19930209 1993-8ORDINANCE NO. 1993-8
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26,
ARTICLE II, DIVISIONS 2 AND 3 OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA TO PERMIT CERTAIN LIMITED USES IN THE
FLOODPLAIN AND PROVIDE FOR EXCEPTIONS TO THE
CHESAPEAKE BAY PRESERVATION REGULATIONS.
WHEREAS, the City seeks to protect against the loss of life, health and
due to floods; and
WHEREAS, the City also seeks to encourage economic development
activities that provide desirable employment and enlarge the tax base,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia that Chapter 26, Article I, Section 26-4 of the Code of the City of
Fairfax, Virginia is hereby amended to include the following definition:
"Floodplain: Any land area which is subject to inundation by waters of the one
hundred (100)-year flood as delineated or shown on the official map dated July
19, 1965, as amended by delineations showing "one hundred-year frequency
:flood level" indicated on sheets 1 through 30, inclusive, which map and sheets
are made part of this chapter by reference. In addition, floodplain shall include
all subsequent amendments authorized by the City in accordance with the
provisions of §26-16 (d) and (e) of this chapter."
BE IT FURTHER ORDAINED that Chapter 26, Article II, Division II is
hereby amended to read in its entirety as follows:
"DIVISION 2. FLOODPLAINS
Sec. 26-15. Purpose
These regulations are established to protect against loss of life, health or property
from flood, to permit alterations to developed sites and structures located within
the floodplain in a manner consistent with appropriate floodplain management
practices and this division, and to otherwise preserve and protect floodplains in a
'natural state, where possible, for the preservation of wildlife habitats, the
ance of the natural integrity and function of streams and the protection
water quality.
Sec. 26-16. General Provisions
(a) The provisions of this division shall apply to all land located within a
floodplain as defined in section 26-4 of this chapter. These provisions shall
not be construed to permit the alteration of floodplain boundaries except as
provided in subsections (d) and (e).
No building or structure or addition to any existing building or structure
increasing its outside perimeter, or any other construction or excavation
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shall be erected in or over the floodplain except in compliance with the
provisions of this division. This division shall be applied in addition to all
other applicable federal, state and local statutes, laws, ordinances and
regulations. Where such statutes, laws, ordinances and regulations conflict,
the more restrictive shall prevail.
(c) No person shall use any floodplain without first having secured a floodplain
permit from the zoning administrator. A floodplain permit shall be issued
by the zoning administrator after an application has been submitted along
with any documentation required by the zoning administrator and a fee in
accordance with the schedule of fees adopted by the City Council. The
zoning administrator shall issue such permit only after he is satisfied that
such use complies with the requirements of this division.
(d) The city council may modify the boundaries of the floodplain in accordance
with the procedures established for zoning map amendments contained in §
26-5 of this chapter. Any such modification shall be based upon hydrologic
and hydraulic analyses performed by an engineer who shall certify that the
technical methods used correctly reflect accepted engineering design
methods. Prior to any such modification, approval shall be obtained from
the Federal Emergency Management Agency.
(e) The zoning administrator shall be responsible for the interpretation of
floodplain boundaries, and may approve minor refinements after consulting
with the City Engineer to more accurately determine the true location of such
boundaries. Such approval shall be based on hydrologic and hydraulic
analyses performed by an engineer, who shall certify that the technical
methods used correctly reflect accepted engineering design methods. The
determination of the floodplain boundary by the zoning administrator may
be appealed by an aggrieved party to the board of zoning appeals pursuant
to § 26-220 et seq. of this chapter.
(f) The approval of any floodplain development shall not constitute a
representation, 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. In addition, approval of any use or development within the
floodplain shall not be construed as creating an obligation or need for the
expenditure of public funds to construct, maintain or remove public or
private drainage systems.
26-17 Permitted uses.
following uses shall be permitted within the floodplain by right or with a
use permit, as specified, provided that such uses are permitted in the
district within which they are located, the review criteria contained in
are met, and a floodplain permit is obtained as specified in §26-16(c).
By right:
Utilities and public facilities and improvements such as streets, channel
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improvements, bridges, utility pipes, utility transmission lines and stormwater
management facilities shall be permitted.
(2) The following uses and improvements shall be permitted by right
provided that the area of impervious surface shall not exceed two thousand five
hundred (2500) square feet and such uses or improvements shall not contain
areas of fill in excess of twelve (12) inches in depth:
a. Agricultural uses such as farming, gardening, grazing, and similar uses.
b. Outdoor recreational uses such as parks, trails, picnic grounds, athletic
fields, play grounds, golf courses, tennis courts and archery ranges.
c. Parking areas.
d. Residential accessory structures, decks and patios.
(b) With special use permit: The following uses and improvements shall be
permitted with a special use permit issued by city council in accordance with the
provisions of § 26-103 provided that such use is permitted in the zoning district
in which the proposed use or improvement is located:
(1) The uses permitted by right specified in § 26-17 (a)(2) where the area of
impervious surface will exceed two thousand five hundred (2500) square
feet or such uses or improvements will contain areas of fill in excess of
twelve (12) inches in depth.
(2) Redevelopment of property.
For the purposes of this division, redevelopment shall be any
reconstruction, conversion, structural alteration, relocation or
enlargement of any structure or any extension of the use of the land. No
redevelopment shall be permitted in any floodplain until the developer
submits to the zoning administrator a study performed by an engineer
which addresses the review criteria contained in § 26-17.1.
Redevelopment shall only be permitted if construction techniques are
employed which floodproof each structure located within the floodplain
in accordance with the National Flood Insurance Program, Uniform
Statewide Building Code flood proofing standards, and all other
applicable requirements. In addition, the underside of the lowest floor
(including basement) of any strUcture shall be a minimum of eighteen
(18) inches above the floodplain elevation.
Sec. 26-17.1 Review Criteria.
Permitted uses, activities or developments (including redevelopments) within
the floodplain shall be permitted only when all available alternative locations not
within the floodplain have been properly considered and it is not possible to
accommodate reasonable development outside the floodplain boundaries.
Each application for a floodplain permit, together with required supporting
documentation, shall clearly demonstrate that the proposed use, activity or
development:
(a) Shall minimize grading to the maximum possible extent.
(b) Shall minimize the amount of impervious surface to the maximum possible
extent through site design, the use of porous construction materials, grid or
modular pavement, and other reasonable methods.
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(c) Shall minimize the loss of natural vegetation and natural stormwater
characteristics.
(d) Shall minimize the susceptibility of structures and their contents to flood
damage.
(e) Shall not negatively affect water quality.
(f) Shall not increase the intensity or extent of flooding of lands above or below
the property or jeopardize property or human life.
(g) Shall not adversely affect the capacity of the floodplain channel or increase
erosion within or adjacent to the floodplain.
(h) Shall minimize negative impacts upon wildlife habitat."
BE IT STILL FURTHER ORDAINED that Chapter 26, Article II, Division III is
hereby amended with the addition of the following Section 26-1 9.3:
"Sec. 26-19.3 Special Exceptions
The City Council may, by special exception, permit within the RMA or RPA
additional uses permitted within a floodplain where such uses are not permitted
uses specified in § 26-19.2, provided that:
(a) Such additional use is permitted in the underlying zoning district; and
(b) Special exceptions shall be granted only in accordance with the procedures
and limitations established for special use permits in §26-103; and
The special exception request is the minimum necessary to afford relief; and
The special exception request shall identify the impacts of the proposed
exception on water quality and on adjacent lands through the performance
of a water quality impact assessment which complies with the provisions of
§ 26-19.1(c); and
The exception request shall be consistent with the purpose of this division;
and
The City Council shall impose reasonable and appropriate conditions which
will prevent the exception request from causing a degradation of water
quality."
(c)
(d)
(e)
(f)
This ordinance shall be come effective as provided by law.
Planning Commission Hearing: January 1 l, 1993
City Council Hearing:
February 9, 1993
Adopted:
February 9, 1993
d;ST:
Cle~ .
Mayor
Date