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<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, <br />