20030211 2003-6ORDINANCE NO. 2003- 6
AN ORDINANCE AMENDING SECTION 110-4, ARTICLE I,
CHAPTER 110 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA
PERTAINING TO FLOODPLAIN REGULATIONS
BE IT ORDAINED, by the City Council of the City of Fairfax, that Section 110-4,
Article I, Chapter 110 of the Code of the City of Fairfax, Virginia is hereby amended with
respect to the following definition:
Sec. 110-4. Definitions.
Floodplain means any land area which is subject to inundation by waters of the 100-year flood
as delineated or shown in the official Flood Insurance Study (FIS) and accompanying Flood
Insurance Rate Map (FIRM) dated February 19, 2003 as amended by delineations showing
"100 year (base) frequency flood level" indicated on panels 0001 through 0006, inclusive,
which are made part of this chapter by reference. The floodplain consists of three distinct
areas: Zone A for which base (100 year) flood elevations have not been provided in the FIS;
Zone AE for which base (100 year) flood elevations have been provided in the FIS; and Zone
AO with a base (100 year) flood depth of 2 feet. For the purposes of this section, "base flood"
and "one-hundred year flood" shall mean a flood that, on average, is likely to occur once
every 100 years (i.e., that has a one percent (1%) chance of occurring each year, although the
flood may occur in any year). In addition, floodplain shall include all subsequent
amendments authorized by the city in accordance with the provisions of subsections 110-
57(d),(e).
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, that
Sections 110-56 through 110-75, Article II, Division 2, Chapter 110 of the Code of the City of
Fairfax, Virginia are hereby amended as follows:
Sec. 110-56. 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 maintenance of the natural integrity and function of
streams and the protection of water quality. (Code 1978, § 26-15)
Sec. 110-57. General provisions.
(a)
Application and construction of division. The provisions of this division shall apply to
all land located within a floodplain as defined in section 110-4. These provisions shall
not be construed to permit the alteration of floodplain boundaries except as provided
in subsections (d) and (e) of this section.
(b)
Compliance. No building or structure or addition to any existing building or structure
increasing its outside perimeter or any other construction, excavation, or any other
development 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. For the purposes of this section, "development" shall mean any man-made
change to improved or unimproved real estate, including, but not limited to, buildings
(c)
(d)
(e)
or other construction, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
Permit required. 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.
Modification of boundaries. The city council may modify the boundaries of the
floodplain in accordance with the procedures established for zoning map amendments
contained in section 110-5. 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.
Interpretation of boundaries; appeal to board of zoning appeals. 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
section 110-1102.
(f)
Liability of city. 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. (Code 1978, § 26-16)
Sec. 110-58. Permitted uses.
The following uses shall be permitted within the floodplain by right or with a special use
permit, as specified; provided, that such uses are permitted in the zoning district within which
they are located, the review criteria contained in section 110-59 are met, and a floodplain
permit is obtained as specified in subsection 110-57(c).
(1)
By right:
a. Utilities and public facilities and improvements such as streets, channel
improvements, bridges, utility pipes, utility transmission lines and stormwater
management facilities shall be permitted.
b. The following uses and improvements shall be permitted by right, provided
that the development or use is otherwise permitted in this chapter and that the
area of impervious surface shall not exceed 2,500 square feet and such uses or
improvements shall not contain areas of fill in excess of 12 inches in depth:
1. Agricultural uses such as farming, gardening, grazing and
similar uses.
2. Outdoor recreational uses such as parks, trails, picnic grounds,
athletic fields, play grounds, golf courses, tennis courts and
archery ranges.
(2)
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 section
110-366, provided that such use is permitted in the zoning district in which the
proposed use or improvement is located:
a. The uses permitted by right specified in subsection (1)b. of this section where
the area of impervious surface will exceed 2,500 square feet or such uses or
improvements will contain areas of fill in excess of 12 inches in depth.
b. 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 section 110-59. 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 floodproofing standards
and all other applicable requirements. Within Zone AO the underside of the
lowest floor (including basement) of any structure shall be a minimum of 3.5
feet above the highest adjacent grade. In addition, the underside of the lowest
floor (including basement) of any structure shall be a minimum of 18 inches
above the floodplain elevation. For the purposes of this section, "basement"
shall mean any area of the building having its floor subgrade (below ground
level) on all sides. Furthermore, the "lowest floor" shall mean the lowest floor
of the lowest enclosed area (including basement). (Code 1978, § 26-17)
Sec. 110-59. 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:
(1) Shall minimize grading to the maximum possible extent.
(2) 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.
(3) Shall minimize the loss of natural vegetation and natural stormwater characteristics.
(4) Shall minimize the susceptibility of structures and their contents to flood damage.
(5) Shall not negatively affect water quality.
(6) Shall not increase the intensity or extent of flooding of lands above or below the
property or jeopardize property or human life.
(7) Shall not adversely affect the capacity of the floodplain channel or increase erosion
within or adjacent to the floodplain. Prior to any proposed alteration or relocation of
any channels or of any watercourse, stream, etc., within the city all applicable permits
shall be obtained from the U.S. Corps of Engineers, the Virginia Department of
Environmental Quality, and the Virginia Marine Resources Commission.
Furthermore, notification of the proposal shall be given by the applicant to all affected
adjacent jurisdictions, the Division of Soil and Water Conservation (Department of
Conservation and Recreation), and the Federal Insurance Administration."
(8) Shall minimize negative impacts upon wildlife habitat.
(9) Shall have its design incorporate base (100 year) flood elevation data for any proposed
new activity or development greater than 50 lots or 5 acres, whichever is the lesser, if
located within Zone A. In addition, the best available floodway information from
federal, commonwealth, or other sources acceptable to the Zoning Administrator shall
be used.
(10) Shall not result in more than a one-foot increase in the base (100 year) flood
elevation. This shall include the cumulative effect of the proposed use, activity,
or development when combined with all other existing and anticipated uses, activities,
or development.
(11) Shall not negatively affect drainage.
(Code 1978, § 26-17.1)
Sec. 110-60. Special exceptions.
(a)
(b)
(c)
(d)
(e)
o
o
The board of zoning appeals may, by special exception, permit within the floodplain
additional uses where such uses are not permitted uses specified in section 110-58,
provided that:
Such additional use is permitted in the underlying zoning district;
Special exceptions shall be granted only in accordance with the procedures and
limitations established for special use permits in section 110-366; and
The special exception granted represents the minimum variation necessary to afford
relief.
In reviewing a special exception request, the board shall consider the following
additional factors:
The danger to life and property due to increased flood heights or velocities caused by
encroachments. No special exception shall be granted for any proposed use,
development, or activity within any floodway that would cause any increase in the one
hundred (100)-year flood elevation.
The compatibility of the proposed use with existing development and nearby
development anticipated in the foreseeable future.
The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area.
For historic structures, a determination that the exception is the minimum necessary to
preserve the historic character and design of the structure and would not preclude the
structure's continued designation as a historic structure.
A special exception shall be granted only after the board of zoning appeals has
determined that the granting of such would not (i) result in unacceptable or prohibited
increases in flood heights, (ii) pose additional threats to public safety, (iii) require
extraordinary public expense, (iv) create any nuisances, (v) cause fraud or
victimization of the public, and (vi) conflict with local laws or ordinances. Special
exceptions shall be granted only after the board of zoning appeals has determined that
a special exception would be the minimum required to provide relief from any
hardship to the applicant.
The Board of zoning appeals shall notify, in writing, the applicant for a special
exception request that the issuance of a special exception to construct a structure
below the one hundred (100)-year flood elevation (i) increases the risks to life and
property and (ii) may result in increased premium rates for flood insurance.
A record shall be maintained of the above notification as well as all special exception
actions, including justification for the issuance of the special exceptions. The annual
or biennial report submitted to the Federal Insurance Administrator shall note any
special exceptions which are issued during the period covered by the report.
Secs. 110-61--110-75. Reserved.
The ordinance shall become effective as provided by law.
Planning Commission Hearing:
City Council Public Hearing:
City Council Adoption:
January 13, 2003
February 11, 2003
February 11, 2003
-- IDat¢
ATTEST:
The vote on the motion to adopt the ordinance was recorded as follows:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthorne
Councilwoman Winter
Vote
Aye
Aye
Aye
Aye
Absent
Aye