil erosion, protection of watersheds and reducing hazards from flood, fire and traffic. While it is recognized that certain desirable rural areas may logically be expected to develop residentially, it is the intent, however, to discourage the random scattering of residential, commercial or industrial uses in this district. Nonfarm residents should recognize that they are located in an agricultural environment where the right to farm has been established as a County policy. This district is intended to minimize the demand for unanticipated public improvements and services, such as public sewer, public water, and new roadways, by reducing development densities and discouraging large-scale development.
B. Permitted uses: [Amended 7-6-2015]
- Accessory apartment
- Accessory uses/structures
- Administrative services
- Agricultural services
- Agriculture
- Amateur radio tower
- Bed-and-breakfast
- Club, hunt
- Club, private
- Commercial feedlots
- Community recreation
- Composting
- Crisis center
- Custom manufacturing
- Domestic chickens
- Family day-care home
- Farm employee housing
- Fish hatchery
- Forestry operations
- Garden center
- Home beauty/barber salon
- Home occupation, Type I
- Home occupation, Type II
- Intensive farming facility
- Kennel, commercial
- Kennel, private
- Livestock sales/auction
- Manufactured home
- Manufactured home, accessory
- Park-and-ride facility
- Post office
- Public maintenance and service facility
- Public parks and recreation areas
- Religious assembly
- Residential human care facility
- Single-family dwelling
- Stable, commercial
- Stable, private
- Utility services
- Veterinary hospital/clinic
- Wayside stand
- Winery
C. Conditional uses: [Amended 10-19-2020]
- Abattoir
- Automobile graveyard
- Aviation facility, private
- Brewery
- Campgrounds
- Camps
- Cemetery
- Correctional facilities
- Day-care center
- Educational facilities, primary/secondary
- Farm brewery, limited
- Golf course
- Landfill, sanitary
- Landscaping and lawn care services
- Manufactured home park
- Outdoor gatherings
- Planned unit development
- Public assembly
- Recycling center
- Resource extraction
- Retreat/lodge
- Safety services, private
- Sawmill
- Scrap and salvage services
- Second dwelling
- Shooting range, indoor
- Shooting range, outdoor
- Storage of sewage sludge
- Transfer station
- Wind energy system
- Wireless communications facility
D. Site development regulations.
(1) Minimum lot requirements:
(a) All lots regardless of sewer and water provisions:
| Requirement | Standard |
|---|---|
| Area | One acre (43,560 square feet) |
| Frontage | 150 feet on a publicly owned and maintained street |
(2) Minimum setback requirements:
(a) Principal structure:
| Setback | Distance |
|---|---|
| Front | 50 feet from property line or 75 feet from center line of public road, whichever is greater |
| Side | 25 feet |
| Rear | 35 feet |
(b) Accessory structure:
| Setback | Distance |
|---|---|
| Front | 75 feet from center line of public road or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | 15 feet |
(3) Maximum height of structures:
| Structure Type | Maximum Height |
|---|---|
| All structures (except silos) | 45 feet |
| Silos | 100 feet |
(4) Maximum coverage:
| Coverage Type | Maximum Percentage |
|---|---|
| Building coverage | 10% of the total lot area |
| Lot coverage | 25% of the total lot area |
§ 19.6-68 R-1 Low-Density Residential District.#R-1
A. Purpose. This district is composed of certain low concentrations of residential uses plus certain open areas where similar development is expected to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life, and to prohibit commercial uses and other uses likely to generate noise, crowds, large concentrations of traffic, light, dust, odor, smoke and other obnoxious influence.
B. Permitted uses:
- Accessory apartment
- Accessory uses/structures
- Administrative services
- Amateur radio tower
- Community recreation
- Crisis center
- Domestic chickens
- Family day-care home
- Home beauty/barber salon
- Home occupation, Type I
- Park-and-ride facility
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Safety services, public
- Single-family dwelling
- Utility services
C. Conditional uses:
- Cemetery
- Day-care center
- Educational facilities, primary/secondary
- Golf course
- Home for adults
- Kennel, private
- Outdoor gatherings
- Planned unit development
- Religious assembly
- Safety services, private
- Wind energy system
- Wireless communications facility
D. Site development regulations.
(1) Minimum lot requirements:
(a) Lots not served by public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 30,000 square feet (0.69 acre) |
| Frontage | 125 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 20,000 square feet |
| Frontage | 110 feet on a publicly owned and maintained street |
(2) Minimum setback requirements:
(a) Principal structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or 60 feet from center of public road, whichever is greater |
| Side | 15 feet |
| Rear | 35 feet |
(b) Accessory structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | 15 feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.§
(3) Maximum height of structures:
| Structure Type | Maximum Height |
|---|---|
| All structures | 35 feet |
(4) Maximum coverage:
| Coverage Type | Maximum Percentage |
|---|---|
| Building coverage | 15% |
| Lot coverage | 35% |
§ 19.6-69 R-2 Medium-Density Residential District.#R-2
A. Purpose. This district is composed of medium-density residential areas plus certain open areas where similar development is expected to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of the land uses, a suitable environment for family life, and to permit certain commercial uses of a character unlikely to develop general concentration of traffic, crowds of customers and general outdoor advertising. To these ends, retail activity is sharply limited and this district is protected against the encroachment of general commercial and industrial uses.
B. Permitted uses:
- Accessory apartment
- Accessory uses/structures
- Administrative services
- Amateur radio tower
- Community recreation
- Crisis center
- Domestic chickens
- Family day-care home
- Home beauty/barber salon
- Home occupation, Type I
- Kennel, private
- Manufactured home
- Park-and-ride facility
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Safety services, public
- Single-family dwelling
- Utility services
C. Conditional uses:
- Boardinghouse
- Cemetery
- Condominium
- Cultural services
- Day-care center
- Educational facilities, primary/secondary
- Golf course
- Hospital
- Manufactured home park
- Outdoor gatherings
- Planned unit development
- Religious assembly
- Safety services, private
- Safety services, public
- Second dwelling
- Two-family dwelling
- Wind energy system
- Wireless communications facility
D. Site development regulations.
(1) Minimum lot requirements:
(a) Lots not served by public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 25,000 square feet (0.57 acre) |
| Frontage | 125 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 15,000 square feet (0.34 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(c) Lots served by both public water and public sewer:
| Requirement | Standard |
|---|---|
| Area | 10,000 square feet (0.23 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(2) Minimum setback requirements:
(a) Principal structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or 60 feet from center line of public road, whichever is greater |
| Side | 15 feet |
| Rear | 35 feet |
(b) Accessory structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | 15 feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.
(3) Maximum height of structures:
| Structure Type | Maximum Height |
|---|---|
| All structures | 35 feet |
(4) Maximum coverage:
| Coverage Type | Maximum Percentage |
|---|---|
| Building coverage | 35% |
| Lot coverage | 50% |
§ 19.6-70 R-3 High-Density Multifamily Residential District.#R-3
A. Purpose. The purpose of this district is to provide areas in the County within the suburban service area where existing middle-to high-density residential development (typically four to 12 units per acre) has been established and land areas which generally appear to be appropriate for such development. The R-3 District is designated based on access to major streets, public water and/or sewer, and schools with suitable capacity to accommodate development at the stated density. A variety of housing densities and styles is encouraged in order to permit a diversity and flexibility in design and layout.
B. Permitted uses:
- Accessory uses/structures
- Amateur radio tower
- Community recreation
- Condominium
- Domestic chickens
- Family day-care home
- Home occupation, Type I
- Multifamily dwelling
- Park-and-ride facility
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Residential human care facility
- Safety services, public
- Single-family dwelling
- Townhouse
- Two-family dwelling
- Utility services
C. Conditional uses:
- Boardinghouse
- Cemetery
- Cultural services
- Day-care center
- Educational facilities, secondary/primary
- Hospital
- Outdoor gatherings
- Planned unit development
- Religious assembly
- Safety services, private
- Wind energy system
- Wireless communications facility
D. Site development regulations.
(1) Minimum lot requirements:
(a) Lots not served by public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 25,000 square feet (0.57 acre) |
| Frontage | 100 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 15,000 square feet (0.34 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(c) Lots served by both public water and public sewer:
| Requirement | Standard |
|---|---|
| Area | 10,000 square feet (0.23 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(d) Minimum lot size and permitted densities for multifamily dwellings and townhomes are referenced in the Additional Regulations section.
(2) Minimum setback requirements:
(a) Principal structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or 60 feet from center line of public road, whichever is greater |
| Side | 15 feet |
| Rear | 35 feet |
(b) Accessory structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | 15 feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.
(3) Maximum height of structures:
| Structure Type | Maximum Height |
|---|---|
| All structures | 35 feet |
(4) Maximum coverage:
| Coverage Type | Maximum Percentage |
|---|---|
| Building coverage | 50% |
| Lot coverage | 85% |
§ 19.6-71 V-1 Village Center District.#V-1
A. Purpose. The purpose of this district is to establish areas which will serve as the focal point for cultural and commercial activity for the rural service areas of the County. The density recommended for these areas is intended to average between one and three units per acre. Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices, and places of religious assembly, are commonly found at these crossroads locations. This district brings a sense of community to the surrounding rural areas, with an emphasis on providing essential goods and services to rural residents, but is not intended to be an employment destination. New developments should be carefully considered for their compatibility with the surrounding area and the purpose of the V-1 District. Any expansion of the district should be contiguous to an existing V-1 District to avoid leapfrog commercial development and excessive spreading of community services such as water and sewer.
B. Permitted uses:
- Accessory apartment
- Accessory uses/structures
- Administrative services
- Amateur radio tower
- Antique shops
- Automobile rental/leasing
- Business or trade school
- Business support services
- Civic clubs
- Commercial indoor entertainment
- Communications services
- Community recreation
- Construction sales and services
- Consumer repair services
- Convenience store
- Cultural service
- Custom manufacturing
- Domestic chickens
- Educational facilities, primary/secondary
- Family day-care home
- Financial institutions
- Funeral services
- Garden center
- Gasoline station
- General office
- Home occupation, Type I
- Hospital
- Hotel/motel/motor lodge
- Kennel, private
- Landscaping and lawn care services
- Manufactured home
- Medical office
- Park-and-ride facility
- Personal improvement services
- Personal services
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Religious assembly
- Residential human care facility
- Restaurant, family
- Restaurant, general
- Retail sales
- Safety services, private
- Safety services, public
- Single-family dwelling
- Studio, fine arts
- Utility services
- Veterinary hospital/clinic
- Wayside stand
C. Conditional uses: [Amended 3-29-2016]
- Automobile dealership
- Automobile parts/supply, retail
- Automobile repair services
- Aviation facility, private
- Bed-and-breakfast
- Boardinghouse
- Campground
- Car wash
- Cemetery
- Clinic
- Commercial indoor amusement
- Commercial indoor sports and recreation
- Commercial outdoor entertainment
- Commercial outdoor sports and recreation
- Condominium
- Construction yard
- Contractor yard
- Dance hall
- Day-care center
- Educational facility, college/university
- Equipment sales and rental
- Flea market
- Golf course
- Halfway house
- Home for adults
- Industrial manufacturing
- Kennel, commercial
- Laboratories
- Life care facility nursing home
- Microbrewery
- Mini warehouse
- Multifamily dwelling
- Outdoor gathering
- Parking facility
- Planned unit development
- Public assembly
- Recreational vehicle sales and service
- Recycling center
- Restaurant
- Two-family dwelling
- Winery
- Wireless communications facility
D. Site development regulations.
(1) Minimum lot requirements:
(a) Lots not served by public water or sewer:
| Requirement | Standard |
|---|---|
| Area | One acre (43,560 square feet) |
| Frontage | 125 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 25,000 square feet (0.57 acre) |
| Frontage | 100 feet on a publicly owned and maintained street |
(c) Lots served by both public water and public sewer:
| Requirement | Standard |
|---|---|
| Area | 15,000 square feet (0.34 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(2) Minimum setback requirements:
(a) Principal structure:
| Setback | Distance |
|---|---|
| Front | 50 feet from property line or 75 feet from center line of public road, whichever is greater |
| Side | 15 feet |
| Rear | 35 feet |
(b) Accessory structure:
| Setback | Distance |
|---|---|
| Front | 50 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | 15 feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.
(3) Maximum height of structures:
| Structure Type | Maximum Height |
|---|---|
| All structures | 35 feet |
(4) Maximum coverage:
| Coverage Type | Maximum Percentage |
|---|---|
| Building coverage | 35% |
| Lot coverage | 75% |
§ 19.6-72 B-1 General Commercial District.#B-1
A. Purpose. The purpose of this district is to provide locations for a variety of commercial and service-related activities within the suburban service area serving larger neighborhoods and the County in general. This district is intended for general application throughout the County. General Commercial Districts are most appropriately found along major arterial thoroughfares which serve large segments of the County's population. This district provides a wide variety of retail and service-related uses.
B. Permitted uses: [Amended 8-3-2015; 3-29-2016]
- Accessory apartment
- Accessory uses/structures
- Administrative services
- Agricultural services
- Amateur radio tower
- Antique shops
- Automobile dealership
- Automobile parts/supply retail
- Automobile rental/leasing
- Automobile repair services
- Bed-and-breakfast
- Business or trade school
- Business support services
- Campground
- Car wash
- Cemetery
- Civic clubs
- Clinic
- Commercial indoor amusement
- Commercial indoor entertainment
- Commercial indoor sports and recreation
- Commercial outdoor entertainment
- Commercial outdoor sports and recreation
- Communications services
- Community recreation
- Construction sales and services
- Construction yard
- Consumer repair services
- Contractor yard
- Convenience store
- Crisis center
- Custom manufacturing
- Dance hall
- Day-care center
- Educational facilities, college/university
- Educational facilities, primary/secondary
- Equipment sales and rental
- Family day-care home
- Financial institutions
- Funeral services
- Garden center
- Gasoline station
- General office
- Guidance services
- Home beauty/barber salon
- Home occupation, Type I
- Home occupation, Type II
- Hospital
- Hotel/motel/motor lodge
- Landscaping and lawn care services
- Laundry
- Manufactured home sales
- Medical office
- Microbrewery
- Mini warehouse
- Park-and-ride facility
- Parking facility
- Pawnshop
- Personal improvement services
- Personal services
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Recreational vehicle sales and service
- Religious assembly
- Residential human care facility
- Restaurant, general/drive-in/fast-food
- Retail sales
- Safety services, private
- Safety services, public
- Single-family dwelling
- Studio, fine arts
- Surplus sales
- Truck stop
- Utility services
- Veterinary hospital/clinic
- Wayside stand
- Wireless communications facility
C. Conditional uses: [Amended 8-3-2015; 3-29-2016]
- Adult entertainment
- Automobile graveyard
- Brewery
- Distillery
- Fish hatchery
- Flea market
- Halfway house
- Home for adults
- Industrial manufacturing
- Kennel, commercial
- Laboratories
- Multifamily dwelling
- Outdoor gathering
- Planned unit development
- Public assembly
- Recycling center
- Scrap and salvage services
- Stable, commercial
- Transfer station
- Transportation terminal
- Truck terminal
- Two-family dwelling
- Wind energy system
D. Site development regulations.
(1) Minimum lot requirements:
(a) Lots not served by public water or sewer:
| Requirement | Standard |
|---|---|
| Area | One acre (43,560) square feet |
| Frontage | 100 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 15,000 square feet (0.34 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(c) Lots served by both public water and public sewer:
| Requirement | Standard |
|---|---|
| Area | 10,000 square feet (0.23 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(2) Minimum setback requirements:
(a) Principal structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or 60 feet from center line of public road, whichever is greater |
| Side | None; except when adjacent to a residential use, then 10 feet |
| Rear | 15 feet |
(b) Accessory structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | Five feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.
(3) Maximum height of structures:
| Structure Type | Maximum Height |
|---|---|
| All structures | 45 feet |
(4) Maximum coverage:
| Coverage Type | Maximum Percentage |
|---|---|
| Building coverage | 50% |
| Lot coverage | 90% |
§ 19.6-72.1 B-2 Limited Commercial District.#B-2
[Added 8-3-2015]
A. Purpose. The purpose of this district is to provide locations for a limited segment of commercial and service-related activities within the suburban service area serving larger neighborhoods. This district is intended for application along the major thoroughfares and near existing residential zoning districts. Limited Commercial Districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's residential population and provides a variety of small retail and service-related uses that are meant to be compatible with nearby residential uses. They typically will generate minimal light, noise, and other nuisances. They do not involve the constant traffic flows associated with larger retail/commercial activities.
B. Permitted uses:
- Accessory apartment
- Accessory uses/structures
- Administrative services
- Amateur radio tower
- Antique shops
- Automobile rental/leasing
- Business or trade school
- Business support services
- Civic clubs
- Clinic
- Consumer repair services
- Day-care center
- Domestic chickens
- Educational facilities, primary/secondary
- Financial institutions
- Funeral services
- General office
- Guidance services
- Home beauty/barber salon
- Medical office
- Park-and-ride facility
- Pawnshop
- Personal improvement services
- Personal services
- Post office
- Religious assembly
- Retail sales
- Studio, fine arts
- Utility services
- Veterinary hospital/clinic
- Wayside stand
C. Conditional uses:
- Automobile dealership
- Automobile graveyard
- Automobile parts/supply retail
- Automobile repair services
- Bed-and-breakfast
- Commercial indoor amusement
- Commercial indoor entertainment
- Commercial indoor sports and recreation
- Commercial outdoor entertainment
- Commercial outdoor sports and recreation
- Equipment sales and rental
- Public assembly
- Recycling center
- Stable, commercial
- Two-family dwelling
- Wind energy system
- Wireless communication facility
D. Site development regulations.
(1) Minimum lot requirements:
(a) Lots not served by public water or sewer:
| Requirement | Standard |
|---|---|
| Area | One acre (43,560) square feet |
| Frontage | 100 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:
| Requirement | Standard |
|---|---|
| Area | [Content truncated in source document] |
| Frontage | [Content truncated in source document] |
§ 19.6-72 (Continued) — Site Development Regulations#
(1) Minimum lot requirements:#
(a) Lots not served by public water or sewer:#
| Requirement | Standard |
|---|---|
| Area | 25,000 square feet (0.57 acre) |
| Frontage | 100 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:#
| Requirement | Standard |
|---|---|
| Area | 15,000 square feet (0.34 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(c) Lots served by both public water and public sewer:#
| Requirement | Standard |
|---|---|
| Area | 10,000 square feet (0.23 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(2) Minimum setback requirements:#
(a) Principal structure:#
| Setback | Requirement |
|---|---|
| Front | 20 feet from property line or 45 feet from center line of public road, whichever is greater |
| Side | 15 feet |
| Rear | 15 feet |
(b) Accessory structure:#
| Setback | Requirement |
|---|---|
| Front | 45 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | 5 feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.#
(3) Maximum height of structures:#
(a) All structures: 25 feet.#
(4) Maximum coverage:#
| Type | Maximum |
|---|---|
| Building coverage | 40% |
| Lot coverage | 60% |
§ 19.6-73 M-1 Industrial District.#M-1
A. Purpose.#
The purpose of this district is to provide areas within the County which are suitable for less-intensive industrial activities. M-1 areas are primarily designated based on the suitability of the land in terms of slope and freedom from flooding, as well as the availability of public services, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system. Distributing these areas throughout the County in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged. Since this district promotes uses that generally will conflict with most others, a high degree of protection to adjoining properties is strongly encouraged.
B. Permitted uses.#
[Amended 3-29-2016]
- Accessory uses/structures
- Administrative services
- Amateur radio tower
- Brewery
- Business or trade school
- Business support services
- Communications services
- Composting
- Construction sales and services
- Construction yard
- Consumer repair services
- Contractor yard
- Convenience store
- Custom manufacturing
- Distillery
- Equipment sales and rental
- Financial institutions
- Garden center
- General office
- Hotel/motel/motor lodge
- Industrial manufacturing
- Kennel, commercial
- Laboratories
- Landscaping and lawn care services
- Manufactured home sales
- Medical office
- Microbrewery
- Mini warehouse
- Park-and-ride facility
- Parking facility
- Pawn shop
- Personal improvement services
- Personal services
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Recreational vehicle sales and service
- Restaurant
- Retail sales
- Safety services, public
- Sawmill
- Studio, fine arts
- Truck terminal
- Veterinary hospital/clinic
- Warehouse and distribution
- Winery
C. Conditional uses:#
- Automobile graveyard
- Aviation facility, private
- Aviation facility, public
- Flea market
- Gasoline station
- Outdoor gathering
- Planned unit development
- Public assembly
- Recycling center
- Resource extraction
- Scrap and salvage services
- Transfer station
- Truck stop
- Wireless communications facility
D. Site development regulations.#
(1) Minimum lot requirements:#
(a) Lots not served by public water or sewer:#
| Requirement | Standard |
|---|---|
| Area | 25,000 square feet (0.57 acre) |
| Frontage | 100 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:#
| Requirement | Standard |
|---|---|
| Area | 15,000 square feet (0.34 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(c) Lots served by both public water and public sewer:#
| Requirement | Standard |
|---|---|
| Area | 10,000 square feet (0.23 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(d) Minimum lot size and permitted densities for multifamily dwellings and townhomes are referenced in the Additional Regulations section.#
(2) Minimum setback requirements:#
(a) Principal structure:#
| Setback | Requirement |
|---|---|
| Front | 35 feet from property line or 60 feet from center line of public road, whichever is greater |
| Side | 15 feet |
| Rear | 35 feet |
(b) Accessory structure:#
| Setback | Requirement |
|---|---|
| Front | 35 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | 15 feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.#
(3) Maximum height of structures:#
(a) All structures: 35 feet.#
(4) Maximum coverage:#
| Type | Maximum |
|---|---|
| Building coverage | 35% |
| Lot coverage | 50% |
§ 19.6-74 IP Planned Industrial District.#
[Amended 3-29-2016; 11-18-2024]
A. Purpose.#
The Planned Industrial (IP) District is established primarily for light to medium industrial uses. Supporting accessory uses and facilities, such as office and commercial establishments, are also permitted. The IP District is intended to be designed with a park-like atmosphere that complements surrounding land uses by means of appropriate siting of buildings, controlled access points, attractive and harmonious architecture, and effective landscape buffering. The IP District is intended to provide flexibility in design and site layout, allow latitude in combining different use types within a single development, and provide the developer with incentives to create an aesthetically pleasing and functional planned development. Important in determining the location and size of an IP District is the accessibility of the location, the availability of public utilities, public safety services, and the suitability of the topography for industrial purposes.
B. Permitted uses:#
- Accessory uses/structures
- Administrative services
- Agricultural services
- Amateur radio tower
- Automobile parts/supply, retail
- Business or trade school
- Business support services
- Communications services
- Community recreation
- Construction sales and services
- Consumer repair services
- Convenience store
- Crisis center
- Educational facility, college/university
- Educational facility, primary/secondary
- Financial institution
- Garden center
- General office
- Industrial manufacturing
- Laboratories
- Landscaping and lawn care services
- Medical office
- Park-and-ride facility
- Parking facility
- Personal improvement services
- Personal services
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Railroad facilities
- Safety services, public
- Utility services
- Warehouse and distribution
C. Conditional uses:#
- Accessory apartment
- Asphalt plant
- Automobile dealership
- Automobile rental/leasing
- Automobile repair services
- Aviation facility, private
- Aviation facility, public
- Brewery
- Custom manufacturing
- Distillery
- Fish hatchery
- Gasoline station
- Landfill, sanitary
- Meat packing plant
- Outdoor gathering
- Planned unit development
- Public assembly
- Recycling center
- Resource extraction
- Safety services, private
- Scrap and salvage yard
- Transfer station
- Transportation terminal
- Truck terminal
- Winery
- Wireless communications facility
D. Uses specifically prohibited:#
- Abattoirs (slaughterhouses)
- Contractor yards
- Fuel storage yards
- Lumberyards
- Sawmills
- Stonework
E. Site development regulations.#
(1) Minimum acreage required to create a new Planned Industrial District or to expand an existing Planned Industrial District shall be 15 acres of contiguous land.§#
(2) Minimum lot requirements:#
(a) Lots served by private well and sewage disposal system:#
| Requirement | Standard |
|---|---|
| Area | 1.5 acres (65,340 square feet) |
| Frontage | 100 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer, or both:#
| Requirement | Standard |
|---|---|
| Area | 25,000 square feet (0.57 acre) |
| Frontage | 100 feet on a publicly owned and maintained street |
(c) Minimum setback requirements:#
[1] Front yard:#
| Structure | Setback |
|---|---|
| Principal structure | 30 feet, or 20 feet when all parking is behind the front building line |
| Accessory structure | Behind the front building line |
[2] Side yard:#
| Structure | Setback |
|---|---|
| Principal structure | 10 feet |
| Accessory structure | 3 feet |
[3] Rear yard:#
| Structure | Setback |
|---|---|
| Principal structure | 10 feet |
| Accessory structure | 3 feet |
[4] Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.#
(d) Maximum height of structures:#
[1] All structures: 65 feet. Structures may exceed the height limitation provided a conditional use permit is approved in accordance with this article.#
(e) Maximum coverage:#
| Type | Maximum |
|---|---|
| Building coverage | 75% of total area |
| Lot coverage | 90% of total area |
(f) Special regulations:#
[1] The following regulations shall apply in IP Districts:#
[a] Required setback areas and other open areas not needed for operations shall be landscaped, and such landscaping shall be maintained at all times.§#
[b] The following buffer areas shall be required:#
[i] A minimum of 75 feet from any adjoining agricultural, residential, village center or historic overlay district.§#
[ii] A minimum of 20 feet from any adjoining commercial or industrial district.§#
[c] No use shall be permitted which produces objectionable noise or smell, unshielded light, dust, or any other airborne nuisance which is perceptible beyond the property boundary line.§#
[d] All manufacturing, processing, testing, and similar operations shall be contained completely within buildings or structures.§#
[e] Refuse collections areas and bulk loading areas, including a loading and unloading berth, shall be screened from view from all public streets or common boundaries with residential districts.§ These facilities shall be screened using construction materials or earth berms or landscaping that provides year-round screening. This regulation shall not apply to parking or recreational facilities, except that such facilities shall be screened from any adjacent residential development.#
(g) Utilities.#
Utilities shall be underground unless the type of service necessary for normal activity of the industry or business shall prohibit underground installation.§
(h) In order to promote safe ingress and egress for the development, the minimum separation distance between entrances to the public right-of-way shall be 300 feet.§ Additional access between adjoining lots, such as frontage roads and shared parking lots, is strongly encouraged.#
(i) Fire-prevention systems and hydrants.#
The placement of fire hydrants or other fire-prevention systems shall be reviewed by the local Fire Marshal to ensure compliance with the standards set forth by the National Fire Protection Association, or NFPA.§
F. Site development recommendations.#
(1) The IP District should be designed and developed as an industrial park with high standards for landscaping, buffering, and open space. To ensure a park-like atmosphere, the following recommendations are made:#
(a) The principal entrance to the IP District should be sufficiently landscaped to comply with the purpose of this district.#
(b) Parking should be located to the side or rear of the principal structures on the lot wherever feasible. During review, consideration will be given to topographical constraints, innovative site design, buffering and landscaping factors.#
(c) Loading areas should be minimized and sufficiently screened as stated in the site development regulations.#
(d) Fences should not be placed in front yards except where necessary for security purposes. Fencing should be uniform and well kept.#
(e) Open space and recreational areas should be utilized in the design of the development. It is recommended that 15% of the total acreage be developed in this manner.#
§ 19.6-75 H-1 Historic Overlay District.#
A. Purpose.#
The purpose of this district is to recognize, preserve, and encourage the continued appropriate development of historic resources in designated areas by establishing standards for development and allowable uses that will ensure such development. While much of the area in these districts may remain virtually unchanged, other sections may need to change to serve the best interest of the area and its environs and the surrounding property owners. Typical uses within this district include restoration and reconstruction of historic structures, related residential, educational, administrative, maintenance, public assembly, and festival activities, and limited supporting commercial activities.
B. Existing structures and land uses.#
The provisions of this section shall apply only to structures constructed and land uses established or modified after the effective enactment date of this article.
C. Permitted uses:#
- Museums, visitor centers and learning centers
- Restoration and reconstruction of historic structures
- Shops and facilities associated with the historic nature of the property
- Accessory structures related to a permitted use
- Administrative and maintenance facilities related to the historic property
- Agriculture
- Domestic chickens
- Interpretive or other educational structures related to the historic property
- Public activities, promotions, festivals, and celebrations
- Single-family dwelling
- Staff housing
D. Conditional uses:#
- Cemeteries
- Religious assembly
E. Site development regulations.#
(1) The site development regulations in the district shall be the same as those regulations in the A-1 Agricultural Zoning District.#
(2) To provide for adequate screening from adjacent properties, any new structure development, restoration of existing structures, or access to facilities such as roads, parking facilities, or walking path, within 50 feet of any property line shall be screened with a natural vegetative buffer. The buffer shall contain a mixture of deciduous and evergreen trees and shrubbery.#
(3) Signage shall meet the requirements of the A-1 Agricultural Zoning District and should directly relate to the historic nature of the property.#
§ 19.6-76 FPO Floodplain Overlay District.#
[Amended 8-18-2025]
§ 19.6-76.1.1 Statutory authorization and purpose.#
Code of Virginia § 15.2-2283 specifies that zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public and of further accomplishing the objectives of Code of Virginia § 15.2-2200 which encourages localities to improve the public health, safety, convenience, and welfare of their citizens. To these ends, flood ordinances shall be designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flood. In accordance with these directed provisions, this article is specifically adopted pursuant to the authority granted to localities by Code of Virginia § 15.2-2280. The purpose of these provisions is to prevent: the loss of life, health, or 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:
A. 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;#
B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;#
C. 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#
D. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.#
§ 19.6-76.1.2 Applicability.#
These provisions shall apply to all privately and publicly owned lands within the jurisdiction of Appomattox County and identified as areas of special flood hazard as shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to Appomattox County by FEMA.
§ 19.6-76.1.3 Compliance and liability.#
A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.#
B. 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, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that districts outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages.#
C. This article shall not create liability on the part of Appomattox 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.#
§ 19.6-76.1.4 Records.#
Records of actions associated with administering this article shall be kept on file and maintained by or under the direction of the Floodplain Administrator in perpetuity.
§ 19.6-76.1.5 Abrogation and greater restrictions.#
A. To the extent that the provisions are more restrictive, this article supersedes any ordinance currently in effect in flood-prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict, it shall remain in full force and effect.#
B. These regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.#
§ 19.6-76.1.6 Severability.#
If any 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 of this article are hereby declared to be severable.
§ 19.6-76.1.7 Penalty for violations.#
A. Any person who fails to comply with any of the requirements or provisions of this article shall be guilty of the appropriate violation and subject to the penalties thereof.#
B. The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of this article are addressed in § 19.6-34 et seq of this chapter.#
§ 19.6-76.2.1 Designation of Floodplain Administrator.#
The Zoning Administrator, serving as the Floodplain Administrator, is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:
A. Do the work themselves. In the absence of a designated Floodplain Administrator, the duties are conducted by the Appomattox County chief executive officer.#
B. Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.#
C. 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 CFR 59.22.#
§ 19.6-76.2.2 Duties and responsibilities of 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 100-year frequency floodplain of free-flowing non-tidal waters of the State.#
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. Advise applicants for new construction or substantial improvement of structures that are located within an area of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act that Federal flood insurance is not available on such structures; areas subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier Resource System Areas (CBRS) or Otherwise Protected Areas (OPA).#
G. 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.#
H. 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.#
I. Review Elevation Certificates and require incomplete or deficient certificates to be corrected.#
J. 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 Appomattox County, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations.#
K. 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.#
L. Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.#
M. 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.#
N. 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.#
§ 19.6-76.2.2 (continued)#
O. 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.
P. Notify the Federal Emergency Management Agency when the corporate boundaries of Appomattox 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.
Q. 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.
R. 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).
§ 19.6-76.2.3 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, or below the 1% storm surge elevation in coastal 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 pursuant to this article and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.
(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.
§ 19.6-76.2.4 Jurisdictional boundary changes.#
A. The County floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. 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, the governing body shall 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.
B. In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v) all NFIP participating communities must notify the Federal Insurance Administration and optionally the State Coordinating Office in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.
C. In order that all Flood Insurance Rate Maps accurately represent the community's boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority must be included with the notification.
§ 19.6-76.2.5 District boundary changes.#
The delineation of any of the Floodplain Districts may be revised by the Appomattox County where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. A completed LOMR is a record of this approval.
§ 19.6-76.2.6 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.
§ 19.6-76.2.7 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 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.
§ 19.6-76.2.8 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.
§ 19.6-76.3.1 Description of special flood hazard districts.#
A. 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 Appomattox County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated October 16, 2025, and any subsequent revisions or amendments thereto. Appomattox 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 the Appomattox County Administration offices.
(1) 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-annual-chance flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this District are shown on the accompanying FIRM. The following provisions shall apply within the Floodway District of an AE zone:
(a) 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 Appomattox County's endorsement - for a Conditional Letter of Map Revision (CLOMR), and receives the approval of the Federal Emergency Management Agency. If § 19.6-76.3.1(A)(1)(a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 19.6-76.4.
(b) 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.§
(2) The AE or AH Zones on the FIRM accompanying the FIS shall be those areas for which one-percent-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:
(a) 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 foot at any point within Appomattox County.§
Development activities in Zones A1-30, AE, or AH on the Appomattox County FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies - with the Appomattox County's endorsement - for a Conditional Letter of Map Revision, and receives the approval of the Federal Emergency Management Agency.
(3) 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-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-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-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 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 50 lots or five acres, whichever is the lesser.
(4) The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding identified as AO on the FIRM. For these areas, the following provisions shall apply:
(a) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade.§
(b) All new construction and substantial improvements of non-residential structures shall:
[1] Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or
[2] Together with attendant utility and sanitary facilities, be completely floodproofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(c) Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.§
§ 19.6-76.3.2 Overlay concept.#
A. 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.§
B. 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.§
C. 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.
§ 19.6-76.4.1 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 Appomattox County Subdivision Regulations. 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 (including basement) or, in V zones, the lowest horizontal structural member.
(3) For structures to be floodproofed (non-residential only), the elevation to which the structure will be floodproofed.
(4) Topographic information showing existing and proposed ground elevations.
§ 19.6-76.4.2 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 VA 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 of Subsections A through H above, in all special flood hazard areas, the additional provisions shall apply:
I. 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.
J. The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.§
§ 19.6-76.4.3 Elevation and construction standards.#
In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with this article, 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 18 inches.§
B. Non-residential construction.
(1) New construction or substantial improvement of any commercial, industrial, or non-residential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus 18 inches.§
(2) Non-residential 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 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:
Division 7#
District Regulations#
§ 19.6-67 A-1 Agricultural District.#
A. Purpose. Generally this district covers portions of Appomattox County which are occupied by various open uses such as farms, forests or lakes. This district is established for the specific purpose of protecting existing and future farming operations, conservation of water and natural resources, reducing soil erosion, protection of watersheds and reducing hazards from flood, fire and traffic. While it is recognized that certain desirable rural areas may logically be expected to develop residentially, it is the intent, however, to discourage the random scattering of residential, commercial or industrial uses in this district. Nonfarm residents should recognize that they are located in an agricultural environment where the right to farm has been established as a County policy. This district is intended to minimize the demand for unanticipated public improvements and services, such as public sewer, public water, and new roadways, by reducing development densities and discouraging large-scale development.
B. Permitted uses: [Amended 7-6-2015]
- Accessory apartment
- Accessory uses/structures
- Administrative services
- Agricultural services
- Agriculture
- Amateur radio tower
- Bed-and-breakfast
- Club, hunt
- Club, private
- Commercial feedlots
- Community recreation
- Composting
- Crisis center
- Custom manufacturing
- Domestic chickens
- Family day-care home
- Farm employee housing
- Fish hatchery
- Forestry operations
- Garden center
- Home beauty/barber salon
- Home occupation, Type I
- Home occupation, Type II
- Intensive farming facility
- Kennel, commercial
- Kennel, private
- Livestock sales/auction
- Manufactured home
- Manufactured home, accessory
- Park-and-ride facility
- Post office
- Public maintenance and service facility
- Public parks and recreation areas
- Religious assembly
- Residential human care facility
- Single-family dwelling
- Stable, commercial
- Stable, private
- Utility services
- Veterinary hospital/clinic
- Wayside stand
- Winery
C. Conditional uses: [Amended 10-19-2020]
- Abattoir
- Automobile graveyard
- Aviation facility, private
- Brewery
- Campgrounds
- Camps
- Cemetery
- Correctional facilities
- Day-care center
- Educational facilities, primary/secondary
- Farm brewery, limited
- Golf course
- Landfill, sanitary
- Landscaping and lawn care services
- Manufactured home park
- Outdoor gatherings
- Planned unit development
- Public assembly
- Recycling center
- Resource extraction
- Retreat/lodge
- Safety services, private
- Sawmill
- Scrap and salvage services
- Second dwelling
- Shooting range, indoor
- Shooting range, outdoor
- Storage of sewage sludge
- Transfer station
- Wind energy system
- Wireless communications facility
D. Site development regulations.
(1) Minimum lot requirements:
(a) All lots regardless of sewer and water provisions:
| Requirement | Standard |
|---|---|
| Area | 1 acre (43,560 square feet) |
| Frontage | 150 feet on a publicly owned and maintained street |
(2) Minimum setback requirements:
(a) Principal structure:
| Setback | Distance |
|---|---|
| Front | 50 feet from property line or 75 feet from center line of public road, whichever is greater |
| Side | 25 feet |
| Rear | 35 feet |
(b) Accessory structure:
| Setback | Distance |
|---|---|
| Front | 75 feet from center line of public road or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | 15 feet |
(3) Maximum height of structures:
| Structure Type | Maximum Height |
|---|---|
| All structures (except silos) | 45 feet |
| Silos | 100 feet |
(4) Maximum coverage:
| Coverage Type | Maximum Percentage |
|---|---|
| Building coverage | 10% of the total lot area |
| Lot coverage | 25% of the total lot area |
§ 19.6-68 R-1 Low-Density Residential District.#
A. Purpose. This district is composed of certain low concentrations of residential uses plus certain open areas where similar development is expected to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life, and to prohibit commercial uses and other uses likely to generate noise, crowds, large concentrations of traffic, light, dust, odor, smoke and other obnoxious influence.
B. Permitted uses:
- Accessory apartment
- Accessory uses/structures
- Administrative services
- Amateur radio tower
- Community recreation
- Crisis center
- Domestic chickens
- Family day-care home
- Home beauty/barber salon
- Home occupation, Type I
- Park-and-ride facility
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Safety services, public
- Single-family dwelling
- Utility services
C. Conditional uses:
- Cemetery
- Day-care center
- Educational facilities, primary/secondary
- Golf course
- Home for adults
- Kennel, private
- Outdoor gatherings
- Planned unit development
- Religious assembly
- Safety services, private
- Wind energy system
- Wireless communications facility
D. Site development regulations.
(1) Minimum lot requirements:
(a) Lots not served by public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 30,000 square feet (0.69 acre) |
| Frontage | 125 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 20,000 square feet |
| Frontage | 110 feet on a publicly owned and maintained street |
(2) Minimum setback requirements:
(a) Principal structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or 60 feet from center of public road, whichever is greater |
| Side | 15 feet |
| Rear | 35 feet |
(b) Accessory structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | 15 feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.
(3) Maximum height of structures:
| Structure Type | Maximum Height |
|---|---|
| All structures | 35 feet |
(4) Maximum coverage:
| Coverage Type | Maximum Percentage |
|---|---|
| Building coverage | 15% |
| Lot coverage | 35% |
§ 19.6-69 R-2 Medium-Density Residential District.#
A. Purpose. This district is composed of medium-density residential areas plus certain open areas where similar development is expected to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of the land uses, a suitable environment for family life, and to permit certain commercial uses of a character unlikely to develop general concentration of traffic, crowds of customers and general outdoor advertising. To these ends, retail activity is sharply limited and this district is protected against the encroachment of general commercial and industrial uses.
B. Permitted uses:
- Accessory apartment
- Accessory uses/structures
- Administrative services
- Amateur radio tower
- Community recreation
- Crisis center
- Domestic chickens
- Family day-care home
- Home beauty/barber salon
- Home occupation, Type I
- Kennel, private
- Manufactured home
- Park-and-ride facility
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Safety services, public
- Single-family dwelling
- Utility services
C. Conditional uses:
- Boardinghouse
- Cemetery
- Condominium
- Cultural services
- Day-care center
- Educational facilities, primary/secondary
- Golf course
- Hospital
- Manufactured home park
- Outdoor gatherings
- Planned unit development
- Religious assembly
- Safety services, private
- Safety services, public
- Second dwelling
- Two-family dwelling
- Wind energy system
- Wireless communications facility
D. Site development regulations.
(1) Minimum lot requirements:
(a) Lots not served by public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 25,000 square feet (0.57 acre) |
| Frontage | 125 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 15,000 square feet (0.34 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(c) Lots served by both public water and public sewer:
| Requirement | Standard |
|---|---|
| Area | 10,000 square feet (0.23 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(2) Minimum setback requirements:
(a) Principal structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or 60 feet from center line of public road, whichever is greater |
| Side | 15 feet |
| Rear | 35 feet |
(b) Accessory structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | 15 feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.
(3) Maximum height of structures:
| Structure Type | Maximum Height |
|---|---|
| All structures | 35 feet |
(4) Maximum coverage:
| Coverage Type | Maximum Percentage |
|---|---|
| Building coverage | 35% |
| Lot coverage | 50% |
§ 19.6-70 R-3 High-Density Multifamily Residential District.#
A. Purpose. The purpose of this district is to provide areas in the County within the suburban service area where existing middle-to high-density residential development (typically four to 12 units per acre) has been established and land areas which generally appear to be appropriate for such development. The R-3 District is designated based on access to major streets, public water and/or sewer, and schools with suitable capacity to accommodate development at the stated density. A variety of housing densities and styles is encouraged in order to permit a diversity and flexibility in design and layout.
B. Permitted uses:
- Accessory uses/structures
- Amateur radio tower
- Community recreation
- Condominium
- Domestic chickens
- Family day-care home
- Home occupation, Type I
- Multifamily dwelling
- Park-and-ride facility
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Residential human care facility
- Safety services, public
- Single-family dwelling
- Townhouse
- Two-family dwelling
- Utility services
C. Conditional uses:
- Boardinghouse
- Cemetery
- Cultural services
- Day-care center
- Educational facilities, secondary/primary
- Hospital
- Outdoor gatherings
- Planned unit development
- Religious assembly
- Safety services, private
- Wind energy system
- Wireless communications facility
D. Site development regulations.
(1) Minimum lot requirements:
(a) Lots not served by public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 25,000 square feet (0.57 acre) |
| Frontage | 100 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 15,000 square feet (0.34 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(c) Lots served by both public water and public sewer:
| Requirement | Standard |
|---|---|
| Area | 10,000 square feet (0.23 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(d) Minimum lot size and permitted densities for multifamily dwellings and townhomes are referenced in the Additional Regulations section.
(2) Minimum setback requirements:
(a) Principal structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or 60 feet from center line of public road, whichever is greater |
| Side | 15 feet |
| Rear | 35 feet |
(b) Accessory structure:
| Setback | Distance |
|---|---|
| Front | 35 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | 15 feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.
(3) Maximum height of structures:
| Structure Type | Maximum Height |
|---|---|
| All structures | 35 feet |
(4) Maximum coverage:
§ 19.6-70 (Continued)#
(a) Building coverage: 50%.§
(b) Lot coverage: 85%.
§ 19.6-71 V-1 Village Center District.#
A. Purpose.#
The purpose of this district is to establish areas which will serve as the focal point for cultural and commercial activity for the rural service areas of the County. The density recommended for these areas is intended to average between one and three units per acre. Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices, and places of religious assembly, are commonly found at these crossroads locations. This district brings a sense of community to the surrounding rural areas, with an emphasis on providing essential goods and services to rural residents, but is not intended to be an employment destination. New developments should be carefully considered for their compatibility with the surrounding area and the purpose of the V-1 District. Any expansion of the district should be contiguous to an existing V-1 District to avoid leapfrog commercial development and excessive spreading of community services such as water and sewer.
B. Permitted Uses:#
- Accessory apartment
- Accessory uses/structures
- Administrative services
- Amateur radio tower
- Antique shops
- Automobile rental/leasing
- Business or trade school
- Business support services
- Civic clubs
- Commercial indoor entertainment
- Communications services
- Community recreation
- Construction sales and services
- Consumer repair services
- Convenience store
- Cultural service
- Custom manufacturing
- Domestic chickens
- Educational facilities, primary/secondary
- Family day-care home
- Financial institutions
- Funeral services
- Garden center
- Gasoline station
- General office
- Home occupation, Type I
- Hospital
- Hotel/motel/motor lodge
- Kennel, private
- Landscaping and lawn care services
- Manufactured home
- Medical office
- Park-and-ride facility
- Personal improvement services
- Personal services
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Religious assembly
- Residential human care facility
- Restaurant, family
- Restaurant, general
- Retail sales
- Safety services, private
- Safety services, public
- Single-family dwelling
- Studio, fine arts
- Utility services
- Veterinary hospital/clinic
- Wayside stand
C. Conditional Uses:#
[Amended 3-29-2016]
- Automobile dealership
- Automobile parts/supply, retail
- Automobile repair services
- Aviation facility, private
- Bed-and-breakfast
- Boardinghouse
- Campground
- Car wash
- Cemetery
- Clinic
- Commercial indoor amusement
- Commercial indoor sports and recreation
- Commercial outdoor entertainment
- Commercial outdoor sports and recreation
- Condominium
- Construction yard
- Contractor yard
- Dance hall
- Day-care center
- Educational facility, college/university
- Equipment sales and rental
- Flea market
- Golf course
- Halfway house
- Home for adults
- Industrial manufacturing
- Kennel, commercial
- Laboratories
- Life care facility nursing home
- Microbrewery
- Mini warehouse
- Multifamily dwelling
- Outdoor gathering
- Parking facility
- Planned unit development
- Public assembly
- Recreational vehicle sales and service
- Recycling center
- Restaurant
- Two-family dwelling
- Winery
- Wireless communications facility
D. Site Development Regulations.#
(1) Minimum Lot Requirements:#
(a) Lots not served by public water or sewer:
| Requirement | Standard |
|---|---|
| Area | One acre (43,560 square feet) |
| Frontage | 125 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 25,000 square feet (0.57 acre) |
| Frontage | 100 feet on a publicly owned and maintained street |
(c) Lots served by both public water and public sewer:
| Requirement | Standard |
|---|---|
| Area | 15,000 square feet (0.34 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(2) Minimum Setback Requirements:#
(a) Principal structure:
| Setback | Standard |
|---|---|
| Front | 50 feet from property line or 75 feet from center line of public road, whichever is greater |
| Side | 15 feet |
| Rear | 35 feet |
(b) Accessory structure:
| Setback | Standard |
|---|---|
| Front | 50 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | 15 feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.
(3) Maximum Height of Structures:#
(a) All structures: 35 feet.
(4) Maximum Coverage:#
(a) Building coverage: 35%.§
(b) Lot coverage: 75%.
§ 19.6-72 B-1 General Commercial District.#
A. Purpose.#
The purpose of this district is to provide locations for a variety of commercial and service-related activities within the suburban service area serving larger neighborhoods and the County in general. This district is intended for general application throughout the County. General Commercial Districts are most appropriately found along major arterial thoroughfares which serve large segments of the County's population. This district provides a wide variety of retail and service-related uses.
B. Permitted Uses:#
[Amended 8-3-2015; 3-29-2016]
- Accessory apartment
- Accessory uses/structures
- Administrative services
- Agricultural services
- Amateur radio tower
- Antique shops
- Automobile dealership
- Automobile parts/supply retail
- Automobile rental/leasing
- Automobile repair services
- Bed-and-breakfast
- Business or trade school
- Business support services
- Campground
- Car wash
- Cemetery
- Civic clubs
- Clinic
- Commercial indoor amusement
- Commercial indoor entertainment
- Commercial indoor sports and recreation
- Commercial outdoor entertainment
- Commercial outdoor sports and recreation
- Communications services
- Community recreation
- Construction sales and services
- Construction yard
- Consumer repair services
- Contractor yard
- Convenience store
- Crisis center
- Custom manufacturing
- Dance hall
- Day-care center
- Educational facilities, college/university
- Educational facilities, primary/secondary
- Equipment sales and rental
- Family day-care home
- Financial institutions
- Funeral services
- Garden center
- Gasoline station
- General office
- Guidance services
- Home beauty/barber salon
- Home occupation, Type I
- Home occupation, Type II
- Hospital
- Hotel/motel/motor lodge
- Landscaping and lawn care services
- Laundry
- Manufactured home sales
- Medical office
- Microbrewery
- Mini warehouse
- Park-and-ride facility
- Parking facility
- Pawnshop
- Personal improvement services
- Personal services
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Recreational vehicle sales and service
- Religious assembly
- Residential human care facility
- Restaurant, general/drive-in/fast-food
- Retail sales
- Safety services, private
- Safety services, public
- Single-family dwelling
- Studio, fine arts
- Surplus sales
- Truck stop
- Utility services
- Veterinary hospital/clinic
- Wayside stand
- Wireless communications facility
C. Conditional Uses:#
[Amended 8-3-2015; 3-29-2016]
- Adult entertainment
- Automobile graveyard
- Brewery
- Distillery
- Fish hatchery
- Flea market
- Halfway house
- Home for adults
- Industrial manufacturing
- Kennel, commercial
- Laboratories
- Multifamily dwelling
- Outdoor gathering
- Planned unit development
- Public assembly
- Recycling center
- Scrap and salvage services
- Stable, commercial
- Transfer station
- Transportation terminal
- Truck terminal
- Two-family dwelling
- Wind energy system
D. Site Development Regulations.#
(1) Minimum Lot Requirements:#
(a) Lots not served by public water or sewer:
| Requirement | Standard |
|---|---|
| Area | One acre (43,560) square feet |
| Frontage | 100 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 15,000 square feet (0.34 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(c) Lots served by both public water and public sewer:
| Requirement | Standard |
|---|---|
| Area | 10,000 square feet (0.23 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(2) Minimum Setback Requirements:#
(a) Principal structure:
| Setback | Standard |
|---|---|
| Front | 35 feet from property line or 60 feet from center line of public road, whichever is greater |
| Side | None; except when adjacent to a residential use, then 10 feet |
| Rear | 15 feet |
(b) Accessory structure:
| Setback | Standard |
|---|---|
| Front | 35 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | Five feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.
(3) Maximum Height of Structures:#
(a) All structures: 45 feet.
(4) Maximum Coverage:#
(a) Building coverage: 50%.
(b) Lot coverage: 90%.
§ 19.6-72.1 B-2 Limited Commercial District.#
[Added 8-3-2015]
A. Purpose.#
The purpose of this district is to provide locations for a limited segment of commercial and service-related activities within the suburban service area serving larger neighborhoods. This district is intended for application along the major thoroughfares and near existing residential zoning districts. Limited Commercial Districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's residential population and provides a variety of small retail and service-related uses that are meant to be compatible with nearby residential uses. They typically will generate minimal light, noise, and other nuisances. They do not involve the constant traffic flows associated with larger retail/commercial activities.
B. Permitted Uses:#
- Accessory apartment
- Accessory uses/structures
- Administrative services
- Amateur radio tower
- Antique shops
- Automobile rental/leasing
- Business or trade school
- Business support services
- Civic clubs
- Clinic
- Consumer repair services
- Day-care center
- Domestic chickens
- Educational facilities, primary/secondary
- Financial institutions
- Funeral services
- General office
- Guidance services
- Home beauty/barber salon
- Medical office
- Park-and-ride facility
- Pawnshop
- Personal improvement services
- Personal services
- Post office
- Religious assembly
- Retail sales
- Studio, fine arts
- Utility services
- Veterinary hospital/clinic
- Wayside stand
C. Conditional Uses:#
- Automobile dealership
- Automobile graveyard
- Automobile parts/supply retail
- Automobile repair services
- Bed-and-breakfast
- Commercial indoor amusement
- Commercial indoor entertainment
- Commercial indoor sports and recreation
- Commercial outdoor entertainment
- Commercial outdoor sports and recreation
- Equipment sales and rental
- Public assembly
- Recycling center
- Stable, commercial
- Two-family dwelling
- Wind energy system
- Wireless communication facility
D. Site Development Regulations.#
(1) Minimum Lot Requirements:#
(a) Lots not served by public water or sewer:
| Requirement | Standard |
|---|---|
| Area | One acre (43,560) square feet |
| Frontage | 100 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 15,000 square feet (0.34 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(c) Lots served by both public water and public sewer:
| Requirement | Standard |
|---|---|
| Area | 10,000 square feet (0.23 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(2) Minimum Setback Requirements:#
(a) Principal structure:
| Setback | Standard |
|---|---|
| Front | 20 feet from property line or 45 feet from center line of public road, whichever is greater |
| Side | 15 feet |
| Rear | 15 feet |
(b) Accessory structure:
| Setback | Standard |
|---|---|
| Front | 45 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | Five feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.
(3) Maximum Height of Structures:#
(a) All structures: 25 feet.
(4) Maximum Coverage:#
(a) Building coverage: 40%.§
(b) Lot coverage: 60%.
§ 19.6-73 M-1 Industrial District.#
A. Purpose.#
The purpose of this district is to provide areas within the County which are suitable for less-intensive industrial activities. M-1 areas are primarily designated based on the suitability of the land in terms of slope and freedom from flooding, as well as the availability of public services, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system. Distributing these areas throughout the County in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged. Since this district promotes uses that generally will conflict with most others, a high degree of protection to adjoining properties is strongly encouraged.
B. Permitted Uses:#
[Amended 3-29-2016]
- Accessory uses/structures
- Administrative services
- Amateur radio tower
- Brewery
- Business or trade school
- Business support services
- Communications services
- Composting
- Construction sales and services
- Construction yard
- Consumer repair services
- Contractor yard
- Convenience store
- Custom manufacturing
- Distillery
- Equipment sales and rental
- Financial institutions
- Garden center
- General office
- Hotel/motel/motor lodge
- Industrial manufacturing
- Kennel, commercial
- Laboratories
- Landscaping and lawn care services
- Manufactured home sales
- Medical office
- Microbrewery
- Mini warehouse
- Park-and-ride facility
- Parking facility
- Pawn shop
- Personal improvement services
- Personal services
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Recreational vehicle sales and service
- Restaurant
- Retail sales
- Safety services, public
- Sawmill
- Studio, fine arts
- Truck terminal
- Veterinary hospital/clinic
- Warehouse and distribution
- Winery
C. Conditional Uses:#
- Automobile graveyard
- Aviation facility, private
- Aviation facility, public
- Flea market
- Gasoline station
- Outdoor gathering
- Planned unit development
- Public assembly
- Recycling center
- Resource extraction
- Scrap and salvage services
- Transfer station
- Truck stop
- Wireless communications facility
D. Site Development Regulations.#
(1) Minimum Lot Requirements:#
(a) Lots not served by public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 25,000 square feet (0.57 acre) |
| Frontage | 100 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer:
| Requirement | Standard |
|---|---|
| Area | 15,000 square feet (0.34 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(c) Lots served by both public water and public sewer:
| Requirement | Standard |
|---|---|
| Area | 10,000 square feet (0.23 acre) |
| Frontage | 80 feet on a publicly owned and maintained street |
(d) Minimum lot size and permitted densities for multifamily dwellings and townhomes are referenced in the Additional Regulations section.
(2) Minimum Setback Requirements:#
(a) Principal structure:
| Setback | Standard |
|---|---|
| Front | 35 feet from property line or 60 feet from center line of public road, whichever is greater |
| Side | 15 feet |
| Rear | 35 feet |
(b) Accessory structure:
| Setback | Standard |
|---|---|
| Front | 35 feet from property line or behind the front building line, whichever distance is less |
| Side | 15 feet |
| Rear | 15 feet |
(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.
(3) Maximum Height of Structures:#
(a) All structures: 35 feet.
(4) Maximum Coverage:#
(a) Building coverage: 35%.
(b) Lot coverage: 50%.
§ 19.6-74 IP Planned Industrial District.#
[Amended 3-29-2016; 11-18-2024]
A. Purpose.#
The Planned Industrial (IP) District is established primarily for light to medium industrial uses. Supporting accessory uses and facilities, such as office and commercial establishments, are also permitted. The IP District is intended to be designed with a park-like atmosphere that complements surrounding land uses by means of appropriate siting of buildings, controlled access points, attractive and harmonious architecture, and effective landscape buffering. The IP District is intended to provide flexibility in design and site layout, allow latitude in combining different use types within a single development, and provide the developer with incentives to create an aesthetically pleasing and functional planned development. Important in determining the location and size of an IP District is the accessibility of the location, the availability of public utilities, public safety services, and the suitability of the topography for industrial purposes.
B. Permitted Uses:#
- Accessory uses/structures
- Administrative services
- Agricultural services
- Amateur radio tower
- Automobile parts/supply, retail
- Business or trade school
- Business support services
- Communications services
- Community recreation
- Construction sales and services
- Consumer repair services
- Convenience store
- Crisis center
- Educational facility, college/university
- Educational facility, primary/secondary
- Financial institution
- Garden center
- General office
- Industrial manufacturing
- Laboratories
- Landscaping and lawn care services
- Medical office
- Park-and-ride facility
- Parking facility
- Personal improvement services
- Personal services
- Post office
- Public maintenance and service facility
- Public parks and recreational areas
- Railroad facilities
- Safety services, public
- Utility services
- Warehouse and distribution
C. Conditional Uses:#
- Accessory apartment
- Asphalt plant
- Automobile dealership
- Automobile rental/leasing
- Automobile repair services
- Aviation facility, private
- Aviation facility, public
- Brewery
- Custom manufacturing
- Distillery
- Fish hatchery
- Gasoline station
- Landfill, sanitary
- Meat packing plant
- Outdoor gathering
- Planned unit development
- Public assembly
- Recycling center
- Resource extraction
- Safety services, private
- Scrap and salvage yard
- Transfer station
- Transportation terminal
- Truck terminal
- Winery
- Wireless communications facility
D. Uses Specifically Prohibited:#
- Abattoirs (slaughterhouses)
- Contractor yards
- Fuel storage yards
- Lumberyards
- Sawmills
- Stonework
E. Site Development Regulations.#
(1) Minimum Acreage Required:#
Minimum acreage required to create a new Planned Industrial District or to expand an existing Planned Industrial District shall be 15 acres of contiguous land.
(2) Minimum Lot Requirements:#
(a) Lots served by private well and sewage disposal system:
| Requirement | Standard |
|---|---|
| Area | 1.5 acres (65,340 square feet) |
| Frontage | 100 feet on a publicly owned and maintained street |
(b) Lots served by either public water or sewer, or both:
| Requirement | Standard |
|---|---|
| Area | 25,000 square feet (0.57 acre) |
| Frontage | 100 feet on a publicly owned and maintained street |
(c) Minimum Setback Requirements:#
[1] Front yard:
| Structure | Standard |
|---|---|
| Principal structure | 30 feet, or 20 feet when all parking is behind the front building line |
| Accessory structure | Behind the front building line |
[2] Side yard:
| Structure | Standard |
|---|---|
| Principal structure | 10 feet |
| Accessory structure | Three feet |
[3] Rear yard:
| Structure | Standard |
|---|---|
| Principal structure | 10 feet |
| Accessory structure | Three feet |
[4] Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.
(d) Maximum Height of Structures:#
[1] All structures: 65 feet. Structures may exceed the height limitation provided a conditional use permit is approved in accordance with this article.
(e) Maximum Coverage:#
[1] Building coverage: 75% of total area.§
[2] Lot coverage: 90% of total area.
(f) Special Regulations:#
[1] The following regulations shall apply in IP Districts:
[a] Required setback areas and other open areas not needed for operations shall be landscaped, and such landscaping shall be maintained at all times.
[b] The following buffer areas shall be required:
[i] A minimum of 75 feet from any adjoining agricultural, residential, village center or historic overlay district.
[ii] A minimum of 20 feet from any adjoining commercial or industrial district.
[c] No use shall be permitted which produces objectionable noise or smell, unshielded light, dust, or any other airborne nuisance which is perceptible beyond the property boundary line.
[d] All manufacturing, processing, testing, and similar operations shall be contained completely within buildings or structures.
[e] Refuse collections areas and bulk loading areas, including a loading and unloading berth, shall be screened from view from all public streets or common boundaries with residential districts. These facilities shall be screened using construction materials or earth berms or landscaping that provides year-round screening. This regulation shall not apply to parking or recreational facilities, except that such facilities shall be screened from any adjacent residential development.
(g) Utilities:#
Utilities shall be underground unless the type of service necessary for normal activity of the industry or business shall prohibit underground installation.
(h) Access:#
In order to promote safe ingress and egress for the development, the minimum separation distance between entrances to the public right-of-way shall be 300 feet. Additional access between adjoining lots, such as frontage roads and shared parking lots, is strongly encouraged.
(i) Fire-Prevention Systems and Hydrants:#
The placement of fire hydrants or other fire-prevention systems shall be reviewed by the local Fire Marshal to ensure compliance with the standards set forth by the National Fire Protection Association, or NFPA.
F. Site Development Recommendations.#
(1) The IP District should be designed and developed as an industrial park with high standards for landscaping, buffering, and open space. To ensure a park-like atmosphere, the following recommendations are made:
(a) The principal entrance to the IP District should be sufficiently landscaped to comply with the purpose of this district.
(b) Parking should be located to the side or rear of the principal structures on the lot wherever feasible. During review, consideration will be given to topographical constraints, innovative site design, buffering and landscaping factors.
(c) Loading areas should be minimized and sufficiently screened as stated in the site development regulations.
(d) Fences should not be placed in front yards except where necessary for security purposes. Fencing should be uniform and well kept.
(e) Open space and recreational areas should be utilized in the design of the development. It is recommended that 15% of the total acreage be developed in this manner.
§ 19.6-75 H-1 Historic Overlay District.#
A. Purpose.#
The purpose of this district is to recognize, preserve, and encourage the continued appropriate development of historic resources in designated areas by establishing standards for development and allowable uses that will ensure such development. While much of the area in these districts may remain virtually unchanged, other sections may need to change to serve the best interest of the area and its environs and the surrounding property owners. Typical uses within this district include restoration and reconstruction of historic structures, related residential, educational, administrative, maintenance, public assembly, and festival activities, and limited supporting commercial activities.
B. Existing Structures and Land Uses.#
The provisions of this section shall apply only to structures constructed and land uses established or modified after the effective enactment date of this article.
C. Permitted Uses:#
- Museums, visitor centers and learning centers
- Restoration and reconstruction of historic structures
- Shops and facilities associated with the historic nature of the property
- Accessory structures related to a permitted use
- Administrative and maintenance facilities related to the historic property
- Agriculture
- Domestic chickens
- Interpretive or other educational structures related to the historic property
- Public activities, promotions, festivals, and celebrations
- Single-family dwelling
- Staff housing
D. Conditional Uses:#
- Cemeteries
- Religious assembly
E. Site Development Regulations.#
(1) The site development regulations in the district shall be the same as those regulations in the A-1 Agricultural Zoning District.
§ 19.6-76 FPO Floodplain Overlay District.#
[Amended 8-18-2025]
§ 19.6-76.1.1 Statutory authorization and purpose.#
Code of Virginia § 15.2-2283 specifies that zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public and of further accomplishing the objectives of Code of Virginia § 15.2-2200 which encourages localities to improve the public health, safety, convenience, and welfare of their citizens. To these ends, flood ordinances shall be designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flood. In accordance with these directed provisions, this article is specifically adopted pursuant to the authority granted to localities by Code of Virginia § 15.2-2280. The purpose of these provisions is to prevent: the loss of life, health, or 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:
A. 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;
B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;
C. 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
D. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
§ 19.6-76.1.2 Applicability.#
These provisions shall apply to all privately and publicly owned lands within the jurisdiction of Appomattox County and identified as areas of special flood hazard as shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to Appomattox County by FEMA.
§ 19.6-76.1.3 Compliance and liability.#
A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.
B. 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, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that districts outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages.
C. This article shall not create liability on the part of Appomattox 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.
§ 19.6-76.1.4 Records.#
Records of actions associated with administering this article shall be kept on file and maintained by or under the direction of the Floodplain Administrator in perpetuity.
§ 19.6-76.1.5 Abrogation and greater restrictions.#
A. To the extent that the provisions are more restrictive, this article supersedes any ordinance currently in effect in flood-prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict, it shall remain in full force and effect.
B. These regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.
§ 19.6-76.1.6 Severability.#
If any 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 of this article are hereby declared to be severable.
§ 19.6-76.1.7 Penalty for violations.#
A. Any person who fails to comply with any of the requirements or provisions of this article shall be guilty of the appropriate violation and subject to the penalties thereof.
B. The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of this article are addressed in § 19.6-34 et seq of this chapter.
§ 19.6-76.2.1 Designation of Floodplain Administrator.#
The Zoning Administrator, serving as the Floodplain Administrator, is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:
A. Do the work themselves. In the absence of a designated Floodplain Administrator, the duties are conducted by the Appomattox County chief executive officer.
B. Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.
C. 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 CFR 59.22.
§ 19.6-76.2.2 Duties and responsibilities of 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 100-year frequency floodplain of free-flowing non-tidal waters of the State.
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. Advise applicants for new construction or substantial improvement of structures that are located within an area of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act that Federal flood insurance is not available on such structures; areas subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier Resource System Areas (CBRS) or Otherwise Protected Areas (OPA).
G. 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.
H. 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.
I. Review Elevation Certificates and require incomplete or deficient certificates to be corrected.
J. 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 Appomattox County, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations.
K. 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.
L. Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.
M. 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.
N. 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.
O. 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.
P. Notify the Federal Emergency Management Agency when the corporate boundaries of Appomattox 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.
Q. 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.
R. 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).
§ 19.6-76.2.3 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, or below the 1% storm surge elevation in coastal 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 pursuant to this article and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.
(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.
§ 19.6-76.2.4 Jurisdictional boundary changes.#
A. The County floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. 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, the governing body shall 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.
B. In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v) all NFIP participating communities must notify the Federal Insurance Administration and optionally the State Coordinating Office in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.
C. In order that all Flood Insurance Rate Maps accurately represent the community's boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority must be included with the notification.
§ 19.6-76.2.5 District boundary changes.#
The delineation of any of the Floodplain Districts may be revised by the Appomattox County where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. A completed LOMR is a record of this approval.
§ 19.6-76.2.6 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.
§ 19.6-76.2.7 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 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.
§ 19.6-76.2.8 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.
§ 19.6-76.3.1 Description of special flood hazard districts.#
A. 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 Appomattox County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated October 16, 2025, and any subsequent revisions or amendments thereto. Appomattox 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 the Appomattox County Administration offices.
(1) 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-annual-chance flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this District are shown on the accompanying FIRM. The following provisions shall apply within the Floodway District of an AE zone:
(a) 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 Appomattox County's endorsement - for a Conditional Letter of Map Revision (CLOMR), and receives the approval of the Federal Emergency Management Agency. If § 19.6-76.3.1(A)(1)(a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 19.6-76.4.
(b) 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.
(2) The AE or AH Zones on the FIRM accompanying the FIS shall be those areas for which one-percent-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:
(a) 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 foot at any point within Appomattox County.
§ 19.6-76.3.1 (continued)#
Development activities in Zones A1-30, AE, or AH on the Appomattox County FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies - with the Appomattox County's endorsement - for a Conditional Letter of Map Revision, and receives the approval of the Federal Emergency Management Agency.
(3) 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-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-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-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 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 50 lots or five acres, whichever is the lesser.
(4) The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding identified as AO on the FIRM. For these areas, the following provisions shall apply:
(a) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade.
(b) All new construction and substantial improvements of non-residential structures shall:
[1] Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or
[2] Together with attendant utility and sanitary facilities, be completely floodproofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(c) Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.
§ 19.6-76.3.2 Overlay concept.#
A. 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.
B. 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.
C. 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.
§ 19.6-76.4.1 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 Appomattox County Subdivision Regulations. 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 (including basement) or, in V zones, the lowest horizontal structural member.
(3) For structures to be floodproofed (non-residential only), the elevation to which the structure will be floodproofed.
(4) Topographic information showing existing and proposed ground elevations.
§ 19.6-76.4.2 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 VA 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 of Subsections A through H above, in all special flood hazard areas, the additional provisions shall apply:
I. 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.
J. The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.
§ 19.6-76.4.3 Elevation and construction standards.#
In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with this article, 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 18 inches.
B. Non-residential construction.
(1) New construction or substantial improvement of any commercial, industrial, or non-residential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus 18 inches.
(2) Non-residential 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 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 openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:
(a) Provide a minimum of two openings on different sides of each enclosed area subject to flooding.
(b) The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.§
(c) If a building has more than one 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 foot above the adjacent grade.
(e) Openings may be equipped with screens, louvers, or other opening 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 and other requirements of this article or, if not elevated or dry floodproofed, shall:
(a) Not be used for human habitation;
(b) Be limited to no more than 600 square 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 flood openings on different sides of each enclosed area; if a building has more than one 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 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 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, including the elevation and anchoring requirements in this article.
(2) All recreational vehicles placed on sites must either:
(a) Be on the site for fewer than 10 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 in the Virginia Uniform Statewide Building Code (VA USBC).
§ 19.6-76.4.4 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; and
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 five lots or five acres, whichever is the lesser.
§ 19.6-76.5.1 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 of the following exceptions is established before the change is made:
A. The floodplain manager has determined that:
(1) Change is not a substantial repair or substantial improvement; and
(2) No new square footage is being built in the floodplain that is not complaint; and
(3) No new square footage is being built in the floodway; and
(4) The change complies with this article and the VA USBC; and
(5) The change, when added to all the changes made during a rolling five-year period does not constitute 50% of the structure's value.§
B. The changes are required to comply with a citation for a health or safety violation.
C. The structure is a historic structure and the change required would impair the historic nature of the structure.
§ 19.6-76.6.1 Variances as applied to Floodplain Overlay District.#
A. Variances shall be issued only upon:
(1) A showing of good and sufficient cause;
(2) After the Board of Zoning Appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant; and
(3) 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.
B. While the granting of variances generally is limited to a lot size less than 1/2 acre, deviations from that limitation may occur. However, as the lot size increases beyond 1/2 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 1/2 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.
C. Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the provisions 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.
D. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors:
(1) The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase in the one-percent-chance flood elevation.§
(2) The danger that materials may be swept on to other lands or downstream to the injury of others.
(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
(10) The safety of access by ordinary and emergency vehicles to the property in time of flood.
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
(12) The 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.
(13) No variance shall be granted for an accessory structure exceeding 600 square feet.§
(14) Such other factors which are relevant to the purposes of this article.
E. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in:
(1) Unacceptable or prohibited increases in flood heights;
(2) Additional threats to public safety;
(3) Extraordinary public expense; and will not;
(4) Create nuisances;
(5) Cause fraud or victimization of the public; or
(6) Conflict with local laws or ordinances.
F. Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief.
G. 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-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.