<br />July 22, 2008
<br />
<br />the need for Tobacco Commission to help fund education and Delegate Marshall pointed
<br />out there is also a need for a job market to keep the educated workforce in the
<br />community; the need for assistance In small business development from Tobacco
<br />Commission.
<br />
<br />Mayor Lawson presented a proclamation to Harry Byrd acknowledging Contact
<br />Sunday, August 3,2008.
<br />
<br />Mayor Lawson presented a proclamation
<br />acknowledging National Night Out, August 5, 2008.
<br />gatherings will be held throughout the city and
<br />encourage citizen involvement.
<br />On a motion by Gene Teague, seconded by Kimble Reynolds, Jr., with the following
<br />
<br />to Mike
<br />
<br />Rogers,
<br />
<br />Police Chief,
<br />
<br />Chief Rogers reported neighborhood
<br />county as they were last year to
<br />
<br />recorded vote: Lawson, aye; Reynolds, aye; Teague, aye; Stroud, aye; and Turner, aye,
<br />
<br />Council approved, on second reading, the updated Flood Plain ordinance as follows:
<br />
<br />ORDINANCE NO.
<br />
<br />AN ORDINANCE AMENDING ORDINANCE NO. 91-11, TilE ZONING ORDINANCE OF _THE CITY OF MARTlNSVILLE, VIRGINIA, BY
<br />ESTABLlSllING fLOODPLAIN DISTRICTS, BY REQUIRING TIlE ISSUANCE OF PERMITS FOR DEVELOPMENT, AND BY PROVIDING FACTORS
<br />AND CONDITIONS FOR VARIANCES TO THE TERMS OF THE ORDINANCES.
<br />BE IT ENACTED AND ORDAINED BY 'IIII' CITY COUNCIL OF THL CITY OF MARTlNSVILLE, VIRGINIA, AS FOLLOWS:
<br />ARTICLE I - GENERAL PROVISIONS
<br />Section I.I - Purpose
<br />The purpose of these provisions is to prevent the loss of life and property, the creation of health ,md safety hazards. the disruption of commerce and governmental
<br />services, the extraordinary ,md unnecessary expenditure ofpuhlie funds for flood protectim and relief, and the impairnlent of the tax base by:
<br />A. Regulating uses, activities, and development which, alone or in eomhination with other existing or future uses, activities, and development, will cause
<br />unacceptahle increases in flood heights. velocities, and frequencies:
<br />B. Restricting or prohibiting certain uses, activities. and development from locatilg within districts suhject to flooding:
<br />C. Requiring all those uses, activities, and developments that do occur in flood-prone districts to he protected ancl/or tlood-proofed against tlooding and
<br />flood damage; and,
<br />D. Protecting individuals from buying land and structures which are unsuited for intended purposes hecause of flood hazanis.
<br />Section 1.2 - Applicabilitv
<br />These provisions shall apply to all lands within the jurisdiction of the City of Martinsville and identifIed as heing in the IOO-year floodplain hy the Federal
<br />Insurance Administration
<br />Section 1.3 - Compliance and Liability
<br />A. No land shall hereaftcr he developed and no structure shall hc located, rclocated. constructed. reconstructed. enlarged, or stmcturally altered except in
<br />filII compliance with the ternlS and provisions of this ordinance ,1Ild any other applicahle ordinances and regulations which apply to uses within the
<br />jurisdiction of this ordinance.
<br />B. The degree of flood protection sought hy the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable
<br />engineering methods of study Larger floods may occur on rare occasions. Flood heights may he increased by man-made or natural causes, such as ice
<br />jams and bridge openings restricted hy dehris. This ordinance does not imply that districts outside the floodplain district. or that land uses permitted
<br />within such district will be free from flooding or flood damages.
<br />C. Records of a~iions associated will1 administering 111is ordinance shall he kept on llle and maintained hy the Planning and Zoning Administrator.
<br />D. This ordinance shall not create liahility on the part ofthe City of Martinsville or any officer or employee thereof for any flood damages that result from
<br />reliance on this ordinance or any administrative decision lawfully made thereunder.
<br />Section 1.4 - Abrogation and Greater Restrictions
<br />This ordinance supersedes any ordinance currently in effect in tlood-prone districts. However, any underlying ordinance shall remain in full force and effect to the
<br />extent that its provisions arc morc restrictive than this ordimmce.
<br />Section 1.5 - Severability
<br />
<br />If any section, subsection, paragraph, sentence, clause, or phra'ie of this ordinance shall be declared invalid f()r any reason whatever, such decision shall not affect
<br />the remaining portions of this ordinance. The remaining portions shall remain in full force and effect and for this purpose, the provisions of this ordinance are
<br />hereby declared to be severable.
<br />ARTICLE II - DEFINITIONS
<br />A. Base flood - The flood having a one percent chance of being equaled or exceeded in any given year.
<br />B. Base flood elevation - The Federal Emergency Management Agen~y designated one hundred (IOO)-year water surface elevation.
<br />C. Basement - Any area of the building having its tloor sub-grade (below ground level) on all sides.
<br />D. Board of Zoning Appeals - The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the
<br />interpretation of this ordinance.
<br />E. Development - Any man-made change to improved or unimproved real estate, including. but not limited to, buildings or other structures, mining,
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