20060509 2006-06
ORDINANCE NO. 2006-6
AN ORDINANCE AMENDING SECTION 110-4, ARTICLE 1, AND
SECTIONS 110-57, 58,&59, ARTICLE II, CHAPTER 110 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA.
NOW BE IT ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Section 110-4, Article I, Chapter 110 of the Code of the City of
Fairfax, Virginia is hereby amended with respect to the following definitions:
Sec. 110-4. Definitions.
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
increasing the water surface elevation more than one foot.
Historical Structures and Properties. Any structure or property that is: (a) Listed
individually in the National Register of Historic places (as defined herein) or
preliminarily determined by the Secretary 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 secretary to qualify as a registered historic district; (c )Individually listed on the
state inventory of historic places; and/or (d) Individually listed in the City of Fairfax
Inventory of Historic Sites.
National Register of Historic Places. A register of districts, sites, buildings, structures
and objects significant in American history, architecture, archaeology and/or culture that
is maintained by the Federal Secretary of the Interior. National Historic Landmarks are
districts or structures listed on the Register that are considered to be of unusual
importance to American history, architecture, archaeology and/or culture.
Recreational Vehicle (RY). Any travel trailer, pick-up camper, motorhome, tent trailer,
or similar device originally designed for use as temporary housing.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
that Sections 110-57 through 110-59, Article II, Division 2, Chapter 110 of the
Code of the City of Fairfax, Virginia are hereby amended as follows:
Sec. 110-57. General provisions.
(a) Application and construction of division. The provisions of this division shall
apply to all land located within a floodplain as defined in section 110-4. These
provisions shall not be construed to permit the alteration of floodplain boundaries
except as provided in subsections (d) and (e) of this section.
(b) Compliance. No building or structure or addition to any existing building or
structure increasing its outside perimeter or any other construction, excavation, or any
other development shall be erected in or over the floodplain except in compliance with
the provisions of this division. This division shall be applied in addition to all other
applicable federal, state and local statutes, laws, ordinances and regulations. Where
such statutes, laws, ordinances and regulations conflict, the more restrictive shall
prevail. For the purposes ofthis section, "development" shall mean any man-made
change to improved or unimproved real estate, including, but not limited to, buildings
or other construction, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
(c) Permit required. No person shall use any floodplain without first having secured
a floodplain permit from the zoning administrator. A floodplain permit shall be issued
by the zoning administrator after an application has been submitted along with any
documentation required by the zoning administrator and a fee in accordance with the
schedule of fees adopted by the city council. All applications for development in the
floodplain district and all floodplain permits issued for the floodplain shall incorporate
the following information: for structures to be elevated, the elevation of the lowest
floor (including basement); for structures to be flood-proofed (non-residential only),
the elevation to which the structure will be flood-proofed. The zoning administrator
shall issue such permit only after he is satisfied that such use complies with the
requirements of this division.
(d) Modification of boundaries. The city council may modify the boundaries of the
floodplain in accordance with the procedures established for zoning map amendments
contained in section 110-5. Any such modification shall be based upon hydrologic and
hydraulic analyses performed by an engineer who shall certify that the technical
methods used correctly reflect accepted engineering design methods. Prior to any such
modification, approval shall be obtained from the Federal Emergency Management
Agency.
(e) Interpretation of boundaries; appeal to board of zoning appeals. The zoning
administrator shall be responsible for the interpretation of floodplain boundaries and
may approve minor refinements after consulting with the city engineer to more
accurately determine the true location of such boundaries. Such approval shall be
based on hydrologic and hydraulic analyses performed by an engineer, who shall
certify that the technical methods used correctly reflect accepted engineering design
methods. The determination of the floodplain boundary by the zoning administrator
may be appealed by an aggrieved party to the board of zoning appeals pursuant to
section 110-1102.
(f) Liability of city. The approval of any floodplain development shall not constitute
a representation, guarantee or warranty of any kind by the city or any board,
commission, agent or employee thereof of the practicability or safety of any proposal
and shall create no liability on the part of or give cause for any action against said
bodies or individuals for any loss or damage that may result therefrom. In addition,
approval of any use or development within the floodplain shall not be construed as
creating an obligation or need for the expenditure of public funds to construct,
maintain or remove public or private drainage systems.
(Ord. No. 2003-6, 2-11-2003)
Sec. 110-58. Permitted uses.
The following uses shall be permitted within the floodplain by right or with a special
use permit, as specified; provided, that such uses are permitted in the zoning district
within which they are located, the review criteria contained in section 110-59 are met,
and a floodplain permit is obtained as specified in subsection 11O-57(c).
(1) By right.
a. Utilities and public facilities and improvements such as streets, channel
improvements, bridges, utility pipes, utility transmission lines and stormwater
management facilities shall be permitted.
b. The following uses and improvements shall be permitted by right, provided that
the development or use is otherwise permitted in this chapter and that the area of
impervious surface shall not exceed 2,500 square feet and such uses or improvements
shall not contain areas of fill in excess of 12 inches in depth:
1. Agricultural uses such as farming, gardening, grazing and similar uses.
2. Outdoor recreational uses such as parks, trails, picnic grounds, athletic fields, play
grounds, golf courses, tennis courts and archery ranges; provided, however, that the
use, parking or storage of recreational vehicles (RVs) shall be prohibited within any of
the areas identified as "flood areas" on the adopted FEMA Flood Insurance Rate Map
for the City of Fairfax.
(2) With special use permit. The following uses and improvements shall be
permitted with a special use permit issued by city council in accordance with the
provisions of section 110-366, provided that such use is permitted in the zoning
district in which the proposed use or improvement is located:
a. [Area specified.} The uses permitted by right specified in subsection (1 )b. of this
section where the area of impervious surface will exceed 2,500 square feet or such
uses or improvements will contain areas of fill in excess of 12 inches in depth.
b. Redevelopment of property. For the purposes of this division, redevelopment shall
be any reconstruction, conversion, structural alteration, relocation or enlargement of
any structure or any extension of the use of the land. No redevelopment shall be
permitted in any floodplain until the developer submits to the zoning administrator a
study performed by an engineer which addresses the review criteria contained in
section 110-59. Redevelopment shall only be permitted if construction techniques are
employed which floodproof each structure located within the floodplain in accordance
with the National Flood Insurance Program, Uniform Statewide Building Code
floodproofing standards and all other applicable requirements. Within zone AO the
underside of the lowest floor (including basement) of any structure shall be a
minimum of three and one-half feet above the highest adjacent grade. In addition, the
underside of the lowest floor (including basement) of any structure shall be a
minimum of 18 inches above the floodplain elevation. For the purposes of this section,
"basement" shall mean any area of the building having its floor subgrade (below
ground level) on all sides. Furthermore, the "lowest floor" shall mean the lowest floor
ofthe lowest enclosed area (including basement).
(Ord. No. 2003-6, 2-11-2003)
Sec. 110-59. Review criteria.
Permitted uses, activities or developments (including redevelopments) within the
floodplain shall be permitted only when all available alternative locations not within
the floodplain have been properly considered and it is not possible to accommodate
reasonable development outside the floodplain boundaries. Each application for a
floodplain permit, together with required supporting documentation, shall clearly
demonstrate that the proposed use, activity or development:
(1) Shall minimize grading to the maximum possible extent.
(2) Shall minimize the amount of impervious surface to the maximum possible extent
through site design, the use of porous construction materials, grid or modular
pavement, and other reasonable methods.
(3) Shall minimize the loss of natural vegetation and natural stormwater
characteristics.
(4) Shall minimize the susceptibility of structures and their contents to flood damage.
(5) Shall not negatively affect water quality.
(6) Shall not increase the intensity or extent of flooding of lands above or below the
property or jeopardize property or human life.
(7) Shall not adversely affect the capacity of the floodplain channel or increase
erosion within or adjacent to the floodplain. Prior to any proposed alteration or
relocation of any channels or of any watercourse, stream, etc., within the city all
applicable permits shall be obtained from the U.S. [Army] Corps of Engineers, the
Virginia Department of Environmental Quality, and the Virginia Marine Resources
Commission. Furthermore, notification of the proposal shall be given by the applicant
to all affected adjacent jurisdictions, the Department of Conservation and Recreation,
and the Federal Insurance Administration.
(8) Shall minimize negative impacts upon wildlife habitat.
(9) Shall have its design incorporate base (IOO-year) flood elevation data for any
proposed new activity or development greater than 50 lots or five acres, whichever is
the lesser, iflocated within zone A. In addition, the best available floodway
information from federal, commonwealth, or other sources acceptable to the zoning
administrator shall be used.
(10) Shall not result in more than a one-foot increase in the base (IOO-year) flood
elevation. This shall include the cumulative effect of the proposed use, activity, or
development when combined with all other existing and anticipated uses, activities, or
development.
(11) Shall not negatively affect drainage.
(Ord. No. 2003-6, 2-11-2003)
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The ordinance shall become effective as provided by law.
Planning Commission Public Hearing: April 10, 2006
City Council Public Hearing: Mav 9,2006
Adopted: May 9, 2006
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Attest:
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthorne
Councilmember Winter
Aye
Absent
Aye
Aye
Aye
Aye