2022-19ORDINANCE NO.2022-19
AN ORDINANCE AMENDING CHAPTER 110 (ZONING) TO AMEND PORTIONS
OF ARTICLES AND SECTIONS CONTAINED THEREIN, INCLUDING, BUT NOT
LIMITED TO: SITE DEVELOPMENT STANDARDS, DECISION -MAKING
BODIES AND OFFICIALS, DEVELOPMENT REVIEW, AND DEFINED TERMS
PERTAINING TO FLOODPLAIN REGULATIONS.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that
Chapter 110, Article 4, §4.15 of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§4.15. FLOODPLAIN REGULATIONS
§4.15.1. Authority
These regulations are adopted pursuant to the authority granted to localities by Code of
Virginia, § 15.2 - 2280.
§4.15.2. Purpose
The purpose of these regulations is to prevent: the loss of life and property, the
creation of health and safety hazards, the disruption of commerce and governmental services,
the extraordinary and unnecessary expenditure of public funds for flood protection and relief,
and the impairment of the tax base by:
A. Regulating uses, activities, and development which, alone or in combination with other
existing or future uses, activities, and development, will cause unacceptable increases
in flood heights, velocities, and frequencies;
B. Restricting or prohibiting certain uses, activities, and development from locating within
districts subject to flooding;
C. Requiring all those uses, activities, and developments that do occur in flood -prone
districts to be protected and/or floodproofed against flooding and flood damage; and
D. Protecting individuals from buying land and structures that are unsuited for intended
purposes because of flood hazards.
§4.15.3. General Provisions
A. Applicability
These regulations shall apply to all privately and publicly owned lands within the city
and identified as areas of special flood hazard identified by the city of Fairfax or
shown on ^^^a��or-ding to the flood insurance rate map (FIRM) or Flood Insurance Study
EIS that is provided to the city of Fairfax by the Federal Emergency Management
Agency (FEMA)
B. Compliance and liability
No land shall hereafter be developed and no structure shall be located, relocated,
constructed, reconstructed, enlarged, or structurally altered except in full
compliance with the terms and provisions of these regulations and any other
applicable ordinances and regulations, which apply to uses within the city.
2. The degree of flood protection sought by the provisions of these regulations is
considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study, but does not imply total flood protection. Larger
floods may occur on rare occasions. Flood heights may be increased by man-made
or natural causes, such as ice jams and bridge openings restricted by debris. These
regulations do not imply that districts outside the floodplain district or land uses
permitted within such district will be free from flooding or flood damages.
3. These regulations shall not create liability on the part of the city or any officer or
employee thereof for any flood damages that result from reliance on these
regulations or any administrative decision lawfully made thereunder.
C. Records
Records of actions associated with administering these regulations shall be kept on file
and maintained by or under the direction of the floodplain administrator in perpetuity.
D. Abrogation and greater restrictions
These regulations supersede any regulations currently in effect in flood -prone districts.
Any existing regulation, however, shall remain in full force and effect to the extent
that its provisions are more restrictive than the provisions of these regulations.
These regulations are not intended to repeal or abrogate any existing ordinances
including the subdivision ordinance, zoning ordinance, or building codes. In the event
of a conflict between these regulations, the more restrictive shall govern.
E. Severabilit
See provisions of § 1.1.9 for severabilily clause.
F. Penalty_for violations
See Article 8 of the zoning ordinance for enforcement and penalties for violations.
§4.15.4. Administration
BA. Duties and responsibilities of the floodplain administrator
The duties and responsibilities of the floodplain administrator designated in §5.9 shall
include but are not limited to:
1. Do the work themselves. In the absence of the designated floodplain administrator,
the duties are conducted by the City Manager.
2. Delegate duties and resl2onsibilities set forth in these regulations to qualified
technical ersonnelplan examiners inspectors. and other em to ees.
3. Enter into a written a reement or written contract with another community or
private sector entity to administer specific provisions of these regulations.
Administration of any part of these regulations by another entity shall not relieve
the city of its responsibilities pursuant to the participation requirements of the
National Flood Insurance Program (NFIP) as set forth in the Code of Federal
Regulations at 44 CFR 59.22.
4-4. Review applications for floodplain permits to determine whether proposed
activities will be located in the special flood hazard area (SFHA .
25. Interpret floodplain boundaries and provide available base flood elevation and
flood hazard information.
36. Review applications to determine whether proposed activities will be reasonably
safe from flooding and require new construction and substantial improvements to
meet the requirements of these regulations.
47. Review applications to determine whether all necessary permits have been
obtained from the federal, state or local agencies from which prior or concurrent
approval is required; in particular, permits from state agencies for any
construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway
obstruction (including bridges, culverts, structures), any alteration of a
watercourse, or any change of the course, current, or cross section of a stream or
body of water, including any change to the' nn year rro,,,,0„yl-percent annual
chance floodplain of free -flowing nontidal waters of the state.
58. Verify that applicants proposing an alteration of a watercourse have notified
adjacent communities, the Vir inia Department of Conservation and Recreation
(DCR) Division of Dam Safety and Floodplain Management, and other appropriate
agencies (Virginia Department of Environmental Quality [VADEQ], United States
Army Corps of Engineers [USAGE]) and have submitted copies of such
notifications to FEMA.
69. Approve applications and issue floodplain permits to develop in flood hazard areas
if the provisions of these regulations have been met, or disapprove applications if
the provisions of these regulations have not been met.
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710.Inspect or cause to be inspected, buildings, structures, and other development for
which permits have been issued to determine compliance with these regulations or
to determine if non-compliance has occurred or violations have been committed.
91 l.Review elevation certificates and require incomplete or deficient certificates to be
corrected.
912.Submit to FEMA via a LOMR, or require applicants to submit to FEMA, data and
information necessary to maintain FIRMS, including hydrologic and hydraulic
engineering analyses prepared by or for the city of Fairfax, within six months after
such data and information becomes available if the analyses indicate changes in
base flood elevations.
103. Maintain and permanently keep records that are necessary for the administration
of these regulations, including:
(a) Flood insurance studies, FIRMS (including historic studies and maps and
current effective studies and maps) and letters of map change; and
(b) Documentation supporting issuance and denial of permits, elevation
certificates, documentation of the elevation (in relation to the datum on the
FIRM) to which structures have been floodproofed, inspection records, other
required design certifications, special exceptions and speeial use pefmits, and
records of enforcement actions taken to correct violations of these regulations.
14-4. Enforce the provisions of these regulations, investigate violations, issue notices
of violations or stop work orders, and require permit holders to take corrective
action.
125. Advise the board of zoning appeals, or the city council, as appropriate, regarding
the intent of these regulations and, for each application for special exceptions and
-a „se refmi prepare a staff report and recommendation.
1-36. Administer the requirements related to proposed work on existing buildings:
(a) Make determinations as to whether buildings and structures that are located in
flood hazard areas and that are damaged by any cause have been substantially
damaged.
(b) Make reasonable efforts to notify owners of substantially damaged structures
of the need to obtain a permit to repair, rehabilitate, or reconstruct, —arid.
Prohibit the non -compliant repair of substantially damaged buildings
except for temporary emergency protective measures necessary to secure a
property or stabilize a building or structure to prevent additional damage.
147. Undertake. as determined appropriate by the floodplain administrator due to the
circumstances. other actions which may include but are not limited to: issuing
press releases, public service announcements, and other public information
materials related to permit requests and repair of damaged structures; coordinating
with other Federal, State, and local agencies to assist with substantial damage
determinations; providing owners of damaged structures information related to the
proper repair of damaged structures in special flood hazard areas; and assisting
property owners with documentation necessary to file claims for Increased Cost of
Compliance coverage under NFIP flood insurance policies.
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158. Notify FEMA when the corporate boundaries of the city have been modified and:
(a) Provide a map that clearly delineates the new corporate boundaries or the new
area for which the authority to regulate pursuant to these regulations has either
been assumed or relinquished through annexation; and
(b) If the FIRM for any annexed area includes special flood hazard areas that have
flood zones that have regulatory requirements that are not set forth in these
regulations, prepare amendments to these regulations to adopt the FIRM and
appropriate requirements, and submit the amendments to the city council for
adoption; such adoption shall take place at the same time as or prior to the date
of annexation and a copy of the amended regulations shall be provided to DCR
Division of Dam Safety and Floodplain Management and FEMA.
169. Upon the request of FEMA, complete and submit a report concerning
participation in the NFIP which may request information regarding the number of
buildings in the special flood hazard area, number of permits issued for
development in the special flood hazard area, and number of special exceptions
and_speeia use permits issued for development in the special flood hazard area.
4-720. Take into account flood, mudslide and flood -related erosion hazards, to the
extent that they are known, in all official actions relating to land management and
use throughout the entire jurisdictional area of the city, whether or not those
hazards have been specifically delineated geographically (e.g. via mapping or
surveying).
CB. Use and interpretation of FIRMS
The floodplain administrator shall make interpretations, where needed, as to the exact
location of special flood hazard areas, floodplain boundaries, and floodway
boundaries. The following shall apply to the use and interpretation of FIRMS and data:
1. Where field surveyed topography indicates that adjacent ground elevations:
(a) Are below the base flood elevation in riverine SFHAs, even in areas not
delineated as a special flood hazard area on a FIRM, the area shall be
considered as special flood hazard area and subject to the requirements of these
regulations;_
(b) Are above the base flood elevation and the area is labeled as a SFHA on the
FIRM, the area shall be regulated as special flood hazard area unless the
applicant obtains a letter of map change that removes the area from the special
flood hazard area.
2. In FEMA-identified special flood hazard areas where base flood elevation and
floodway data have not been identified and in areas where FEMA has not
identified special flood hazard areas, any other flood hazard data available from a
federal, state, or other source shall be reviewed and reasonably used.
3. Base flood elevations and designated floodway boundaries on FIRMS and in flood
insurance studies shall take precedence over base flood elevations and floodway
boundaries by any other sources if such sources show reduced floodway widths
and/or lower base flood elevations.
4. Other sources of data shall be reasonably used if such sources show increased base
flood elevations and/or larger floodways than are shown on FIRMs and in flood
insurance studies.
5. If a Preliminary FIRM and/or a Preliminary Flood Insurance Study has been
provided by FEMA:
(a) Upon the issuance of a letter of final determination by FEMA, the preliminary
flood hazard data shall be used and shall replace the flood hazard data
previously provided from FEMA for the purposes of administering these
regulations.
(b) Prior to the issuance of a letter of final determination by FEMA, the use of
preliminary flood hazard data shall be deemed the best available data pursuant
to §4.15.6-.C—.5.A.3 regarding A Zones; and used where no base flood
elevations and/or floodways are provided on the effective FIRM.
(c) Prior to issuance of a letter of final determination by FEMA, the use of
preliminary flood hazard data is permitted where the preliminary base flood
elevations or floodways exceed the base flood elevations and/or designated
floodway widths in existing flood hazard data provided by FEMA. Such
preliminary data may be subject to change and/or appeal to FEMA.
DC. Jurisdictional boundary changes
1. The city floodplain regulations then in effect on the date of annexation or agreed
upon boundary line adjustment shall remain in effect and shall be enforced by the
city for all annexed areas until the city adopts and enforces an ordinance which
meets the requirements for participation in the NFIP. It is a requirement that
municipalities with existing floodplain ordinances shall pass a resolution
acknowledging and accepting responsibility for enforcing floodplain ordinance
standards prior to annexation of any area containing identified flood hazards. If the
FIRM for any annexed area includes special flood hazard areas that have flood
zones that have regulatory requirements that are not set forth in these regulations,
the city shall prepare amendments to these regulations to adopt the FIRM and
appropriate requirements, and submit the amendments to the city council for
adoption; such adoption shall take place at the same time as or prior to the date of
annexation and a copy of the amended regulations shall be provided to the DCR
Division of Dam Safety and Floodplain Management and FEMA.
2. In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section
59.22 (a) (9) (v) all NFIP participating communities must notify the Federal
Emergency Management Agency and optionally the State Coordinating Office
(Virginia Department of Conservation and Recreation — Division of Dam Safety
and Floodplain Management) in writing whenever the boundaries of the
community have been modified by annexation or the community has otherwise
assumed or no longer has authority to adopt and enforce floodplain management
regulations for a particular area.
3. In order that all FIRMs accurately represent the city's boundaries, a copy of a map
of the city suitable for reproduction, clearly delineating the new corporate limits or
new area for which the community has assumed or relinquished floodplain
management regulatory authority must be included with the notification.
ED. District boundary changes
C.1
The eit-y eotmeil may modify the boundafies of the floodplain in aeeor-daflee with
t.f..vvuua v.a vstu.vusuvu iva c.viaiiag auu"
„19L- . e,a ffam >JE I A .The delineation of gny of the Flood lain Districts ma be
revised by the city where natural or man-made changes have occurred and/or where
more detailed studies have been conducted or undertaken by the U. S. Army Corps of
Enjgineers or other qualified a enc , or an individual documents the need for such
change. However, rior to an such change, approval must be obtained from FEMA.
A completed LOMR is a record of this approval.
FE.Interpretation of district boundaries
The •, •a,V, ` tF tvr shall responsible for- the intefpr-etatio f Fl .7 1
�.�.. zoning u..aaaaaaa� a
be based on hydr-elegie and hydr-atilie ana4yses per-fefmed by an engineer, who sh
eeFtify that the teehnieal methOds used eeffed4y r-efieet aeeepted engineering design
methods. The determination of the floodplain betindar-y by the zoning administr-atef
macJ b t.r1u by 1,y an uggaav v.l ", to the board of z(.r.;ng appeals pufsuant to
§6.22-. The floodplain administrator shall be responsible for initial interpretations of
the boundaries of the floodplain districts. Should a dispute arise concerning the
boundaries of any of the districts, the aggrieved party may appeal the determination to
the Board of Zoning Appeals pursuant to y 6.22. The party questioning or contesting
the location of the district boundaa shall be given a reasonable opportunity to present
their case to the Board and to submit their own technical evidence if they so desire.
GF. Submitting model backed technical data
The city's base flood elevations may increase or decrease resulting from physical
changes affecting flooding conditions. As soon as practicable, but not later than six
months after the date such information becomes available, the city shall notify FEMA
of the changes by submitting technical or scientific data. The community may submit
data via a LOMR. Such a submission is necessary so that upon confirmation of those
physical changes affecting flooding conditions, risk premium rates and flood plain
management requirements will be based upon current data.
14G. Letters of map revision
When development in the floodplain will cause or causes a change in the base flood
elevation, the applicant, including state agencies, must notify FEMA by applying for a
eenditio Conditional le#er- Letter of map -Map r-evision Revision (CLOMR)prior to
construction, and a letter -Letter of map --Map feyisie;rRevision (LOMRi after
construction. x-ampleExample cases:
1. Any development that causes a rise in the base flood elevations within the
floodway.
2. Any development outlined in §4.15.6.B.1 occurring in Zone AE without a
designated floodwa, that will cause a cumulative rise of one (1) foot or more in
the base flood elevation on the property or on an offsite property.
23. Any development not defined in §4.15.6.B.I occurring in Zones A! 30 and AE
without a designated floodway, which will cause a rise ^{Tree-e tlia ene4 of in
the base flood elevation either on the propefty or on an offsite proputi.
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4. Alteration or relocation of a stream, including but not limited to installing culverts
and bridges. [44 CFR 65.3 and 65.6(a)(12)]
§4.15.65. Establishment of special flood hazard districts
A. Description of special flood hazard districts
The various special flood hazard districts shall include the special flood hazard areas.
The basis for the delineation of these districts shall be the flood insurance study and
the FIRM for the city prepared by FEMA, dated June 2, 2006, and any subsequent
revisions or amendments thereto upon Letter of Final Determination issuance.
The city may identify and regulate local flood hazard or ponding areas that are not
delineated on the FIRM. These areas may be delineated on a local flood hazard map
using best available topographic data and locally derived information such as flood of
record, historic high water marks or approximate study methodologies. The
boundaries of the speeial flood hazard areas SFHA Districts are established as shown
on the FIRM which is declared to be a part of these regulations and which shall be
kept on file at the city offices.
The mapped floodplain includes all of the below re ions and also the regions
designated as having, a 0.2 percent annual chance of flooding on any flood ma or
flood insurance study. In this area, emergencyemergengy service, medical service, or
governmental records storage shall be built above or protected to 1-foot above the 0.2
percent annual chance water surface elevation.
The fFloodway dDistrict is in an AE Zone and is delineated, for purposes of these
regulations, using the criterion that certain areas within the floodplain must be
capable of carrying the waters of the one percent annual chance flood without
increasing the water surface elevation of that flood more than one afoot at any
point. The areas included in this District are Mecifically defined in Table 23 of the
above -referenced FIS and shown on the accompanying FIRM.
The following provisions shall apply within the floodway district of an AE Zone
[44 CFR 60.3(d)]:
(a) Within any floodway, no encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted unless it
has been demonstrated through hydrologic and hydraulic analysis performed in
accordance with standard engineering practice that the proposed encroachment
will not result in any increase in flood leelselevations within the community
during the occurrence of the base flood discharge. Hydrologic and hydraulic
analyses shall be undertaken only by professional engineers or others of
demonstrated qualifications, who shall certify that the technical methods used
correctly reflect currently -accepted technical concepts. Studies, analyses,
computations, etc., shall be submitted in sufficient detail to allow a thorough
review by the floodplain administrator.
(b) Development activities which increase the water surface elevation of the base
flood may be allowed, provided that the applicant first applies — with the city's
endorsement — for a conditional letter of map revision (CLOMR), and receives
the approval of FEMA.
H.
(c) If §4.15.65.A.I (a) is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of 4§ 15.6, §4.15.7, and §4.15.8, §4.15.9, §4.15.10, and §n 1 c 1 l
92. The AE; or AH Zones on the FIRM accompanying the Flood Insurance Study
shall be those areas for which one -percent annual chance flood elevations have
been provided and the floodway has not been delineated. The following provisions
shall apply within an AE or AH Zone [44 CFR 60.3(c)] where FEMA has provided
base flood elevations and no floodwa :
4-La). Until a regulatory floodway is designated, no new construction, substantial
improvements, or other development (including fill) shall be permitted within
the areas of special flood hazard, designated as Zones A! 30 and AE or AH on
the FIRM, unless it is demonstrated that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood
more than one foot at any point within the city.
2(12). Development activities in Zones A! 30 an AE or AH, on the city of Fairfax
FIRM which increase the water surface elevation of the base flood by more
than one foot may be allowed, provided that the applicant first applies - with
the city's endorsement - for a eondifienal Conditional lettef Letter of ffW Map
r-evisio Revision, and receives the approval of FEMA.
Q. The A Zone on the FIRM accompanying the Flood Insurance Study shall be those
areas for which no detailed flood profiles or elevations are provided, but the one
percent annual chance floodplain boundary has been approximated. For these
areas, the following provisions shall apply [44 CFR 60.3(b)]:
470a . The approximated floodplain district shall be that floodplain area for which
no detailed flood profiles or elevations are provided, but where a 400-ftw-1-
percent annual chance floodplain boundary has been approximated. Such areas
are shown as Zone A on the maps accompanying the Flood Insurance Study.
For these areas, the base flood elevations and floodway information from
federal, state, and other acceptable sources shall be used, when available.
Agiero the f; o „t ., ,.,1 t^ flood 1 t t >,
.. �..,� V �.�., Jpe..11l...,11., Nercell� w;„
dote V ifie.l fof tWs . o othef �. F data, 1, the T TC A /'�T7
asV �V1111111Vt11V1 1111J lAl VIA lAJlll� V o
T1V VlJ1liu1information Do,,A, U. S. Geal,, iea Stwyv,Flood Pr -en
Quadrangles, ete., then the appheanc for- the -pr-6pes -•a , se, development .7 /
aetiv t y sh 11 deto,.., ine this base fleeelev atio For development proposed in
the approximate floodplain the applicant must use technical methods that
correctly reflect currently accepted non -detailed technical concepts, such as
point on boundary, high water marks, or detailed methodologies hydrologic
and hydraulic analyses. Studies, analyses, computations, etc., shall be
submitted in sufficient detail to allow a thorough review by the floodplain
administrator.
2(h). The floodplain administrator reserves the right to require a hydrologic and
hydraulic analysis for any development. When such base flood elevation data
is utilized, the lowest floor shall be elevated at least 18 ineh two (2) feet
above the base flood le--vel elevation.
3U. During the permitting process, the floodplain administrator shall obtain:
(al) The elevation of the lowest floor(in relation to mean sea level), (including
the basement), of all new and substantially improved structures; and,
(b2) If the structure has been floodproofed in accordance with the requirements
of this article, the elevation (in relation to mean sea level) to which the
structure has been floodproofed.
Base flood elevation data shall be obtained from other sources or developed
using detailed methodologies comparable to those contained in a FIS for
subdivision proposals and other proposed development proposals (including
manufactured home parks and subdivisions) that exceed fifty lots or five acres
whichever is the lesser.
4. The AO Zone on the FIRM accompanying the Flood Insurance Study shall be
those areas of shallow flooding identified as AO on the FIRM. For these areas, the
following provisions shall apply [44 CFR 60.3(c)].
(a) All new construction and substantial improvements of residential structures
shall have the lowest floor, including basement, elevated above the highest
adjacent grade at least as high as the depth number specified in feet on the
FIRM plus 18 inehes two (2) feet. If no flood depth number is specified, the
lowest floor, including basement, shall be elevated no less than *hre -ra ere
half four 4 feet above the highest adjacent grade.
(b) All new construction and substantial improvements of nonresidential structures
shall:
(1) Have the lowest4Ioer horizontal structural member, including basement,
elevated above the highest adjacent grade at least as high as the depth
number specified in feet on the FIRM plus Tomes two 2 feet. If no
flood depth number is specified, the underside of the lowest floor,
including basement, shall be elevated at least these and o„ehA four 4
feet above the highest adjacent grade; or,
(2) Together with attendant utility and sanitary facilities be completely
floodproofed to the specified flood4eye4 elevation so that any space below
that level is watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
(c) Adequate drainage paths around structures on slopes shall be provided to guide
floodwaters around and away from proposed structures.
D5. Overlay Gone concept
The flood.lai this* ets Floodplain Districts described above shall be overlays to
the existing underlying districts as shown on the city's zoning map, and as such,
the provisions for the floodplai disc iets Flood lain Districts shall serve as a
supplement to the underlying district provisions.
4-U. If there is any conflict between the provisions or requirements of the
flodpla r districts Floodplain Districts and those of any underlying district,
the more restrictive provisions and/or those pertaining to the floodplain
districts shall apply.
10
2(b). In the event any provision concerning a floodplai aistr-i Floodplain District
is declared inapplicable as a result of any legislative or administrative actions
or judicial decision, the basic underlying provisions shall remain applicable.
§4.15.76. Plat it and ^"pule do r ^t3*sDevelopment standards
NNW -AN
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CA. A41owed usesGeneral standards
The following
use ;t ^;fied; i boa that such usesafe plefmittled i thezoning dist ie
r� "ram �+) Nrv`v.uvu,
within which they afe located, the feview er-itefia contained in §4.15.7 are met, an"
flee plat, ro,mit; obtained as speeified in §^.' 5.^.C. standards shall apply to all
permits:
1. New construction and substantial improvements shall be built according to these
regulations and the Virginia USBC. and anchored to prevent flotation. colla se or
lateral movement of the structure.
2. New construction and substantial improvements shall be constructed with
materials and utility ui ment resistant to flood dama e.
11
3. New construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage.
4. Electrical, heating, ventilation, plumbing, air conditioning equipment and other
service facilities, including duct work, shall be elevated to or above the base flood
elevation plus 2 feet or be designed so as to prevent water from entering or
accumulating; within the components during conditions of flooding.
5. New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
6. New and replacement sanitM sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the
stems into floodwaters.
7. On -site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding..
8. In addition to provisions 1 — 7 above, in all special flood hazard areas. these
additional provisions shall apply:
(a) Prior to any_proposed alteration or relocation of any channels or of any
watercourse, stream, etc., within this jurisdiction a permit shall be obtained
from the U. S. Corps of Engineers, the Virginia Department of Environmental
uality, and the Virginia Marine Resources Commission (a joint permit
application is available from any of these organizations). Furthermore, in
riverine areas, notification of the proposal shall be liven by the applicant to all
affected adjacent jurisdictions the Department of Conservation and Recreation
(Division of Dam Safety and Floodplain Management), other required
agencies, and the Federal Emergency Management Agent.
(b) The flood carrying capacity within an altered or relocated portion of any
watercourse shall be maintained.
9. Anv activities that cause an offsite rise in the BFE require notification by the
responsible pLrly to the affected ro ert owners and the written authorization
that the affected property owners accept the potential for a rise in the BFE on
their property.
4-B. pefmitte'-asesSite development standards
The following development shall be ermitted within the flood lainprovided. that
such activity is permitted in the underlying zoning district within which they are
located and a flood lain permit is obtained as specified in 6.11.
(a)1. Utilities and public facilities and improvements such as streets, trails, channel
improvements, bridges, utility pipes, utility transmission lines and stormwater
management facilities and any improvements required for public safety or welfare
shall be permitted subject to 4.15.4.G.
(b)2. The f llowi g uses and i � ts All development not included in
4.15.6.B.I within the floodplain shall be permitted; subject to §4.15.4.G.
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
12
uses or improvements shall not contain areas of fill in excess of 12 inches in
depth..
3. Applications for a variance will be subject to the criteria contained in §6.18.7.
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§4.15.4-07. Elevation and construction standards
In all identified flood hazard areas where base flood elevations have been provided in
the Flood Insurance Study or generated by a certified professional in accordance with
§4.15."5.A.3, the following provisions shall apply:
A. Residential C,.nsti..,efio„construction
New construction or substantial improvement of any residential structure in Zones
A 1 30, AE, AH and A with detailed base flood elevations shall have the lowest
floor, including basement, elevated at least 18 'yes two 2) feet above the base
flood l€velelevation.
B. Non -Residential Geastraetie.a.construction
1. New construction or substantial improvement of any commercial, industrial,
or nonresidential building shall have the lowest floor, including basement,
elevated at least 'yes two (2) feet above the base flood l-,xclelevation.
2. New construction or substantial improvement of an building desi nated as
Flood DesigLi Class 4 in the Virginia USBC shall have the lowest floor.
including basement elevated at least 2 feet above the base flood elevation, or
the 0.2 percent annual chance flood elevation,whichever is hi *her.
3. Buildings located in all A! 30, AE; and AH Zones may be floodproofed in
lieu of being elevated provided that all areas of the building components below
the elevation corresponding to the base flood elevation plus one feet two 2
feet are wit watertight with walls substantially impermeable to the
passage of water, and use structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A
registered professional engineer or architect shall certify that the standards of
this §4.15.4-07 are satisfied. Such certification, including the specific elevation
(in relation to mean sea level) to which such structures are floodproofed, shall
be maintained by the flood lain administrator). For buildings designated
as Flood Design Class 4 in the Virginia USBC the elevation of floodproofing
shall be at least two (2) feet above the base flood elevation, or the 0.2 percent
annual chance flood elevation whichever is higher.
C. Space Mewbelow the Lewes lowest Floe floor
In Zones A, AE, AH, and AO, and A! n 30 fully enclosed areas, of new
construction or substantially improved structures, which are below the regulatey
flood ~rote io e4ev ti base flood elevation plus two 2 feet shall:
15
Not be designed or used for human habitation, but shall only be used for parking
of vehicles, building access, or limited storage of maintenance equipment used
in connection with the premises. Access to the enclosed area shall be the
minimum necessary to allow for parking of vehicles (garage door) or limited
storage of maintenance equipment (standard exterior door), or entry to the
living area (stairway or elevator).
2. Be constructed entirely of flood damage -resistant materials below the regtdutery
fl^^d '^"tech^^ elev tie base flood elevation plus two (2) feet;.
3. Include measures to automatically equalize hydrostatic flood forces on walls by
allowing for the entry and exit of floodwaters. To meet this requirement, the
flood openings teither- b er-t;fied by a pr-efessiena4 o eeor- ,-eh tm
of shall meet the following minimum design criteria:
(a) Pfovide There shall be a minimum of two flood openings on different sides
of each enclosed area subjeet to floodinw,; if a buildin has more than one
enclosure below the lowest floor, each such enclosure shall have flood
openings on exterior walls.
(b) The total net area of all flood openings must shall be at least one square
inch for each square foot of enclosed area subjeet to fl^^ding non -
en ineered flood openings). or the flood openings shall be en ineered flood
openings that are designed and certified by a licensed professional engineer
to automatically allow entry and exit of floodwaters,• the certification
requirement ma be satisfied by an individual certification or an Evaluation
Re ort issued by the ICC Evaluation Service Inc..
(dc) The bottom of a4l r-equir-ed each flood openings shall be one
foot or less above the ^d aeeat grad^higher of the interior floor or
Trade. or the exterior Arade, immediately below the opening.
Openings may be etluiNNvu vvitiisefeeiis, ", or- other- ope
...� ...� �.�b� or .... v i.J.Js, provided they permit the automatie flow 0
�^^d•T,.,ter-s in both d etions Any louvers, screens or other covers for the
flood openings shall allow the automatic flow of floodwaters into and out
of the enclosed area.
(fe) Foundation enclosures made of flexible skirting are not considered
enclosures for regulatory purposes, and, therefore, do not require openings.
Masonry or wood underpinning, regardless of structural status, is
considered an enclosure and requires openings as outlined above.
D. Accessory Structures
1. All accessory structures in the SFHA shall comply with the elevation
requirements and other requirements of 43.5.5 and 6.11.5 or, if not elevated
or floodproofed, shall:
a Be at or above grade on at least one side.
IR
(b) Not be used for human habitation.
(c) Be limited to no more than one story in height and 600 square feet in total
floor area-
(d) Be useable only for parkin_ of vehicles or limited storage.
e Be constructed with flood dama e-resistant materials below the base flood
elevation plus 2 feet.
(f) Be constructed and placed to offer the minimum resistance to the flow of
floodwaters.
Be anchored to prevent flotation, collapse. and lateral movement.
h Have electrical service and utilitv and mechanical equipment elevated to or
above the base flood elevation plus 2 feet.
2. Shall be provided with flood openings which shall meet the requirements of
�4.15.7.C.3.
3. A si ed Declaration of Land Restriction (Non -Conversion Afreement) shall
be recorded on the property deed. -
DE. Manufactured homes
All manufactured homes shall be prohibited within the city of Fairfax. No special
exceptions or variances will be granted.
BF. Recreational vehicles
All recreational vehicles shall be prohibited within any special flood hazard area.
No special exceptions or variances will be granted.
G. Subdivisions
For Subdivision standards. see Chapter 86, Subdivision Ordinance.
§4.15.4-28. Existing structures in floodplain areas
A structure. including accessory structures. or use of a structure or premises which lawfully
existed before the enactment of these provisions, but which is not in conformity with these
provisions, may be continued subject to the following conditions:
A. Existing structures in the floodway shall not be expanded or enlarged unless it has
been demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard engineering practices that the proposed expansion would not
result in any increase in the base flood elevation.
B. Any modification, alteration, repair, reconstruction, or improvement of any kind to a
structure and/or use located in any floodplain areas to an extent or amount of less than
5049 percent of its market value shall conform to the Virginia USBC and the
appropriate provisions of these regulations.
C. The modification, alteration, repair, reconstruction, or improvement of any kind to a
structure and/or use, regardless of its location in a floodplain area to an extent or
amount of 5049 percent or more of its market value shall be undertaken only in full
compliance with these regulations and shall require the entire structure to conform to
the Virginia USBC.
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BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 4, §4.16.10 of the Code of the City of Fairfax,
Virginia, is hereby amended as follows:
§4.16.10. Storm drainage facilities -related definitions
In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Stormwater
Management Regulations, as amended, which are expressly adopted and incorporated
herein by reference, the following words and terms used in §4.16 have the following
meanings unless otherwise specified herein. Where definitions differ, those incorporated
herein shall have precedence.
DEVELOPMENT: All and AMdisturbance and the resulting landform associated with the
construction of residential, commercial, industrial, institutional, recreation, transportation
or utility facilities or structures or the clearing of land for non-agricultural or non -
silviculture purposes. See definition in ; 9�garding a plicab_ility other than for storm
drainage facilities.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 5, §5.3 of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
§5.3. BOARD OF ZONING APPEALS
§5.3.1. Establishment and composition
A board of zoning appeals is hereby established. The membership shall consist of five
members appointed pursuant to Code of Virginia, §15.2-2308.
§5.3.2. Rules of operation
A. Bylaws
The board of zoning appeals shall adopt bylaws, which may be amended from time to
time, provided that the concurring vote of a majority of the membership of the board
shall be necessary to reverse any order, requirement, decision or determination of an
administrative officer or to decide in favor of the applicant on any matter upon which
it is required to pass under this chapter or to effect any variance from this chapter.
B. Meetings
The board of zoning appeals shall hold regularly scheduled meetings. All meetings
and hearings of the board shall be open to the public, except as otherwise provided by
25
law. The chairman of the board, or in his absence the acting chairman, may administer
oaths and compel the attendance of witnesses.
C. Records and minutes
The board of zoning appeals shall keep minutes of its proceedings and other official
actions, which shall be filed in the office of the zoning administrator and shall be
public records.
§ 5.3.3. Powers and duties
The board of zoning appeals shall have the following powers and duties:
A. General authority
The board of zoning appeals shall exercise additional powers as may be described
elsewhere in this chapter and as permitted by the Code of Virginia.
B. Final decisions
Except as otherwise specified herein, the board of zoning appeals shall be responsible
for final decisions regarding the following:
1. Special exceptions (§6.17);
2. Variances (§6.18); and
3. Administrative appeals (§6.22).
.. e
2IFF my.
26
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 5, §5.6 of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
§5.6. ZONING ADMINISTRATOR
§5.6.1. Designation
The zoning administrator, as appointed by the director of community development and
planning with the consent of the city manager, shall administer and enforce these zoning
regulations, except as otherwise specified. In the performance of his or her duties, the zoning
administrator may request the assistance of any appropriate officer or agency of the city.
§5.6.2. Powers and duties
A. General
The zoning administrator shall have powers and duties as may be described elsewhere
in this chapter, including interpretation of all standards, procedures and regulations
contained herein.
B. Recommendations
The zoning administrator shall be responsible for making recommendations regarding
the following:
1. Special exceptions (§6.17); and
2. Variances (§6.18).
C. Final decisions
The zoning administrator shall be responsible for making final decisions regarding the
following:
1. Site plan reviews (§6.8);
2. Sign permits (§6.9);
3. Tree removal permits (§6.10);
54. Erosion and sediment control permits (§6.12);
65. Chesapeake Bay preservation reviews (§6.13);
76. Temporary use permits (§6.15);
97. Administrative adjustments (§6.16);
27
98. Zoning permits (§6.21); and
4-99.Written interpretations (§6.20).
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 5, §5.9 of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
ti 5.9. FLOODPLAIN ADMINISTRATOR
§5.9.1. Designation
The zoning administrator shall serve as the flood, lain administrator and is hereby appointed
to administer and implement the regulations of this section and is referred to herein as the
floodplain administrator.
' 5.9.2. Powers and duties
A. General
The floodplain administrator shall have powers and duties as may be described
elsewhere in this chapter to:
1. Administer and implement floodplain regulations. In the absence of the designated
floodplain administrator, the duties are conducted by the ci 's chief executive
officer.
2. Delegate duties and responsibilities set forth in these regulations to qualified
technical personnel, plan examiners, inspectors. and other employees or do the
work themselves.
3. Enter into a written agreement or written contract with another community or
private sector entity to administerspecific provisions of these regulations.
Administration of gLny part of these regulations shall not relieve the city of its
responsibilities ursuant to the participation r uirements of the National Flood
Insurance Program (NFIP) as set forth in the Code of Federal Regulations at 44
CFR 59.22.
4. Maintain records required in §6.18.7.C. and provide reports that notifications and
acknowledgment requirements have been met as required by Federal Emergency
Management Agency.
B. Recommendations
The floodplain administrator shall be responsible for making technical
recommendations regarding the followin final decisions regarding the following:
1. Stormwater permit reviews (§6.14).
C. Final decisions
28
Text
Map
Site
Sign
Tree
Zon
The floodplain administrator shall be responsible for making final decisions regarding
the following:
1. Floodplain permits (§6.11).
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 6, §6.1 of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
§6.1. SUMMARY OF REVIEW AUTHORITY
The
mdments (Rezoning)
es of Minor
ateness Major
Development Reviews
Jse Reviews
Reviews
val Permits
Permits
diment Control
e Bay Preservation
Permit
IMM
DIRECTOR
OF
COMMUNITY FLOOD- BOARD OF
DEVELOP- DIRECTOR PLANNING PLAIN ARCHI-
MENT AND OF PUBLIC ZONING COMM- ADMINIS- CITY TECTURAL
PLANNING WORKS ADM. ISSION TRATOR COUNCIL REVIEW
Use Permits
:ive Adjustments
;eptions
Dwelling Unit Review
Review
Decision
Decision
Decision
Review
Besisiee
Review
Decision
Review
Decision
(VSMP
Authority)
Decision
Decision
Decision
Review
Review
<Review>
Decision
Review
Decision" Decision
<Decision>
<Decision>
<Decision>" <Decision>
<Decision>" <Decision>
<Decision>
iterpretations Decision
ermits Decision
�ative Appeals <Decision>
to City Council <Decision>
to Court
<Public Hearing Required>
Alternative City Council approval procedure available. The board of zoning appeal approves all special exceptions in the RL, RM and RH d
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 6, §6.11 of the Code of the City of Fairfax, Virginia,
is hereby amended as follows:
§6.11. FLOODPLAIN PERMITS
§6.11.1. Applicability
A. Floodplain permits shall be reviewed in accordance with the provisions of §6.11.
29
B. No person shall develop or use any land within a floodplain or engage in development
within a floodplain without first having secured a floodplain permit from the zeng
floodplain administrator.
§6.11.2. Application requirements
Applications for floodplain permits shall be submitted in accordance with §6.2.3, shall specify
the base flood at the site, and shall specify the elevation of the lowest floor (including
basement); for structures to be floodproofed (nonresidential only), the elevation to which
the structure will be floodproofed: and topogrWhic information showing existing and
proposed ground elevations.
§6.11.3. Action by director of public works
The director of public works will review floodplain permit applications in accordance with the
approval criteria of §6.11.5.
§6.11.4. Action by zoning floodplain administrator
Based on the results of the review by the director of public works, the zerring floodplain
administrator shall take one of the following actions: approve the permit, identify those
modifications that would allow approval of the permit; approve the permit with conditions; or
disapprove the permit.
§6.11.5. Approval criteria
A. Approved floodplain permits shall be in compliance with §6.11.
B. 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.
C. 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, LIDS, 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.
30
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:
(a) All applicable permits shall be obtained from the U.S. Army Corps of
Engineers, the Virginia Department of Environmental Quality, and the Virginia
Marine Resources Commission; and
(b) Notification (of the proposal) shall be given by the applicant to all affected
adjacent jurisdictions, the Department of Conservation and Recreation, and to
the Federal Insurance and Mitigation Administration.
8. Shall minimize negative impacts upon wildlife habitat.
9. Shall have its design incorporate base (1 nil -percent annual chance) flood
elevation data for any proposed new activity or development greater than 50 lots or
five acres, whichever is the lesser, if located within zone A. In addition, the best
available floodway information from federal, state, or other sources acceptable to
the zoning administrator shall be used.
10. Shall not result in more than a one f of any_increase in the base ( -ml-
percent annual chance) flood elevation except as permitted in §4.15.4.G. 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.
§6.11.6. Revocation of permits
A floodplain permit shall be revoked if the zoning floodplain administrator finds that the
terms of the permit have been violated or that there is a hazard to the public health, safety and
welfare.
§6.11.7. Transfer of floodplain permits
Approved floodplain permits, and any attached conditions, run with the land and are not
affected by changes in tenancy or ownership.
§6.11.8. Administrative appeals
Final decisions on floodplain permits shall be made within 30 days of the final decision to the
board of zoning appeals in accordance with §6.22.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 6, §6.17 of the Code of the City of Fairfax, Virginia,
is hereby amended as follows:
§6.17. SPECIAL EXCEPTIONS
§6.17.1. Applicability
A. Special exceptions shall be reviewed in accordance with the provisions of §6.17.
31
B. Special exceptions may be approved modifying:
The specific use standards authorized by the §3.5. This should not be interpreted as
authorizing uses not otherwise allowed by §3.3;
2. The dimensional standards (for residential and nonresidential uses) of §3.6;
3. All standards applicable to overlay districts (§3.7); and
4. The site development standards of Article 4.
C. Alternatively, and in conjunction with other development reviews or where two or
more special exceptions are proposed as part of the same application on all district
properties, except in the RL, RM and RH districts, the city council may serve as the
board of zoning appeals and approve special exceptions.
D. The board of zoning appeal shall have authority to approve all special exceptions in
the RL, RM and RH districts.
§6.17.2. Pre -application meeting
Applicants submitting special exception applications shall hold a pre -application meeting in
accordance with §6.2.1.
§6.17.3. Application requirements
Applications for special exceptions shall be submitted in accordance with §6.2.3.
§6.17.4. Notice and hearings
The city shall hold all required public hearings and give notice in accordance with §6.2.5.
§6.17.5. Action by zoning administrator
A. The zoning administrator shall review each special exception application for
compliance with the approval criteria of §6.17.7 and distribute the proposed plan to
appropriate agencies and reviewers.
B. Applications on historic district and the transition overlay district properties requiring
a certificate of appropriateness will be submitted to the board of architectural review
for recommendation prior to action by the decision -making body.
C. The zoning administrator shall provide a report and recommendation to the decision -
making body.
§6.17.6. Action by decision -making bodies
After receiving the zoning administrator's report and recommendation, the decision -making
bodies shall review the proposed special exception in a public hearing and in accordance with
the approval criteria of §6.17.7, and take one of the following actions: approve, approve with
modifications or conditions, table or defer, or disapprove the special exception application.
32
§6.17.7. Approval criteria
A. In approving a special exception, decision -making bodies shall consider additional
mitigation measures offered in support of the application, if any, and whether granting
the special exception will:
1. Ensure the same general level of land use compatibility as the otherwise applicable
standards;
2. Not materially and adversely affect adjacent land uses and the physical character
of uses in the immediate vicinity of the proposed development because of
inadequate transitioning, screening, setbacks and other land use considerations;
Be generally consistent with the purposes and intent of this chapter and the
comprehensive plan; and
4. Be based on the physical constraints and land use specifics, rather than on
economic hardship of the applicant.
B. Decision -making bodies may consider any special efforts by the applicant to promote
compatibility with neighboring properties, such as the installation of additional walls,
fences, landscaping or screening, beyond that otherwise required, or other site design
trade-offs.
C. Forspecial exceptions in the floodplain, in addition to items in '6.17.7.A.1-4 the
Mroval criteria of §6.11 shall also apply.
§6.17.8. Transfer of special exception approvals
Special exception approvals, and any attached conditions, run with the land and are not
affected by changes in tenancy or ownership.
§6.17.9. Appeals to court
Final decisions of decision -making bodies on special exceptions may be appealed within 30
days of the final decision in accordance with §6.24.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 6, §6.18 of the Code of the City of Fairfax, Virginia,
is hereby amended as follows:
§6.18. VARIANCES
§6.18.1. Applicability
A. Variances shall be reviewed in accordance with the provisions of §6.18.
B. The board of zoning appeals may authorize, upon appeal or original application, such
variance from the terms of this chapter as will not be contrary to the public interest,
when, owing to special conditions, a literal enforcement of the provisions will result in
unnecessary hardship; provided that the spirit of this chapter shall be observed and
substantial justice done.
33
C. When a property owner can show that his property was acquired in good faith and
where:
1. By reason of the exceptional narrowness, shallowness, size or shape of a specific
piece of property at the time of the effective date of this chapter or the ordinance
from which this chapter is derived; or
2. By reason of exceptional topographic conditions or other extraordinary situation or
condition of the property, or of the condition, situation, or development of property
immediately adjacent thereto, the strict application of the terms of the chapter
would effectively prohibit or unreasonably restrict the utilization of the property or
where the board is satisfied, upon the evidence heard by it, that the granting of the
variance will alleviate a clearly demonstrable hardship, as distinguished from a
special privilege or convenience sought by the applicant, provided that all
variances shall be in harmony with the intended spirit and purpose of the chapter.
D. Alternatively, and in conjunction with other development reviews as part of the same
application, the city council may serve as the board of zoning appeals and approve
variances.
§6.18.2. Application requirements
Applications for variances shall be submitted in accordance with §6.2.3.
§6.18.3. Notice and hearings
The city shall hold all required public hearings and give notice in accordance with §6.2.5.
§6.18.4. Action by zoning administrator
The zoning administrator shall review each variance application for compliance with the
approval criteria of §6.18.6 and distribute the application to appropriate agencies and
reviewers. The zoning administrator shall provide a report and recommendation to the
decision -making body.
§6.18.5. Action by decision -making body
After receiving the zoning administrator's report and recommendation, the decision -making
bodies shall review the proposed variance in a public hearing and in accordance with the
approval criteria of §6.18.6, and take one of the following actions: approve, approve with
modifications or conditions, table or defer, or disapprove the variance application.
§6.18.6. Approval criteria; findings of fact
The decision -making body shall authorize a variance where the decision -making body makes
a positive finding on each of the following:
A. That the strict application of this chapter would produce undue hardship;
B. That such hardship is not shared generally by other properties in the same zoning
district and the same vicinity;
34
C. That the authorization of such variance will not be of substantial detriment to adjacent
property and that the character of the district will not be changed by the granting of the
variance; and
D. That the condition or situation of the property concerned or the intended use of the
property is not of so general or recurring a nature as to make reasonably practicable
the formulation of a general regulation to be adopted as an amendment to this chapter.
§6.18.7. Supplemental floodplain variance regulations
A. Applicability
Variances may be issued by the decision -making body in conjunction with other land
use application reviews, for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, only in conformance
with the provisions of §6.18.7.
B. Optional referral
The zoning administrator or decision -making body may refer any variance application
and accompanying documentation to any engineer or other qualified person or agency
for technical assistance in evaluating the proposed project in relation to flood heights
and velocities, and the adequacy of the plans for flood protection and other related
matters.
C. Notifications and acknowledgments
1. Upon receipt of an application for any variance affecting floodplain lands or
affecting any floodplain regulation of this chapter, the director of public works
shall notify the applicant in writing that construction below the 100 eagl-percent
annual chance flood elevation:
(a) Will result in increased premium rates for flood insurance; and
(b) Increases risks to life and property.
2. The applicant shall be required to acknowledge in writing that he assumes all risks
and liabilities connected with such activities. The zoning floodplain administrator
shall maintain a copy of the notification and the applicant's acknowledgment.
D. Criteria for approval
Floodplain variances may only be approved after the decision -making body has
determined that all of the following criteria are met:
1. There is a showing of good and sufficient cause;
2. Failure to grant the variance would result in exceptional hardship to the applicant;
35
3. The granting of such variance will not result in:
(a) Unacceptable or prohibited increases in flood heights;
(b) Additional threats to public safety; or
(c) Extraordinary public expense.
4. The granting of such variance will not:
(a) Create nuisances;
(b) Cause fraud or victimization of the public; or
(c) Conflict with local laws or ordinances.
5. The variance will:
(a) Be the minimum required to provide relief, and
(b) Not cause any increase in the 101-g)ercent annual chance flood elevation;
(c) For new construction and substantial improvements and for other development
necessary for the conduct of a functionally dependent use provided that the
criteria of §6.18.7.D are met;
(d) The structure or other development is protected by methods that minimize
flood damages during the base flood and create no additional threats to public
safety.
E. Additional factors for consideration
The decision -making body shall consider the following additional factors with respect
to floodplain property variances:
1. The danger to life and property due to increased flood heights or velocities caused
by encroachments.
2. The danger that materials may be swept on to other lands or downstream to the
injury of others.
3. The proposed water supply and sanitation systems and the ability of these systems
to prevent disease, contamination, and unsanitary conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owners;
5. The importance of the services provided by the proposed facility to the
community;
36
6. The requirements of the facility for a waterfront location;
7. The availability of alternative locations not subject to flooding for the proposed
use;
8. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future;
9. The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area;
10. The safety of access by ordinary and emergency vehicles to the property in time of
flood;
11. The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site;
12. 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 the variance is the minimum necessary to
preserve the historic character and design of the structure; and
13. Other relevant factors.
F. Supplemental findings of fact
In addition to any other findings of fact required for all variances (see also §6.18.6), in
deciding on variances affecting floodplain property or any floodplain regulations,
findings of fact shall be made by the decision -making bodies on each of the following
matters based on the evidence presented.
1. That the granting of a variance would not result in increased flood heights,
additional threats to public safety or extraordinary public expense, nor create
nuisances, cause fraud or victimization of the public, nor conflict with existing
local laws or ordinances and that all buildings will be protected by methods that
minimize flood damage during the base flood event;
2. That the development activity cannot be located outside the floodplain;
3. That the development activity is not in a regulatory floodway; and
4. That the proposed development will not:
(a) Cause any increase in the 100 ye I -percent annual chance flood elevation.
(b) Create a danger that materials may be swept on -to other lands or downstream
to the injury of others.
(c) Affect the water supply and sanitation systems and the ability of these systems
to prevent disease, contamination, and unsanitary conditions.
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(d) That the variance is the minimum necessary, considering the flood hazard, to
afford relief.
§6.18.8. Effect of approval
Notwithstanding any other provision of this chapter, the property upon which a property
owner has been granted a variance shall be treated as conforming for all purposes; however,
the structure permitted by the variance may not be expanded unless the expansion is within an
area of the site or part of the structure for which no variance is required under this chapter.
Where the expansion is proposed within an area of the site or part of the structure for which a
variance is required, the approval of an additional variance shall be required.
§6.18.9. Transfer of approved variances
Approved variances, and any attached conditions, run with the land and are not affected by
changes in tenancy or ownership.
§6.18.10. Appeals to court
Final decisions of a decision -making body on variances may be appealed within 30 days of
the decision in accordance with §6.24.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that
Chapter 110, Article 9 of the Code of the City of Fairfax, Virginia, is hereby, amended as
follows:
§9.1. GENERAL
Any term not herein defined shall be as defined elsewhere in the City Code, or, if not defined
elsewhere in the City Code, as defined in Webster's New International Dictionary, most recent
edition.
§9.2. ABBREVIATIONS
ADA: Americans with Disabilities Act.
CC: City council of the city of Fairfax, Virginia
BAR: Board of architectural review of the city of Fairfax, Virginia.
BMP: Best management practices.
BZA: Board of zoning appeals of the city of Fairfax, Virginia.
dBA: Decibel
DBH: Diameter at breast height (generally 4.5 feet above ground)
DCR: Virginia Department of Conservation and Recreation.
FCC: Federal communications commission.
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PC: Planning commission of the city of Fairfax, Virginia.
PD: Director of community development and planning of the city of Fairfax, Virginia.
PW: Director of public works of the city of Fairfax, Virginia.
VSFPC: Virginia Statewide Fire Prevention Code.
USAGE: United States Army CoMs of Engineers.
USBC: Virginia Uniform Statewide Building Code.
VADE : Virginia Department of Environmental Quality.
VSMP: Virginia stormwater management program.
ZA: Zoning administrator of the city of Fairfax, Virginia.
§9.3. DEFINED TERMS
Any term not herein defined shall be as defined elsewhere in the City Code, or, if not defined
elsewhere in the City Code, as defined in Webster's New International Dictionary, most recent
edition.
§9.3.1. General terms
1-PERCENT ANNUAL CHANCE FLOODPLAIN: The Federal Emergency Management
Agency designated one percent annual chance water surface elevation. For the pmoses of
this ordinance, the 1-percent annual chance flood is the base flood.
A AND AE ZONES: Areas subject to inundation by the 1-percent-annual-chance flood event
determined by detailed methods. Base flood elevations are shown. MandatoLy flood insurance
purchase rgguirements and flood lain management standards apply.
AH ZONE: Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually
areas of ponding) where avera e depths are between one and three feet. Base flood elevations
derived from detailed hydraulic analyses are shown in this zone. Mandatory flood insurance
purchase rqguirements and flood lain mana ement standards apply.
AO ZONE: Areas subject to inundation by 1-percent-annual-chance shallow flooding (usuall
sheet flow on sloping terrain where average dgpths are between one and three feet. Average -
flood dgpths derived from detailed hydraulic analyses are shown in this zone. Mandatory
flood insurance purchase rgquirements and flood lain management standards apply. Some
AO Zones have been designated in areas with high flood velocities such as alluvial fans and
washes. Communities are encouraged to adopt more restrictive requirements for these areas.
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ACCESSORY BUILDING, STRUCTURE, OR USE: A detached building, structure, or use
on the same lot with, or of a nature customarily incidental or subordinate to, and of a character
related to the principal use or structure. See '4.15.7.D for a licable flood lain standards.
APPROXIMATED FLOODPLAIN DISTRICT: The flood lain area for which no detailed
flood profiles or elevations are provided, but where a 1-percent annual chance flood lain
boundary has been approximated.
BASE FLOOD: The flood haviniz a one percent chance of beiLig 2qualed or exceeded in an
given year.
BASE FLOOD ELEVATION BFE : The FEMA desigLiated one • ercent annual chance water
surface elevation and the elevation determined per 4.15.5.A.3. The water surface elevation of
the base flood in relation to the datumspecified on the cit 's FIRM. For the RuToses of these
regulations, the base flood is the 1 percent annual chance flood.
BASEMENT: A story that is not a story above grade plane (for- areas subjeet to Floo plain
Reg�aafions, see defrnitionstandards in §4.15.151.5.11.B.2). For an • area subject to flood lain
regulations, a basement shall be considered an area of the building having its floor sub- ade
below round level) on all sides.
CONDITIONAL LETTER OF MAP REVISION CLOMR): A formal review and comment
as to whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard areas.
A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study.
DEVELOPMENT: �.. l and any .'list fbanee ai�E�i-the resultiiigz�and vrm asseeiated v� h� he
1 u ;
eenstfuetion of residential,
> >
utility f4eilifies or- straetwes or- the elear-ing of land for- non agr-ieuRwal or- non 444eultuf
pufpeses. Any man-made change to improved or unimproved real estate including but not
limited to buildin s or other structures mining. dred gin . filling, gEadiag,paving, excavation
or drilling ol2erations or other land -disturbing activities or storage of gquipment or materials.
See definition in §4.16.10 regarding storm drainage facilities.
ELEVATION CERTIFICATE: An administrative tool of the National Flood Insurance
Pro am which is to be used to provide elevation information necesM to ensure compliance
with to community flood lain management ordinances to determine the proper insurance
remium rate. or support a request for a Letter of Ma Amendment.
ENCROACHMENT: For an • area subject to flood lain regulations, the advance or
infringement of uses plant growth, fill, excavation, buildings, permanent structures or
development into a floodplain, which may impede or alter the flow capacity of a flood -plain.
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EXISTING CONSTRUCTION/STRUCTURE: For the RLuMoses of the insurance program,
structures for which the "start of construction" commenced before the effective date of the
FIRM or before Janua 1. 1975 for FIRMS effective before that date. For flood lain
management oses. the term "existing structure" refers to structures that predate a
communi 's adoption of its first flood -plain management regulations.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The federal a eng under
which the NFIP is administered. In March 2003. FEMA became part of the newly created
U.S. Department of Homeland Security.
FLOOD OR FLOODING: A general or temporarytmporary condition of partial or complete inundation
of normally d land areas from the overflow of inland or tidal waters,• the unusual and rapid
accumulation or runoff of surface waters from gny source. Mudflows which are Rroximately
caused by such accumulation or runoff of surface waters and are akin to a river of liquid and
flowing mud on the surfaces of nonnally da land areas as when earth is carried by a current
of water and dgposited along the path of the current. The collapse or subsidence of land along
the shore of a lake or other bodv of water as a result of erosion or undermining caused b
waves or currents of water exceeding anticipated c clical levels or suddenly caused by an
unusually high water level in a natural body of water, accompanied by a severe storm, or b
an unanticipated force of nature such as flash flood or an abnormal tidal sure or by some
similarly unusual and unforeseeable event which results in the overflow of inland or tidal
waters.
FLOOD DAMAGE -RESISTANT MATERIAL: any building, product capable of withstandin
direct and prolonged contact with floodwaters without sustaining significant damage." The
term "prolonged contact" means at least 72 hours. and the term "si�mificant damage" means
any damage r2quiring, more than cosmetic re air. "Cosmetic r air" includes cleanin
sanitizing, and resurfaciniz of the material.
FLOOD INSURANCE RATE MAP (FIRM): an official map of a communily, on which
FEMA has delineated both the special hazard areas and the risk premium zones a licable to
the community*. A FIRM that has been made available digitally is called a Digital Flood
Insurance Rate Map (DFIRM).
FLOOD INSURANCE STUDY (FIS'): A rqport by FEMA that examines evaluates and
determines flood hazards and if appropriate, correMonding water surface elevations, or an
examination, evaluation and determination of mudflow and/or flood -related erosion hazards.
FLOODPLAIN AREA: Any land area susceptible to being inundated by water from an
source.
FLOODPLAIN DISTRICT: District designated as a s ecial flood hazard area.
FLOODPLAIN ADMINISTRATOR: the individual appointed to administer and implement
these regulations. The zoning administrator has been appointed as the flood lain
administrator.
FLOODPROOFING: Also called "dEy flood roofi ." A combination of measures that results
in a structure including the attendant utilities and gguipment, being watertight with all
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elements substantially impermeable and with structural components having the capacity to
resist flood loads.
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasingthe
water surface elevation more than one foot.
FLOODWAY DISTRICT: The area within an AE Zone that is delineated, for purposes of this
ordinance using the criterion that certain areas within the flood lain must be capable of
carrying the waters of the one percent annual chance flood without increasing the water
surface elevation of that flood more than one foot at any point. See �4.15.5.A.
HIGHEST ADJACENT GRADE: the highest natural elevation of the ground surface l2rior to
construction next to the proposed walls of a structure.
HISTORIC STRUCTURE: An structure that is: a listed individually in the National
Register of Historic Places a listing maintained by the Department of Interior) or
preliminarily determined by the SecretM of the Interior as meeting the requirements for
individual listing on the National Register, (b) certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance of a registered historic
district or a district preliminarily determined by the SecretaEy to qualify as a registered
historic district c individually listed on a state invento of historic places in states with
historic preservation progains which have been approved by the Secretary of the Interior: or,
c individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either: d by an anproved state 12roglam as
determined by the Secretary of the Interior• ore directly by the Secretary of the Interior in
states without approved programs.
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS: Analyses perfonned b
a licensed professional enjameer, in accordance with standard engineering practices that are
accepted ted by the Virginia Department of Conservation and Recreation and FEMA, used to
determine the base flood other frMuency floods flood elevations floodway information and
boundaries and flood profiles.
LETTER OF FINAL DETERMINATION (LFD): A letter FEMA sends to the chief executive
officer of a community stating that a new or updated FIRM or DFIRM will become effective
in six months.
LETTER OF MAP CHANGE (LOMQ: A letter of map change is an official FEMA
determination, by letter, that amends or revises an effective Flood Insurance Rate Map or
Flood Insurance Study. Letters of map change include:
LETTER OF MAP AMENDMENT LOMA : An amendment based on technical data
showing. that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Mgp and establishes that land as
defined by meets and bounds or structure is not located in a special flood hazard area.
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LETTER OF MAP REVISION (LOMRI: A revision based on technical data that may show
changes to flood zones, flood elevations, floodplain and floodway delineations, and
lanimetric features. A letter of ma revision based on fill LOMR-F . is a determination that
a structure or parcel of land has been elevated by fill above the base flood elevation and is,
therefore. no longer exposed to flooding associated with the base flood. In order to qualify for
this determination the fill must have been pennitted and 121aced in accordance with the
community's floodplain management regulations.
LOCAL FLOOD HAZARD MAP: A ma created by the city of Fairfax to identify and
regulate local flood hazard or ponding areas that are not delineated on the Flood Insurance
Rate Mg.
LOWEST ADJACENT GRADE: the lowest natural elevation of the ground surface next to
the walls of it structure.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood -resistant enclosure usable solely for parking of vehicles building access
or storage in an area other than a basement area is not considered a building's lowest floor,
provided. that such enclosure is not built so as to render the structure in violation of the
applicable non -elevation desi_ n requirements of 44 CFR 60.3.
MANUFACTURED HOME: A structure. trans ortable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when
connected to the rgquired utilities. For floodplain management pMoses the term
"manufactured home" also includes park trailers. travel trailers and other similar vehicles
laced on a site for greater than 180 consecutive days. but does not include a recreational
vehicle.
NEW CONSTRUCTION: For the puKposes of determining insurance rates, structures for
which the "start of construction" commenced on or after December 31, 1974, and includes
any subs uent improvements to such structures. For floodplain mans ement purposes, new
construction means structures for which the start of construction commenced on or after the
effective date of a floodplain management regulation adopted by the City and includes any
subsgquent improvements to such structures.
ONE -PERCENT ANNUAL CHANCE FLOODPLAIN: See "1-percent annual chance
floodplain."
SHALLOW FLOODING AREA: A special flood hazard area with base flood depths from
one to three feet where a clearly defined channel does not exist where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is
characterized by pondiLigor sheet flow.
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SPECIAL FLOOD HAZARD AREA: The land in the floodplain subject to a one percent or
greater chance of being flooded in any given year as determined in K 15.5.
START OF CONSTRUCTION: The date the building permit was issued, provided the actual
start of construction. repair, reconstruction, rehabilitation addition, placement, substantial
imi2rovement or other improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns or any work
beyond the stage of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation. such as clearing_ grading and
fillip • nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings_ piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings, such as garages or
sheds not occu ied as dwelling units or not part of the main structure. For a substantial
improvement the actual start of the construction means the first alteration of any wall, ceiling.
floor, or other structural part of a building, whether or not that alteration affects the external
dimensions of the building.
STRUCTURE: Anything constructed or erected which requires a location on the ground, or is
attached to something having a location on the ground, including but not limited to signs,
fences, radio towers, gasoline pumps and swimming pools. For any area subject to flood lain
regulations, a structure shall further be considered a walled and roofed building, includinga
gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damaged condition would equal or exceed 49 percent of
the market value of the structure before the damage occurred. It also means flood -related
damages sustained by a structure on two occasions in a 10-year period. in which the cost of
the repair, on the average, equals or exceeds 25 percent of the market value of the structure at
the time of each such flood event.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation addition, or other
improvement of a structure the cost of which equals or exceeds 49 percent of the market
value of the structure before the start of construction of the improvement. This term includes_
structures that have incurred substantial damn e regardless of the actual repair work
performed. The term does not, however, include either: (a) any project for improvement of a
structure to correct existing violations of state or local health sanitm, or safely code
specifications which have been identified by the local code enforcement official and which
are the minimum necessary to assure safe livin conditions or an alteration of a historic
structureprovided that the alteration will not preclude the structure's continued designation
as a historic structure. Historic structures undergoingundggoiLig rqpair or rehabilitation that would
constitute a substantial improvement as defined above must comnly with all ordinance
requirements that do not preclude the structure's continued designation as a historic structure.
Documentation that a specific ordinance r uirement will cause removal. of the structure from
the National Register of Historic Places or the State Inventory of Historic places must be
obtained from the SecretSecretary of the Interior or the State Historic Preservation Officer. Any
exemption from ordinance requirements will be the minimum necessary to preserve the
historic character and design of the structure.
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VIOLATION: the failure of a structure or other develol2ment to be fully compliant with the
community's flood lain management regulations. A structure or other development without
the elevation certificate other certifications, or other evidence of co pliance required in these
regulations is presumed to be in violation until such time as that documentation is provided.
WATERCOURSE: A lake, river, creek, stream. wash. channel or other topographic feature on
or over which waters flow at least periodically. Watercourse includes specifically designated
areas in which substantial flood damage may occur.
§9.3.32. Storm drainage facilities -related terms
See §4.16.10.
§9.3.43. Chesapeake Bay Preservation -related terms
See §4.18.14
This ordinance shall be effective upon adoption.
PUBLIC HEARING: October 25, 2022
ENACTED: October 25, 2022
ATT ST:
City Clerk
VOTE:
Mayor Meyer
Aye
Councilmember Harmon
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye
45
Mayor
A ?,/, ?" �-
Date