§ 14-122. Special exceptions.

(a)

Conditions. The Director shall have the authority set forth in 44 CFR § 60.6 to grant special exceptions to the sections of this article, other than such sections as pertain to the requirements of the Virginia Statewide Uniform Building Code and to the Chesapeake Bay Preservation Act set forth in Article IV of this chapter, provided that the applicant shall furnish sufficient information and documentation to satisfy the Director as to the following factors:

(1)

There will be no increased danger to life and property due to increased flood heights or velocities caused by encroachments;

(2)

Proposed development or activity within a floodway district will not cause any increase in flood levels during the 100-year flood;

(3)

There will be no danger that materials may be swept downstream or on to other properties to the injury of others;

(4)

The ability of proposed water supply and sanitation systems to avoid contamination and unsanitary conditions;

(5)

The susceptibility of the proposed development and its contents to flood damage will be minimal;

(6)

The expected heights, velocity, duration, rate of rise and sediment transport of floodwaters at the site will be acceptable in view of the purposes of this article;

(7)

The availability of necessary access to the facility prior to and during periods of flooding;

(8)

The requirements of the proposed development or activity for a waterfront location and the lack of availability of suitable alternative locations not subject to flooding or not requiring the issuance of a special exception;

(9)

The appropriateness of the proposed development or activity with regard to the City's master plan;

(10)

The proposed development or activity will not result in any conflict with the purposes of this article or with other codes and ordinances that may be applicable;

(11)

The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the special exception is the minimum necessary to preserve the historic character and design of the structure; and

(12)

The exception shall be the minimum required to provide relief from the exceptional hardship to the applicant.

(b)

Notification of cost of flood insurance. Upon issuance of a special exception for any development or activity below the 100-year flood level, the Director shall notify the applicant in writing that the cost of flood insurance will be commensurate with the increased risk resulting from such development or activity.

(c)

Records of special exceptions issued. The Director shall maintain records of all special exceptions granted, including the justification for each, and shall include any applicable records in reports required by and submitted to the Federal Insurance Administrator.

(Code 1993, § 13-84; Code 2004, § 50-124; Ord. No. 2004-330-320, § 1, 12-13-2004; Ord. No. 2009-12-31, § 1, 2-23-2009; Ord. No. 2014-95-66, § 3, 4-28-2014)

(Code 1993, § 13-84; Code 2004, § 50-124; Ord. No. 2004-330-320, § 1, 12-13-2004; Ord. No. 2009-12-31, § 1, 2-23-2009; Ord. No. 2014-95-66, § 3, 4-28-2014)