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19860916 1986-42ORDINANCE NO. 1986-42 AN ORDINANCE AMENDING AND REORDAINING CHAPTER 26, DIVISION 2 OF THE CODE OF THE CITY OF FA1RFAX, VIRGINIA PERTAINING TO FLOODPLAINS BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Article II, Division 2 of Chapter 26 of the Code of the City of Fairfax, Virginia, be and it hereby is deleted in its entirety and replaced with the following: DIVISION 2 FLOODPLAINS Section 26-15 Purpose These regulations are established to protect against loss of life, health or property from flood, and to preserve and protect floodplains in a natural state for the preservation of wildlife habitats, the maintenance of the natural integrity and function of streams and the protection of water quality. Section 26-16 General provisions a. The provisions of this division shall apply to all land located within a floodplain as defined in Section 26-# and ad)ac,n: areas as specified. These provisions shall not be construed to permit the alteration of floodplain boundaries. b. No building or structure or addition to any existing building or structure increas- ing its outside perimeter or any other construction or excavation, except as specified in Section 26-17, shall be erected in or over the floodplain. c. The Zoning Administrator shall be responsible for the interpretation of flood- plain boundaries. The determination of the floodplain boundary by the Zoning Administrator may be appealed to the Board of Zoning Appeals pursuant to Section 26-220. d. The underside of the lowest floor (including basement) of any structure shall be a minimum of lg inches above the floodplain elevation of the watershed within which the proposed structure is located. e. The approval of any floodplain development shall not constitute a representa- tion, guarantee or warranty of any kind by the City or any board, commission, agent or employee thereof of the practicability or safety of any proposal, and shall create no liability on the part of or give cause for any action against said bodies or individuals for any loss or damage that may result therefrom. Section 26-17 Permitted Uses The following uses and improvements are permitted with a special use permit issued by City Council in accordance with the provisions of Section 26-103 provided that the Zoning Administrator has determined that such use is permitted in the zoning district in which the proposed use or improvement is located: de Agricultural uses Public passive outdoor recreational uses such as parks, picnic grounds and trails. Utilities and public facilities and improvements such as streets, channel improvements, bridges, utility pipes and utility transmission lines. Off street parking areas which do not exceed 5,000 square feet in area, which have one foot or less depth of flooding, and which will not require fill in excess of 12 inches in depth. Section 26-17.1 Review Criteria In addition to the factors specified in Section 26-103, City Council shall con- sider the following factors when considering special use permits for floodplain devel- opment: 1986-42 -2- ae Adverse affects on the capacity of the channel. The type and location of the proposed improvement. The frequency and nature of flooding, Extent of proposed grading and erosion control measures, Impact upon upstream and downstream properties. Potential to cause increased flooding or jeopardize human life. Impact upon the environment and water quality. This ordinance shall become effective immediately upon its adoption. PLANNING COMMISSION HEARING: July 28, 1986 CITY COUNCIL HEARING: September 16, 1986 ADOPTED: September 16, 1986 ATTEST: