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