The POS zone is established to provide, preserve, and enhance publicly owned open spaces, parks, recreational areas, and similar areas to protect the natural and developed amenities they possess by allowing only that development which respects and is consistent with those amenities. This zone is intended to apply to all publicly owned open spaces, parks, recreation facilities, and similar areas.

The following are permitted uses in the POS zone:

(A)

Parks;

(B)

Accessory uses, as defined by sections 6-103 and 7-100.

Accessory uses and structures, including outdoor storage, restroom structures, maintenance sheds, score boards, netting, semi-enclosed shelters and pavilions, shade structures, concessions structures, and off-street parking. Other uses or structures as may be approved by the director if the accessory use or structure complies with the definitions in the zoning ordinance.

Temporary uses and structures compatible with the purposes of the POS zone, such as markets, vendor carts, fairs, festivals and competitions, temporary recreation facilities, and structures associated therewith, such as tents and band shells, may be permitted by resolution of city council, subject to such limitations, terms and conditions as therein specified; provided, that city council may by resolution delegate such approval authority, in whole or in part, to the city manager, under appropriate standards and guidelines, and subject to appeal to city council.

The following uses may be allowed in the POS zone pursuant to a special use permit:

(A)

Congregate recreational facilities;

(B)

Cultural facilities such as botanical gardens, arboretums, nature centers, conservatories, historic sites, archeological sites, and monuments;

(C)

Plant, tree and flower nurseries;

(D)

Public utility rights-of-way and similar public works compatible with the purposes of the POS zone;

(E)

Lighting of any congregate recreational facilities in the POS zone for nighttime use, exclusive of necessary pathway and parking lot lights for pedestrian safety, signage, and flagpoles; and

(F)

Public recycling center.

Any use which is not a permitted, special, temporary or accessory use pursuant to this section 6-100 is prohibited.

The following bulk, space and yard requirements shall apply in the POS zone:

(A)

The maximum permitted height of a building or structure is: 30 feet; provided, that with a special use permit the height may be increased to an amount not to exceed 50 feet for a building or structure or, in the case of an ornamental structure as defined in section 2-197.1, to an amount not to exceed 50 feet.

The following limitations and conditions shall govern all uses and structures in the POS zone:

(A)

Outdoor storage shall be entirely screened from view with a vegetative and/or architectural screen.

(B)

All lighting shall be located and shielded so as to prevent the direct glare of beams onto residential properties and streets.

(C)

All public address systems, loudspeakers or other sound-producing activities shall be designed, located and operated so as to avoid any undue disturbance or any nuisance to surrounding areas.

No use or structure, otherwise subject to the provisions of this section 6-100, which was in existence on September 16, 1989 or for which a preliminary or combination site plan approved on or before September 16, 1989, continues in force and effect, shall be deemed a nonconforming use by virtue of any provisions of this section 6-100, nor shall any such use be subject to the provisions of this section 6-100; provided, however, that no such use shall be extended or enlarged to a size or density in excess of that which existed on, or which was described in, a site plan approved as of September 16, 1989, unless compliance with the provisions of this section 6-100 shall have been had.

(Ord. No. 3612, § 4, 1-23-93; Ord. No. 3654, § 2, 6-30-93; Ord. No. 3753, § 1, 9-27-94; Ord. No. 4061, §§ 1, 2, 6-12-99; Ord. No. 4155, § 1, 9-16-00; Ord. No. 4272, § 2, 10-19-02; Ord. No. 5171, § 2, 11-17-18; Ord. No. 5303, § 5, 10-17-20; Ord. No. 5503, § 2, 7-5-23)

The purpose of the WPR zone is to enhance the vitality of the Alexandria waterfront by providing for parks, open spaces and recreational opportunities linked by a continuous pedestrian promenade.

The following uses are permitted in the WPR zone:

(A)

Public buildings;

(B)

Public parks, playgrounds, athletic fields or other outdoor recreation facilities;

(C)

Retail and/or service commercial when accessory to a permitted use, provided such retail and/or service commercial does not occupy more than ten percent of the land area of the lot, parcel or tract of land.

The following uses may be allowed in the WPR zone with administrative approval, subject to section 11-513 of this ordinance.

(A)

Restaurant;

(B)

Outdoor dining on private property;

(C)

Outdoor market.

The following uses may be allowed in the WPR zone pursuant to a special use permit:

(A)

Any use with live entertainment;

(A.1)

Bike rental;

(B)

Commercial outdoor recreation facilities;

(C)

Facilities used for the docking or berthing of boats or ships, including public or private marinas and/or boat clubs with related facilities limited to water and electricity connections;

(D)

Outdoor market, other than pursuant to section 6-202.1;

(E)

Outdoor dining on private property, other than pursuant to section 6-202.1;

(F)

Privately owned public use buildings such as civic auditoriums or performing arts centers.

Any use which is not a permitted, special or accessory use pursuant to this section 6-200 is prohibited.

(A)

Front yards. The front building line shall be set back not less than 20 feet from the front lot line for all uses.

(B)

Side yards. The minimum side yard shall be 12 feet.

(C)

Rear yards. The minimum rear yard shall be 12 feet.

No more than 30 percent of any lot, parcel or tract of land shall be covered by building.

25 percent of any lot, parcel or tract of land shall be provided as open and usable space. In addition, each use, development or project shall provide an open space walkway and bikeway adjacent to the high water mark of the Potomac River.

No building shall exceed 30 feet in height.

All developments containing new or replacement utility facilities within the development shall provide for underground installation of said facilities.

(Ord. No. 3612, § 5, 1-23-93; Ord. No. 3753, § 1, 9-27-94; Ord. No. 5303, § 5, 10-17-20; Ord. No. 5490, § 5, 5-13-23)

(A)

This ordinance is adopted pursuant to the authority granted to localities by Va. Code § 15.2-2280, as well as the authority specifically granted to the city in its Charter. The purpose of these provisions 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:

(1)

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 frequency;

(2)

Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;

(3)

Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or flood-proofed against flooding and flood damage; and,

(4)

Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

(A)

These provisions shall apply to all privately and publicly owned lands within the jurisdiction of the City of Alexandria and identified as being in a Special Flood Hazard Area (SFHA) identified by the community or included in the Federal Emergency Management Agency {FEMA) flood insurance study (FIS) or shown on the flood insurance rate map (FIRM) that are provided to the City of Alexandria by FEMA dated January 11, 2024.

(B)

The floodplain district regulations in section 6-300 are adopted in compliance with floodplain management criteria set forth in regulations promulgated by FEMA.

(C)

This section shall be applicable to all applicants for development permits in the floodplain SFHA.

(D)

All buildings, not previously mapped into the SFHA by FEMA and are newly mapped partially or wholly into the SFHA by new effective FEMA maps, for which a building permit shall have been duly and regularly issued by the director of the Department of Code Administration before January 11, 2024, which permit has not expired, may be completed without the necessity of complying with the floodplain district regulations in section 6-300, but after completion, any such building or structure and the land on which it is situated shall be subject to all the provisions of said section.

(E)

All preliminary site plans, not previously mapped into the SFHA by FEMA and are newly mapped partially or wholly into the SFHA by new effective FEMA maps, which have been duly and regularly approved before January 11, 2024, and which have not expired, may be completed without the necessity of complying with the floodplain district regulations in section 6-300, but after completion, any building or structure on said site plan together with the land included in said site plan shall be subject to all the provisions of said section.

(F)

All final site plans, not previously mapped into the SFHA by FEMA and are newly mapped partially or wholly into the SFHA by new effective FEMA maps, which have been duly and regularly approved and released before January 11, 2024, and which have not expired may be completed without the necessity of complying with the floodplain district regulations in section 6-300, but after completion, any building or structure on said site plan together with the land included in said site plan shall be subject to all the provisions of said section.

(G)

Any building or structure, not previously mapped into the SFHA by FEMA and are newly mapped partially or wholly into the SFHA by new effective FEMA maps, which is in existence before January 11, 2024, or for which a preliminary or combination site plan, building permit or subdivision approved before January 11, 2024, continues in force and effect shall not be deemed a nonconforming use provided, that any such building or structure which, beginning January 11, 2024, is the subject of substantial improvement shall comply with the floodplain regulations in effect at the time of such improvement.

For the purposes of this section 6-300 the following terms and phrases shall have the meaning ascribed as follows below. Should any uncertainty occur with respect to the definition of any word, term or phrase used in this section, the applicable definitions set out in 44 CFR 59.1, as amended, shall apply.

(A)

A Zone. An area of the 1-percent annual chance flood as shown on the Flood Insurance Rate Map. This zone is also referred to as the Approximated Floodplain District.

(B)

AE Zone. An area shown of the 1-percent annual chance flood on the flood insurance rate map for which corresponding base flood elevations have been provided. This zone is also referred to as the Special Flood Hazard Area District.

(C)

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year. May also be referred to as the 100-year flood.

(C.1)

Appurtenant or accessory structure. A non-residential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures located in the SFHA are not to exceed 600 square feet.

(D)

Base flood elevation (BFE). The water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. For the purposes of this section, the base flood is the 1-percent annual chance flood.

(E)

Basement. Any area of a building (including parking) having its floor subgrade (below ground level) on all sides.

(E.1)

City Vertical Datum. For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on a community's FIRM are referenced.

(F)

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, temporary structures, the construction of streets, the installation of utilities and other activities or operations involving paving, filling, grading, excavating, mining, dredging, drilling, or other land-disturbing activities or permanent or temporary storage of equipment or materials.

(G)

Existing construction/structures. "Existing construction" may also be referred to as "existing structures" and "pre-FIRM." For floodplain management purposes, the term "existing structure" refers to buildings that predate a community's adoption of its first floodplain management regulations.

(H)

Flood/flooding.

(1)

A general and temporary condition of partial or complete inundation of normally dry land areas from:

(a)

The overflow of inland or tidal waters;

(b)

The unusual and rapid accumulation or runoff of surface waters from any source; or,

(c)

Mudflows which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (l)(a) of this definition.

(H.1)

Flood damage-resistant material. Any building product capable of withstanding direct and prolonged contact with floodwaters without sustaining significant damage." The term "prolonged contact" means at least 72 hours, and the term "significant damage" means any damage requiring more than cosmetic repair. "Cosmetic repair" includes cleaning, sanitizing, and resurfacing of the material.

(I)

Flood insurance rate map (FIRM). An official map of a community, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM). The official Flood Insurance Rate Map for the City of Alexandria shall be the in the digital format prepared by FEMA, Federal Insurance Administration, dated January 11, 2024, as amended.

(J)

Flood insurance study (FIS). An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards. The official Flood Insurance Study for the City of Alexandria shall be the flood insurance study prepared by FEMA, Federal Insurance Administration, dated January 11, 2024, as amended.

(K)

Floodplain or flood prone area. Any land area susceptible to being inundated by water from such watercourse, or a land area which is subject to the unusual and rapid accumulation or runoff of surface waters from any source.

(L)

Floodplain district. The areas encompassed by the 1-percent annual chance floodplain as shown on the flood insurance rate map.

(M)

Reserved.

(N)

Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

(O)

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 0.5 feet at any point within the community.

(P)

Freeboard. A factor of safety usually expressed in feet above a specified flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed.

(P.1)

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

(Q)

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(R)

Historic structure. Any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

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;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or,

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

(R.1)

Hydrologic and Hydraulic Engineering Analysis. Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

(R.2)

Letters of Map Change (LOMC). 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 Map and establishes that a land as defined by meets and bounds or structure is not located in a special flood hazard area.

Letter of Map Revision (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter of Map 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 permitted and placed in accordance with the community's floodplain management regulations.

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.

(R.3)

Lowest adjacent grade. The lowest natural elevation of the ground surface next to the walls of a structure.

(S)

Lowest floor. The lowest floor of the lowest enclosed area (including basement). A parking structure that is below grade on all sides is considered a basement and therefore the lowest floor. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area (the enclosure is not below grade on all sides) 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 floodproofing non-elevation design requirements of this section 6-300.

(T)

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without permanent foundation, when connected to the required facilities, and which includes the plumbing, heating, air conditioning and electrical systems contained in the structure. A manufactured home shall include park trailers and other similar vehicles when placed on a site for greater than 180 days.

(U)

Mixed-use building. Any building or structure that is used or intended for use for a mixture of nonresidential and residential uses in the same building or structure. For floodplain management purposes, a mixed-use building is subject to the same rules and conditions as a residential building unless all of the provisions set forth more specifically herein are met.

(V)

New construction. Structures for which the start of construction commenced on or after the effective date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after effective date of community's first floodplain management ordinance adopted by the community and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

(W)

Nonresidential building. Any building or structure which is not a residential building or a mixed-use building.

(W.1)

Pre-FIRM structures. A structure for which construction or substantial improvement occurred before May 8, 1970.

(W.2)

Post-FIRM structures. A structure for which construction or substantial improvement occurred on or after May 8, 1970.

(X)

Recreational vehicle. A vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and,

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

(X.1)

Repetitive Loss Structure. A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions in a 10-year period, in which the cost of the repair, on the average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

(Y)

Residential building. Any single-unit dwelling, two-unit dwelling, townhouse dwelling, or multi-unit dwelling, including any mixed-use building not meeting the criteria for nonresidential and any accessory building or structure.

(Y.1)

Severe Repetitive Loss Structure. A structure that:

(1)

Is covered under a contract for flood insurance made available under the NFIP; and

(2)

Has incurred flood related damage:

(a)

For which 4 or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000; or

(b)

For which at least 2 separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure.

(Z)

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 ponding or sheet flow.

(AA)

Special flood hazard area (SFHA). The land in the floodplain subject to a one percent or greater chance of being inundated in any given year as determined in section 6-304(A).

(BB)

Start of construction. For other than new construction and substantial improvement, under the Coastal Barriers Resource Act (P.L. - 97-348), means the date a building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement, or other improvement was within 180 days of the permit issuance date. The actual start of construction means either the initial placement of permanent construction of a structure on the site, such as the pouring of footings or a slab, the installation of piles, the construction of columns or any work beyond the state of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement or for, 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 occupied as dwelling units and not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the buildings.

(CC)

Structure. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

(DD)

Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred.

(EE)

Substantial improvement. Any repair, reconstruction, rehabilitation, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the start of construction of the improvement. The term does not, however, include either:

(1)

Any improvement of a building or structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by appropriate officials of the state or city and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

(3)

Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement 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 Secretary 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.

(FF)

Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

(GG)

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.

(A)

Description of Special Flood Hazard districts. The various special flood hazard districts shall include the special flood hazard areas described below. The basis for the delineation of these districts shall be the flood insurance study and the flood insurance rate maps for the City of Alexandria prepared by FEMA, Federal Insurance Administration, dated January 11, 2024, and any subsequent revisions and amendments thereto.

The City of Alexandria 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 SFHA Districts are established as shown on the FIRM which is declared to be a part of this ordinance, and which shall be kept on file at the City of Alexandria offices.

(1)

The Floodway District is in an AE Zone and is delineated, for purposes of this ordinance, 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 0.5-feet at any point. The areas included in this District are specifically 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 area, 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 levels 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 director of the department of transportation and environmental services or the Floodplain Administrator. Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies - with the City of Alexandria's endorsement - for a Conditional Letter of Map Revision (CLOMR) and receives the approval of the Federal Emergency Management Agency. If 6-304(A){l)(a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of 6-307 through 6-310.

(b)

The placement of manufactured homes {mobile homes) is prohibited.

(2)

The AE or AH Zones on the FIRM accompanying the FIS 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:

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, 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 0.5-feet at any point within the City of Alexandria.

(3)

The A Zone on the FIRM accompanying the FIS 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)]:

The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one percent annual chance floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from Federal, State, and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other sources of data, then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted practices, 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. The director of the department of transportation and environmental services or 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 to or above the base flood level plus 1-foot. During the permitting process, the floodplain administrator shall obtain:

(a)

The elevation of the lowest floor (in relation to City Vertical Datum), including the basement, of all new and substantially improved structures: and,

(b)

If the structure has been floodproofed in accordance with the requirements of this article, the elevation (in relation to City Vertical Datum) 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 that exceed 50 lots or five acres, whichever is the lesser.

(4)

The mapped floodplain includes all of the above regions and also the regions designated as having a 0.2-percent annual chance of flooding on any flood map or flood insurance study. In this area no emergency service, medical service, or governmental records storage shall be allowed except by special exception using the variance process.

(B)

The delineation of any of the floodplain districts may be revised by the City of Alexandria 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 Engineers or other qualified agency, or an individual documents the need for such change. Updates to the effective regulatory delineation of the floodplain districts require approval from both the City of Alexandria and FEMA.

(C)

Any uncertainty on the floodplain district map, or flood insurance rate map, with respect to the boundary of any floodplain district, either A or AE zone, shall be determined by the director of transportation and environmental services or the floodplain administrator by scaling and computation from the map or by land survey information for the purposes of these development regulations. Individual property owners or developers must receive this determination from FEMA for the purposes of determining the federal requirement for flood insurance.

(A)

The director of the department of transportation and environmental services shall be responsible for the administration of the floodplain management regulations and shall hereby designate a floodplain administrator to administer and implement these regulations. The floodplain administrator may:

(1)

Do the work themselves. In the absence of a Floodplain Administrator, the duties are conducted by the City of Alexandria chief executive officer or authorized designee; or

(2)

Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or

(3)

Enter into a written agreement 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 community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.

(B)

The duties and responsibilities of the floodplain administrator.

(1)

Review applications for permits to determine whether proposed activities will be located in the Special Flood Hazard Area (SFHA) and that the site is reasonably safe from flooding.

(2)

Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

(3)

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.

(4)

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 1-percent annual chance frequency floodplain of free-flowing non-tidal waters of the State.

(5)

Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEO, USACE), and have submitted copies of such notifications to FEMA

(6)

Advise applicants for new construction or substantial improvement of structures that are located within an area of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act that Federal flood insurance is not available on such structures; areas subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier Resource System Areas (CBRS) or Otherwise Protected Areas (OPA).

(7)

Approve applications 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.

(8)

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.

(9)

Review Elevation Certificates and require incomplete or deficient certificates to be corrected.

(10)

Submit to FEMA, 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 Alexandria, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations. The community or applicant should submit data via a LOMR.

(11)

Maintain and permanently keep records that are necessary for the administration of these regulations, including:

(a)

Flood insurance studies, flood insurance rate maps (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, variances, and records of enforcement actions taken to correct violations of these regulations.

(12)

Promote enforcement of the provisions of these regulations including investigation of violations, issuance of notices of violations or stop work orders, and requiring permit holders to take corrective action.

(13)

Advise the city council regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.

(14)

Administer the requirements related to proposed work on existing buildings:

(a)

Make determinations as to whether buildings and structures that are 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. 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.

(15)

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.

(16)

Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Alexandria 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 governing body 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 Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

(17)

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 SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

(18)

It is the duty of the director of the department of transportation and environmental services or the floodplain administrator to 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 community, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying).

(19)

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 Community, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying).

(20)

The director of the department of transportation and environmental services or the floodplain administrator may require information from the applicant, including, but not limited to, an engineering study of the floodplain. Upon a determination that the land on which the proposed use or development is located in a floodplain, the floodplain administrator shall determine whether such use or development may be permitted in accordance with the provisions of section 6-307 through 6-309 or requires the approval of a variance as set forth in section 6-312.

(21)

The director of the department of transportation and environmental services or the floodplain administrator shall be responsible for the collection and maintenance of records necessary for the city's participation in the National Flood Insurance Program. 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 floodplain administrator shall notify or require the applicant to notify the FEMA Federal Insurance Administrator of any change in base flood elevation or the boundaries of any special flood hazard area depicted on the city's flood insurance rate map by submitting technical and scientific data to FEMA for a letter of map revision.

(C)

Permit requirement. All uses activities and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict compliance with the provisions of this ordinance and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and the City of Alexandria Subdivision Regulations. Prior to the issuance of any such permit, the floodplain administrator shall require all applications to include compliance with all applicable State and Federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

(D)

Site plans and permit applications. An applicant must apply for a permit and issuance of the permit is required prior to the start of any development within the special flood hazard area. No site plan, subdivision plat or building permit application which proposes to construct or make substantial improvements within any floodplain district shall be approved by any agency of the City of Alexandria without certification by the director of the department of transportation and environmental services or the floodplain administrator that the plan, plat or permit application meets the requirements of this section 6-300. The director of the department of transportation and environmental services or the floodplain administrator shall insure that all other required permits related to development in the floodplain from state or federal governmental agencies have been obtained.

All applications for new construction or substantial improvement within any floodplain district, and all building permits issued for the floodplain shall incorporate the following information:

(1)

The base flood elevation(s) at the site;

(2)

The elevation of the lowest floor (including basement);

(3)

For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed; and,

(4)

Topographic information showing existing and proposed ground elevations.

(E)

Use and interpretation of FIRMS. The director of the department of transportation and environmental services or 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, or below the 1% storm surge elevation in coastal 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 all applicable requirements of section 6-300; or

(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 SFHA.

(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 SFHAs, 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 FISs 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 floodway areas than are shown on FIRMs and in FISs.

(5)

If a preliminary flood insurance rate map 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 6-304(A)(3) and used where no base flood elevations and/or floodway areas 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 floodway areas 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.

(F)

Jurisdictional boundary changes. The city floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program. 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 governing body shall prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body 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 Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

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 Insurance Administration and optionally the State Coordinating Office 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.

In order that all flood insurance rate maps accurately represent the community's boundaries, a copy of a map of the community 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.

(G)

District boundary changes. The delineation of any of the Floodplain Districts may be revised by the City of Alexandria 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 Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. A completed LOMR is a record of this approval.

(I)

Submitting model backed technical data. A community'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 community shall notify the Federal Emergency Management Agency 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 floodplain management requirements will be based upon current data.

(J)

Letters of map revisions. 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 conditional letter of map revision and then a letter of map revision.

Example Cases:

(1)

Any development that causes a rise in the base flood elevations within the floodway.

(2)

Any development occurring in Zones A and AE without a designated floodway, which will cause a rise of more than 0.5-feet in the base flood elevation.

(3)

Alteration or relocation of a stream (including, but not limited to, installing culverts and bridges) 44 Code of Federal Regulations §65.3 and §65.6(a)(12).

The following provisions shall apply to all permits in all Special Flood Hazard Area districts:

(A)

New construction and substantial improvements shall be built according to this ordinance and the VA USBC, and anchored to prevent flotation, collapse, or lateral movement of the structure.

(B)

Manufactured homes including non-residential trailers shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces.

(C)

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(D)

New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(E)

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 1-foot so as to prevent water from entering or accumulating within the components during conditions of flooding.

(F)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(G)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

In addition to provisions A—G above, in all special flood hazard areas, the additional provisions shall apply:

(1)

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 Quality, 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 given 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 Agency.

(2)

The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

Within the boundaries of any A or AE zones in any floodplain district as shown on the flood insurance rate map, buildings or structures and their extensions and accessory buildings or structures maybe be constructed or substantially improved only in accordance with the following requirements of this section 6-300 and all other applicable provisions of law.

In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with 6-304(A)(3) of the following provisions shall apply:

(A)

Residential construction.

(1)

New construction or substantial improvement or any residential building or structure and their extensions and accessory buildings or structures in Zones A, AE, and with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood elevation plus 1-foot.

(2)

No building permit for the substantial improvement of an existing residential building shall be at least one foot issued unless the building has the lowest floor (including the basement) elevated to or above the base flood elevation plus 1-foot.

(B)

Non-residential construction.

(1)

New construction or substantial improvement for any commercial, industrial, or non-residential building and any extension or accessory to a non-residential building shall have the lowest floor, including basement, elevated to or above the base flood elevation plus 1-foot.

(2)

New construction or substantial improvement of any building designated as Flood Design Class 4 in the VA USBC shall have the lowest floor, including basement, elevated at least 1-foot above the base flood elevation or the 0.2-percent annual chance flood elevation, whichever is higher.

(3)

Non-residential buildings located in all A, AE, and AH zones may be dry-floodproofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the base flood elevation plus 1-foot are 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. In no event shall any floor below the elevation corresponding to the base flood elevation plus 1-foot be used for human or animal habitation, food storage or food preparation. A registered professional engineer or architect shall certify the design and construction using the required FEMA floodproofing certification forms that the standards of this subsection are satisfied. Such certifications, including the specific elevation in relation to City Vertical Datum to which such structures are floodproofed, shall be maintained by the floodplain administrator.

(4)

No building permit for the substantial improvement of an existing nonresidential building shall be issued unless the building, together with attendant utility and sanitary facilities, has the lowest floor (including the basement) elevated to or above the base flood elevation plus 1-foot. Should this not be feasible, no such permit shall be issued unless the existing structure is dry-floodproofed as described in section 6-307 in all areas below the base flood elevation to the classification designated by the floodplain administrator.

(5)

Any mixed-use building may be considered a nonresidential building for purposes of this section 6-307 if all of the following conditions are met; otherwise, the building shall be considered a residential building:

(a)

No more than 20 percent of the development site is within the boundaries of any A or AE zones in any floodplain district as shown on the flood insurance rate map;

(b)

At least 20,000 square feet of finished floor area of the proposed mixed-use building is devoted to nonresidential use;

(c)

Basement areas (including below grade parking) must be located outside the boundaries of any A or AE zones in any floodplain district; and

(d)

All floodproofing requirements specified in this ordinance 6-300 and as specified in NFIP Technical Bulletin 3 (2021 or later) Requirements for the Design and Certification of Dry Floodproofed Non-Residential and Mixed-Use Buildings - Requirements and Certification must be met.

(C)

Space below the lowest floor. In zones A, AE, and AH, fully enclosed areas, of new construction or substantially improved structures, which are below the base flood elevation plus 1-foot shall:

(1)

Not be designed or used for human habitation, but shall be used solely 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 base flood elevation plus 1-foot.

(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 openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

(a)

Provide a minimum of two openings on different side of each enclosed area subject to flooding.

(b)

The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.

(c)

If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

(d)

The bottom of all required openings shall be no higher than one foot above the adjacent grade.

(e)

Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

(f)

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)

All new and replacement public utilities, water mains and sanitary sewers shall be designed to minimize or eliminate infiltration and exfiltration and to ensure their structural integrity under flood conditions to the satisfaction of the director of the department of transportation and environmental services or the floodplain administrator.

(E)

Water heaters, furnaces, electrical distribution panels and other critical mechanical or electrical installations shall not be installed below the base flood elevation. Separate electrical circuits shall serve areas below the base flood elevation and shall be dropped from above.

(F)

Any proposed use of land, development and any new construction or substantial improvement of a building or structure within an A or AE zone, in conjunction with all other uses, existing or possessing a valid permit for construction, shall not increase the water-surface elevation of the l-percent annual chance flood by more than 0.5 foot. Any party proposing a land use or development or such construction or improvement within an A or AE zone shall furnish specific engineering data and information as to the effect of the proposed action on future flood heights and obtain approval from the director of the department of transportation and environmental services or the floodplain administrator prior to undertaking the action.

(G)

No building permit shall be issued for the construction or substantial improvement of a building or structure unless the applicant submits to the department of code administration a certification from a duly registered architect or engineer that the proposed construction (including prefabricated homes) or improvement meets the following requirements:

(1)

The construction shall be protected against flood damage;

(2)

The construction shall be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the building and structure;

(3)

The construction shall be built using materials and utility equipment that are resistant to flood damage; and,

(4)

The construction shall be built using methods and practices that will minimize flood damage. The certification required in section 6-307(H)(1) and (2) shall be based on the 1-percent annual chance flood level as noted on the flood insurance rate map.

(H)

Wherever floodproofing is utilized within the scope of this section 6-300, such floodproofing shall be done by approved methods. A registered professional engineer or architect shall certify the adequacy of the floodproofing design to withstand the stresses of the base flood and such plan shall cite the elevation to which the structure is floodproofed. All certified floodproofing shall be designed as passive and without the need for human intervention. Certifications must be in accordance with the NFIP Technical Bulletin 3, latest version. Such certification shall be provided on Federal Emergency Management Agency, National Flood Insurance Program, elevation certificate and/or floodproofing certificate as deemed applicable by the floodplain administrator. The building or code official shall maintain a file of such certifications, including the elevation of the lowest floor for structures that are elevated in lieu of watertight floodproofing.

(I)

Wherever pilings or columns are used for new construction and substantial improvements the following provisions shall apply:

(1)

The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level plus 1-foot. If the lowest horizontal structural member is parallel to the direction of wave approach or elevated at least two feet above the base flood level if the lowest horizontal structural member is perpendicular to the direction of wave approach; and

(2)

The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (one percent annual chance).

(3)

A registered professional engineer or architect shall develop or review the structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of 6-307(J).

(4)

The floodplain administrator shall obtain the elevation (in relation to City Vertical Datum) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. The floodplain administrator shall maintain a record of all such information.

(5)

All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood-lattice work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

(a)

Breakaway wall collapse shall result from water load les than that which would occur during the base flood: and

(b)

The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year.

(6)

The enclosed space below the lowest floor shall be used solely for parking of vehicles, building access, or storage. Such space shall not be partitioned into multiple rooms, temperature-controlled, or used for human habitation. The enclosed space shall be less than 300 square feet.

(7)

The use of fill for structural support of buildings is prohibited. When nonstructural fill is proposed in a coastal high hazard area, appropriate engineering analyses shall be conducted to evaluate the impacts of the fill prior to issuance of a permit.

(A)

No filling of any kind shall be allowed within the boundaries of any A or AE zone except where such filling, when considered in conjunction with all other uses, existing and proposed, will not increase the base flood elevation more than 0.5 foot. Persons proposing such filling shall furnish specific engineering data and information as to the effect of their proposed action on future flood heights and shall obtain approval from the director of the department of transportation and environmental services or the floodplain administrator prior to any filling.

(B)

All uses, activities and development occurring within any floodplain district shall only be undertaken in strict compliance with the Virginia Uniform Statewide Building Code (VA USBC).

(C)

No wall, fence or other outdoor obstruction shall be constructed in any floodplain district unless such structure is approved by the director of the department of transportation and environmental services or the floodplain administrator; provided that open mesh wire fences of not less than No. 9 wire, with mesh openings of not less than six inches times six inches, whose supports shall be securely anchored in concrete and whose wire shall be securely fastened to the supports, may be erected without any review by or approval of the director of the department of transportation and environmental services or the floodplain administrator under this section 6-300.

(D)

The provisions of this section 6-300 shall not be construed to prevent the remodeling (not amounting to substantial improvement), maintenance or floodproofing of buildings and structures now existing, or prevent the surfacing or resurfacing of existing streets or parking lots within two inches of the existing grade.

(A)

All subdivision proposals shall be consistent with the need to minimize flood damage;

(B)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

(C)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

(D)

Include base flood elevation data. Where no base flood elevation data is determined, base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a Flood Insurance Study for subdivision proposals and other proposed development proposals that exceed fifty lots or five acres, whichever is lesser.

(A)

In zones A, AE, and AH, all trailer camps, manufactured homes, and mobile homes are not permitted in any floodplain district.

(B)

All recreational vehicles in the floodplain must be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions).

(C)

Installation of septic tank systems in any floodplain district is prohibited.

(A)

Existing structures. Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved unless one of the following exceptions is established before the change is made:

(1)

The director of the department of transportation and environmental services or the floodplain administrator has determined that:

(a)

Change is not a substantial repair or substantial improvement; and

(b)

No new square footage is being built in the floodplain that is not compliant; and

(c)

No new square footage is being built in the floodway; and

(d)

The change complies with this ordinance and the VA USBC.

(2)

The changes required to comply with a citation for a health or safety violation.

(3)

The structure is a historic structure and the change required would impair the historic nature of the structure.

(B)

Flood prevention projects. Nothing in sections 6-304 through section 6-309 shall be construed to prohibit the City of Alexandria or any person from undertaking lawful filling, draining, construction, realignment or relocation of stream channels or any other improvement that is intended to eliminate or reduce the danger of flooding, provided:

(1)

The improvement is in accord with the City of Alexandria's flood improvement plan for the floodplain district involved and the director of the department of transportation and environmental services or the floodplain administrator has issued a certificate to that effect;

(2)

The improvement is under the general supervision of the director of the department of transportation and environmental services or the floodplain administrator;

(3)

The realignment or relocation of any stream channel is designed and constructed so that there will be no reduction in the natural valley storage capacity of the area with respect to the 1-percent annual chance flood, unless such relocation or realignment is designed to contain the 1-percent annual chance flood within the banks of the channel;

(4)

Notification, in riverine situations, is provided to adjacent communities, Virginia Department of Conservation and Recreation, FEMA, and other required agencies prior to any alteration or relocation of a watercourse; and,

(5)

The requirements of section 6-307(G) and section 6-308(A) must be met.

(A)

Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after city council has determined that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) after the city council has determined that the granting of such variance will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.

(B)

The city council may, for good and sufficient cause, permit less than full compliance with or waive the provisions of sections 6-304 through 6-311, provided:

(1)

Written application is made stating the hardship which will occur if the variance is not granted;

(2)

A public hearing is held;

(3)

The decision is made by a majority vote of the entire membership of city council upon finding that the variance is the minimum necessary, considering the flood hazard, to afford relief;

(4)

The director of the department of transportation and environmental services or the floodplain administrator states in writing that the variance(s) will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense; and will not create nuisances, cause fraud or victimization of the public, or conflict with local laws and ordinances; and,

(5)

The director of the department of transportation and environmental services or the floodplain administrator notifies the applicant in writing that the issuance of a variance to construct a structure below the base flood elevation will result in increased insurance premium rates for flood insurance and that such construction will increase the risks to life and property.

(C)

While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by city council 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, in conformance with the provisions of this section.

(D)

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and 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)

In passing upon applications for variances, the director of the department of transportation and environmental services or the floodplain administrator shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors:

(1)

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase in the one percent chance flood elevation;

(2)

The danger that materials may be swept onto other lands or downstream to the injury of others;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

The requirements of the facility for a waterfront location;

(6)

The availability of alternative locations not subject to flooding for the proposed use;

(7)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;

(9)

The safety of access by ordinary and emergency vehicles to the property in time of flood;

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site;

(11)

Variances will not be issued for any accessory structure within the SFHA (Note: See section 6-307(D)(l)).

(12)

Such other factors which are relevant to the purposes of this ordinance.

(F)

The director of the department of transportation and environmental services or the floodplain administrator may refer any application and accompanying documentation pertaining to any request for a variance 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.

(G)

Variances shall be issued only after city council has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.

(H)

Variances shall be issued only after city council has determined that the variance will be the minimum required to provide relief.

(I)

The director of the department of transportation and environmental services or the floodplain administrator shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the one percent chance flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance.

(J)

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report required to be submitted to the Federal Insurance Administrator.

(A)

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 this section 6-300 and any other applicable ordinances and regulations which apply to uses within the jurisdiction of these floodplain district regulations.

(B)

The degree of flood protection sought by the provisions of this ordinance section 6-300 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. Therefore, this section 6-300 does not imply that areas outside the floodplain districts, or land uses permitted within such districts, will be free from flooding and flood damages. Additionally, the granting of a permit or approval of a development in an identified floodplain district shall not constitute a representation, guarantee, or warranty of any kind by any official or employee of the City of Alexandria of the practicability or safety of the proposed use, and shall create no liability upon the City of Alexandria, its officials or employees.

(C)

This ordinance shall not create liability on the part of the City of Alexandria of the practicability or safety of the proposed use, and shall create no liability upon the City of Alexandria or any officer or employee thereof for any flood damages that result from reliance on this ordinance, or any administrative decision lawfully made thereunder.

(D)

If any section, subsection, paragraph, sentence, clause, or phrase of this section 6-300 shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this section 6-300. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this section 6-300 are hereby declared to be severable.

(E)

Penalty for violations. Any person who fails to comply with any of the requirements or provisions of this article or directions of the director of the planning and zoning department or any authorized employee of the City of Alexandria shall be guilty of the appropriate violation and subject to the penalties thereof.

The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Any person who shall engage in new construction, substantial improvement or development without a building permit as required by VA USBC and these floodplain management regulations shall be subject to the violations and associated penalties of the Zoning Ordinance of the City of Alexandria are addressed in Section 11-200 of the Zoning Ordinance.

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this article may be declared by the City of Alexandria to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this ordinance.

To the extent that the provisions are more restrictive, this ordinance supersedes any ordinance currently in effect in floodplain districts. To the extent that any other existing law or regulation is more restrictive or does not conflict it shall remain in full force and effect.

Any person aggrieved by a decision of the director of the department of transportation and environmental services or the floodplain administrator under this section 6-300 may appeal that decision to city council; provided, that the appeal shall be filed in writing with the city clerk within 15 days of the decision being appealed and shall describe the decision being appealed and the reasons why the person believes the decision to be invalid.

These regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.

Records of actions associated with administering this ordinance shall be kept on file and maintained by or under the direction of the director of the department of transportation and environmental services or the floodplain administrator in perpetuity.

It shall be the city manager's duty to submit any reports to FEMA and the floodplain coordinator at the Virginia Department of Conservation and Recreation that may be required regarding the City of Alexandria's compliance with floodplain management regulations.

(Ord. No. 4354, § 1, 6-12-04; Ord. No. 4715, § 1, 4-16-11; Ord. No. 5515, § 6, 12-16-23; Ord. No. 5516, § 1, 12-16-23)

The city is hereby divided into six height districts, as follows: No. 1-Old and Historic Alexandria Height District, No. 2-Parker-Gray Height District, No. 3-Potomac River Vicinity Height District, No. 4-Old Town North Height District, No. 5-King Street Metro Station Height District and No. 6-that portion of the city not included within the boundaries of the foregoing named height districts. The boundaries of each height district shall be those shown on the Height District Maps adopted as part of the zoning map.

The maximum heights of buildings and structures shall be as specified for each zone, except that no building or structure shall be erected to a height in excess of the height shown on the applicable Height District Map. If the regulations of a particular zone allow an increase in height to be authorized by special use permit, the maximum height authorized under such a special use permit shall not exceed the height shown on the applicable height district map. The regulations and exceptions set forth in section 6-403 are applicable in each height district, and are to be read in conjunction with the height limitations contained in the various zones. In all cases, the lowest applicable height limitation shall prevail.

(A)

Relationship of height to setback. In all height districts, the allowable height of a building at any point shall not exceed twice the distance from the face of the building at that point to the centerline of the street facing such building.

(B)

Rooftop appurtenances. Chimneys, towers, tanks, machinery, equipment, stairs, elevators, roof decks and guards, solar energy systems, penthouses or other mechanical appurtenances to a main building may be erected as a part of the main building to their required heights, regardless of any other height provisions or restrictions of this ordinance, provided that the following requirements are met.

(1)

All rooftop appurtenances, with the exception of solar energy systems, shall be concealed by or constructed of exterior architectural materials or features of the same type of quality used on the exterior walls of the main building in question.

(2)

For buildings located within the Old and Historic Alexandria District or the Parker Gray District, or for buildings outside such districts designated pursuant to section 10-300, the board of architectural review may, after public hearing, waive or modify the screening requirement of subsection (B)(1) of this section, if the board finds such requirement to be architecturally inappropriate. The board of architectural review may delegate the waiver authority in the Parker-Gray District under this subsection (3), making it an administrative determination pursuant to the requirements of section 10-203 of this ordinance.

(3)

Penthouses. The following limitations apply to penthouses:

(a)

A maximum of three penthouses are permitted unless the number is increased by a special use permit;

(b)

The penthouses shall not exceed 15 feet unless the height is increased by a special use permit;

(c)

The penthouses must be limited in size to the minimum space necessary for stairs, elevators, required elevator vestibules not exceeding 64 square feet per elevator, necessary mechanical equipment, or similar appurtenances; and

(d)

No equipment may be placed above the roof of the penthouse to increase its height if such equipment could be located on the roof of the building itself.

(4)

Roof decks and guards. Roof decking and required guards, not to exceed six feet above the roofline or the minimum height required by the Virginia Uniform Statewide Building Code (USBC), whichever is higher. Such structures shall be constructed with material that is transparent or compatible with the design of the building and must comply with all setbacks otherwise required by this ordinance.

(C)

Church steeples. No church building shall exceed the height for each zone, as limited by the Height District Maps, except that a church steeple may be erected to a height of 90 feet, or to a height in excess of 90 feet but not in excess of 150 feet with a special use permit. For purposes of this section 6-403(C), steeple shall mean a decorative or symbolic architectural component including a tower, spire, belfry or similar component extending above the ridge line of the building roof, or the highest point of the roof of the building.

(D)

Reception or transmission structures. All radio and television reception or transmission structures may be erected only in compliance with section 7-1205 through section 7-1212.

(E)

Noncomplying buildings and structures. Any building or structure lawfully in existence on June 24, 1992 which does not comply with the provisions of this section 6-400, shall be categorized as a noncomplying structure subject to section 12-100; provided, however, that any building or structure in existence on June 24, 1992 and immediately prior to such date categorized as an illegal building or structure because of height, shall continue to be so categorized.

(F)

Lighting for congregate recreational facilities and dog parks.

(1)

Subject to the limitations in subsection (2) below, poles for lighting the following uses may be constructed to a height which otherwise exceeds that permitted by the zone with a special use permit:

(a)

Congregate recreational facilities; and

(b)

Dog parks.

(2)

The following limitations apply:

(a)

Poles include luminaire assemblies;

(b)

Reserved;

(c)

The applicant shall demonstrate that the increased pole height will mitigate the impact of lighting in terms of spillage and glare;

(d)

Poles shall be setback a minimum of 35 feet from any right-of-way or residential property line; and

(e)

Poles may be located in any zone.

(A)

Height limits. The maximum height of any building or structure shall not exceed 30 feet above the average finished grade at the building or structure except buildings may be erected in excess of the above-mentioned height limit to a maximum of 50 feet above the average finished grade at the building, subject to the issuance of a special use permit pursuant to section 11-500 and section 6-404(B) and further subject to the issuance of a certificate of appropriateness pursuant to section 10-103 and section 6-404(C).

(B)

Additional requirements for special use permit.

(1)

In addition to submitting the information required pursuant to section 11-503(A), the applicant for a special use permit hereunder shall submit for approval as part of the special use permit application a conceptual development plan. Such conceptual development plan shall include:

(a)

The information required for preliminary site plans by sections 11-406(C), (D) and (E) of this ordinance, excluding section 11-406(C)(9).

(b)

Preliminary architectural renderings sufficient fairly to depict each facade of any proposed building or buildings.

(c)

Such additional information as the director may require, or the applicant may desire to submit, in order to facilitate review of the application for a special use permit hereunder.

(2)

Any special use permit granted hereunder shall run with the land and shall be binding upon the applicant, the owner, the occupants and their heirs, successors and assigns and all development on the subject parcel or parcels shall be in conformity with the conceptual development plan approved in connection with such special use permit.

(3)

In addition to the provisions of section 11-504, the following standards and guidelines, to the extent relevant in each individual case, shall apply in considering an application for a special use permit for additional building height:

(a)

The degree to which imaginative and creative architectural solutions advance recreational access to and enjoyment of the historic waterfront from public streets and other public areas. Buildings should be in harmony with existing buildings of genuine architectural merit, to be found in the historic district.

(b)

The degree to which the basic 30 feet height is maintained at the street faces and the waterfront face of the proposed building or buildings. To provide a transition, building heights over this basic height level should be set back from the street faces and waterfront faces.

(c)

The degree to which the height, mass and bulk of the proposed construction are compatible with and reflect the traditional height, mass, and bulk of buildings and structures displayed within the streetscapes of the historic district.

(d)

The degree to which imaginative and creative architectural solutions enhance views and vistas from public streets and other public-access areas along the historic waterfront. The waterfront faces of the buildings, in particular, should be designed and integrated so as to enhance pedestrian enjoyment of the waterfront, and the quality and character of the historic waterfront, as a totality, when viewed from passing vessels.

(e)

The degree to which the use or uses of the proposed building or buildings are compatible with historical waterfront-related uses in the City of Alexandria.

(C)

Additional Requirements for Certificate of Appropriateness. See special requirements of section 10-105(A)(4).

(A)

Height limits. The maximum height of any building or structure shall not exceed 77 feet above the average finished grade at the building.

(B)

Exception. The maximum height may be increased by up to five feet in those buildings in which at least 30 feet of depth facing public streets is designed to accommodate predominantly retail uses. For buildings that front on more than one public street, retail shall be provided on the more prominent street frontage, as determined by the director. If, after making a good faith effort as determined using guidelines issued by the director, the building owner is unable to lease or sell that space for retail use, the director may authorize that space to be leased for nonretail use for a period not to exceed ten years, after which time subsequent leases may be authorized on the same conditions. For the purpose of this section 6-405(B), retail uses shall include retail shopping establishments, restaurants, banks, financial investment and consulting offices, travel agencies, realty offices, personal service uses, educational uses, and any other commercial activity that involves a high degree of pedestrian activity, as determined by the director.

(Ord. No. 3689, § 1, 12-11-93; Ord. No. 3811, § 1, 6-27-95; Ord. No. 3923, § 5, 4-12-97; Ord. No. 4832, § 2, 10-19-13; Ord. No. 5092, § 1, 11-18-17; Ord. No. 5171, § 3, 11-17-18; Ord. No. 5189, § 1, 12-15-18; Ord. No. 5206, § 18, 3-16-19; Ord. No. 5271, § 1, 3-14-20; Ord. No. 5374, § 14, 10-16-21; Ord. No. 5593, § 4, 6-14-25)

The urban overlay district is intended to supplement traditional zoning in the Old Town North area by imposing additional regulations designed to achieve a desirable, active urban environment which includes a substantial residential component.

The urban overlay district shall apply to all land within the boundaries of the Old Town North Small Area Plan.

A retail focus area (RFA) is a location at which retail and personal service uses are viewed as vital to the neighborhood. The locations designated as retail focus areas on the zoning maps are subject to the following requirements and regulations.

(A)

Retail uses required. One-twelfth of the area of each lot in a retail focus area, multiplied by the allowable floor area ratio for the site, shall be devoted to retail focus uses. The following uses, subject to the permitted and special use regulations of the underlying zone, qualify as retail focus uses:

Retail shopping establishment;

Personal service establishment (excluding contractor's office);

Private school, commercial;

Health and athletic club or fitness studio;

Social service use;

Recreation and entertainment use;

Restaurant;

Hotel or multifamily lobby where use otherwise allowed (requires a special use permit).

(B)

Location and access to retail focus uses. Required retail uses shall be located at ground level and shall provide street front, sidewalk access and entrances.

(C)

Conversion of retail focus space. Retail focus space that remains vacant for a period of two years from the date a base building certificate of occupancy for such space is issued, despite demonstrable good faith efforts to lease or sell such space for such use, may thereafter be converted and occupied by any other use permitted in the underlying zone. Prior to the conversion of such space to another use, the owner shall apply for written permission therefor to the director who shall verify the length of vacancy and the good faith efforts of the owner to lease or sell the space for retail focus uses. The above allowed conversion shall not apply if an increase has been allowed pursuant to section 6-503(D).

(D)

Floor area ratio increase. The floor area otherwise allowable on a site that contains a retail focus area may be increased by an amount equal to the amount of floor area required for retail focus uses, not to exceed an increase of .25 floor area ratio or a total of 2.5 floor area ratio on any site.

Where the underlying zone allows an increased floor area ratio with approval of a special use permit, an additional criteria for the special use permit will be the provision of underground or embedded parking in compliance with the following rules.

(A)

Underground or embedded parking required. Not less than 90 percent of all parking shall be:

(1)

In a parking structure which is below average finished grade, but which structure may include an above ground portion provided that no above ground portion (a) exceeds more than one half of the linear footage of the building along any blockface and is separated from the public sidewalk by usable space and/or by appropriate architectural treatment; or (b) extends more than three feet above sidewalk grade at any location; or

(2)

In an above ground parking structure separated from the public sidewalk by usable space and by appropriate architectural treatment; or

(3)

In a parking structure above average finished grade, provided that (a) such structure is located on a site totaling less than one third of the city block on which it is located; (b) such structure is screened from public view along the sidewalk frontage by usable space and/or appropriate architectural treatment and/or substantial plantings or other suitable screening; and (c) a special use permit for the structure is approved; or

(4)

Any combination of sections 6-504(A)(1) and 6-504(A)(2) above.

For the purposes of this section 6-504, usable space is defined as any space used for a permitted or approved special use or an accessory, subordinate use to a permitted or approved special use, such as, without limitation, a display window.

(B)

Limited surface parking permitted. The remaining ten percent of all parking may be surface parking. To the fullest practicable extent, such surface parking shall be well-screened from public view along the street frontage. Surface parking arrangements which include parking that is in public view along the street frontage will only be permitted where no other alternative, including reconfiguration of buildings, is feasible. Surface parking in a well-screened inner-courtyard arrangement or off an alley is the preferred design alternative.

(C)

Modifications. A minor modification of any of the requirements set forth in this section 6-504 may be granted as part of the special use permit approval process where necessary and desirable to achieve development otherwise in the best interests of the neighborhood and in furtherance of the goals of the Old Town North Small Area Plan.

(D)

Ingress and egress. Ingress and egress openings to such underground or embedded parking shall be reviewed in the site plan or special use permit process for appropriate features, including size, location, design and signage.

(E)

Exemption. Underground or embedded parking shall not be required for residential townhouse development, for single or two-unit dwellings, or on any lot of record on June 24, 1992 which is less than 10,000 square feet in size.

(A)

Committee established. There is hereby established an urban design advisory committee to assist the city in reviewing applications for development approval.

(B)

Authority. The urban design advisory committee is authorized to review applications to the city for site plan approval and special use permits for compliance with the urban design guidelines for Old Town North when such guidelines are adopted by city council.

(C)

Membership. The urban design advisory committee shall consist of five members to be appointed by city council for staggered terms of no more than two years each. The committee's members shall include two representatives of the business community of Old Town North, two residents representing the residential community of Old Town North, and one qualified professional skilled in urban design, architecture or landscape architecture.

(D)

Procedures. The director and the director of transportation and environmental services shall coordinate the review of each application for site plan review or a special use permit by the urban design advisory committee with its own review of each such application. Such coordination shall include notifying the committee when a pre-application conference is scheduled or requested under this ordinance, including under section 11-407. Staff shall include the committee's comments and suggestions as part of the staff report on each application for consideration by the approving agency. Each applicant for site plan approval or a special use permit will be encouraged to discuss its proposal with the urban design advisory committee, including prior to the time an application is filed.

(Ord. No. 5035, § 1, 6-28-16; Ord. No. 5303, § 5, 10-17-20; Ord. No. 5515, § 6, 12-16-23)

The Mount Vernon Avenue Urban Overlay Zone is intended to supplement traditional zoning for certain properties on Mount Vernon Avenue in order to achieve a mixed use, pedestrian oriented community that both supports economic activity and protects existing residential neighborhoods, and to provide for appropriately scaled infill development that is compatible with the character of Mount Vernon Avenue, the existing community and the Town of Potomac historic district. The provisions of this overlay zone therefore:

(A)

Encourage certain uses, especially those ground floor uses that promote an active retail street;

(B)

Provide more flexibility for some uses, by allowing administrative approvals subject to standards instead of a special use permit;

(C)

Promote signage that creates a more attractive streetscape in keeping with the character of the street;

(D)

Encourage the retention of contributing structures within the Town of Potomac historic district; and

(E)

Encourage compatible development of infill and vacant sites by allowing the use of form based development in lieu of the traditional CL zoning approach, subject to standards and the principles of the Mount Vernon Avenue Business Area Plan.

(A)

Overlay zone. The Mount Vernon Avenue urban overlay zone shall apply to all property with frontage on Mount Vernon Avenue between Nelson Avenue on the south and Commonwealth Avenue on the north, and shown in more detail on the "Mount Vernon Urban Overlay Zone Map, dated _______ (date of adoption)."

(B)

Retail focus area. Within the Mount Vernon Avenue Urban Overlay Zone, a portion of the area is designated as a retail focus area, and is the subject of specific additional regulations. The retail focus area is generally consistent with the Town of Potomac historic district boundaries on Mount Vernon Avenue, and extends from Bellefonte Avenue on the south to Uhler Avenue on the north. The retail focus area is shown in more detail on the map titled, "Mount Vernon Avenue Urban Overlay Zone Map, dated _______ (date of adoption)."

(C)

The overlay zone requirements including the retail focus area provisions, parking provisions, sign provisions, form based development provisions, and administrative uses shall apply in addition to the requirements of the underlying CL zone. In the case of a conflict, the overlay zone shall prevail.

(A)

Permitted and special use restrictions. The following uses, otherwise allowed either as permitted or special uses in the CL zone, are not permitted in the overlay zone area:

(1)

Seminary, convent or monastery;

(2)

Medical laboratory;

(3)

Public school;

(4)

Funeral home;

(5)

Reserved;

(6)

Check cashing business;

(7)

Payday loan business;

(8)

Pawnshop;

(9)

Motor vehicle parking or storage, except that a public parking lot is allowed with a special use permit;

(10)

Title loan business.

(B)

Reserved.

(C)

Retail and neighborhood focus uses. Within the retail focus area, uses occupying first floor space of a building shall be limited to the following:

(1)

Retail shopping establishment.

(2)

Restaurant.

(3)

Recreation and entertainment use, indoor.

(4)

Personal service establishment, provided that the use shall occupy no more than 30 feet frontage on Mount Vernon Avenue, and provided further that additional frontage space may be permitted with a special use permit.

(5)

Arts and crafts studios, which are facilities where arts and crafts products are created on site. If at least 50 percent of the frontage of the space on Mount Vernon Avenue is devoted to retail display and sales, then the use is not considered a personal service establishment.

(6)

Office or residential uses, in an existing building with a first floor located at least 40 inches above the grade of the sidewalk.

(7)

Private school, commercial, with no more than 30 feet frontage on Mount Vernon Avenue, and provided further that additional frontage space may be permitted with a special use permit.

(8)

Day care center, provided that the use shall occupy no more than 30 feet frontage on Mount Vernon Avenue, and provided further that additional frontage space may be permitted with a special use permit.

(D)

Administrative special uses. Notwithstanding any contrary provisions of the zoning ordinance, the following uses may be allowed by the director by administrative review and approval pursuant to the standards and procedures of section 11-513.

(1)

Restaurants;

(2)

Outdoor dining on private property;

(3)

Live theater;

(4)

Outdoor markets;

(5)

Neighborhood outdoor garden center, limited to a maximum size of 10,000 square feet;

(6)

Reserved;

(7)

Reserved;

(8)

Valet parking.

(E)

Auxiliary dwellings. Up to eight auxiliary dwelling units are permitted and shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone. Such dwellings shall comply with section 8-200(A)(16) for parking and where parking is required spaces may be compact size or tandem. Auxiliary dwellings are allowed behind a first floor commercial use, if the depth of the building is more than 50 feet measured from the front building wall and the building is setback no further than 30 feet from front property line.

(F)

Noncomplying uses. Notwithstanding the language of section 12-301 regarding the definition of noncomplying uses, any use within the urban overlay zone that is legally existing on _______ (date of ordinance adoption) and inconsistent with these provisions shall be deemed a noncomplying use and allowed to continue subject to the rules for noncomplying uses in section 12-302 of this ordinance.

The provisions of article VIII of this ordinance shall apply within the overlay zone the following additions and modifications:

(A)

The requirements of sections 8-200(F)(1) and (2) regarding provision of parking as a result of a change of use, a significant enlargement or a significant alternation shall not apply if the use after the change, enlargement or alteration is a retail establishment.

(B)

Reserved.

(C)

Outdoor food and crafts markets shall have no parking requirement, and may, like other permitted temporary uses approved by the director, occupy areas with required parking spaces for their limited duration.

(D)

For form based development pursuant to section 6-606, parking additions or modifications are provided in that section.

The following system for new development within the overlay zone has been designed to supplement and substitute for the conventional zoning rules found in the CL zone in order to assure that new buildings and additions to existing buildings include the most desirable characteristics of Mount Vernon Avenue and are compatible with existing buildings in the area. Form based development provides an option for developers and property owners who choose to build pursuant to the following standards instead of the rules for development under the CL zone.

(A)

Waiver of CL zone rules. The area and bulk requirements of the CL zone shall not apply for development for which a form based development SUP is approved.

(B)

Eligible construction. Any new construction or addition to an existing building that exceeds 1,000 square feet may apply for a form based development special use permit.

(C)

SUP procedure. An application for form based development SUP shall follow the procedures and application requirements for special use permits pursuant to section 11-500.

(D)

Eligible land parcels. The land that is the subject of an application for form based development SUP shall be a lot within the overlay zone that has frontage on Mount Vernon Avenue and that conforms to the following:

(1)

Historic buildings. Each building listed as a contributing building in the records of the National Register of Historic Places for the Town of Potomac Historic District and over 750 square feet in size shall be retained.

(2)

Consolidation of lots.

(a)

Consolidation of lots for the purpose of development is permitted only in extraordinary circumstances because the form based development standards are based on the size of typical, existing lots and reflect the historic development pattern.

(b)

An applicant for form based development who proposes the consolidation of lots for development shall demonstrate by clear and convincing justification that the resulting development achieves a design, mass, scale and configuration which are more consistent with the form based development standards than would be possible without consolidation.

(c)

An applicant for form based development who proposes to consolidate a CL-zoned lot without frontage with a lot with frontage on Mount Vernon Avenue shall demonstrate by clear and convincing justification that the resulting development achieves a design consistent with and meets the goals of the form based development standards to a greater extent than would occur without consolidation and that the impact on adjoining residential development is no greater than would occur without consolidation.

(E)

Standards and requirements for form based development. An application for form based development SUP shall be reviewed for consistency and compliance with the following:

(1)

The standards for SUP approval in section 11-500.

(2)

Chapter 6 of the Mount Vernon Avenue Business Plan, as adopted as part of the Potomac West Small Area Plan, which includes the city's goals for the urban design and streetscape elements for buildings on Mount Vernon Avenue, and enumerates both general and specific elements for applicants to follow related to, without limitation, building height, setbacks, coverage, buffering, access and parking locations, facade treatment and articulation, scale and massing, and architecture.

(3)

The following specific rules regarding open space and parking based on the size and scope of development:

(a)

Tier 1: Lots of 7,000 square feet or less.

(1)

Open space. The undeveloped land resulting from the building coverage in chapter 6 of the Mt. Vernon Avenue Business Area Plan should be located, designed and planted so as to serve as an amenity for residents and users of the building.

(2)

Parking. The parking requirements of section 8-200(a) shall not apply for land locked interior lots. For corner lots and lots with rear access the provisions of article VIII shall apply.

(b)

Tier 2: Lots of 7,001—15,000 square feet.

(1)

Open space. A minimum of 15 percent of the lot area shall be provided in open and usable ground level open space. The provision of additional open space at ground level and in the form of roof tops, terraces or similar non-ground level open space is strongly encouraged.

(2)

Parking. For residential uses, a minimum of one space for each dwelling unit is required. For office, restaurant, or specific commercial uses, the provisions of article VIII shall apply. For any other use, a minimum of 50 percent of the number of parking spaces otherwise required under section 8-200 of this ordinance shall be provided, plus such additional number as is feasible consistent with achieving the goals of chapter 6 of the Mount Vernon Avenue Business Area Plan.

(c)

Tier 3: Lots of greater than 15,000 square feet:

(1)

Open space. A minimum of 25 percent of the lot area shall be provided in open and useable ground level open space that is publicly visible and consolidated in a size and location appropriate for the size and type of project being proposed. The provision of additional open space at ground level and in the form of roof tops, terraces or similar non-ground level open space is strongly encouraged and may be required.

(2)

Parking. The parking requirements of section 8-200 are not waived. Parking sufficient to meet the full requirement of the project shall be provided.

(3)

Additional requirements. Tier 3 projects are expected to represent the highest standards of building design and materials, site layout and orientation, provision of open space, and the ability to be integrated into the scale, character and context of the existing neighborhood. To achieve this standard, additional requirements suitable for the size, scope and type of project may be imposed consistent with chapter 6 of the Mount Vernon Avenue Business Area Plan.

(F)

Degree of compliance. An application for form based development shall meet or exceed each of the above standards and guidelines fully, specifically and rigorously. Any failure to meet the above standards will result in the denial of an application unless a deviation is approved as provided herein. Deviation from any of the standards of section 6-606(E) shall be explained in narrative as well as graphic form and supported by design and rationale demonstrating that the proposal achieves the goals of the Mount Vernon Avenue Business Area Plan to the same extent as strict compliance with the standard and/or guideline from which deviation is requested. Each such deviation shall be specifically approved by city council as part of the form based development SUP. Any request for a deviation shall be clearly identified in the notice provision under section 11-300.

(Ord. No. 4399, § 5, 5-14-05; Ord. No. 4573, § 1, 12-13-08; Ord. No. 4677, § 5, 6-22-10; Ord. No. 4712, § 3, 3-12-11; Ord. No. 5035, § 1, 6-28-16; Ord. No. 5113, § 2, 2-24-18; Ord. No. 5155, § 56, 6-26-18; Ord. No. 5284, § 1, 6-20-20; Ord. No. 5303, § 5, 10-17-20; Ord. No. 5383, § 23, 11-13-21; Ord. No. 5490, § 5, 5-13-23; Ord. No. 5515, § 6, 12-16-23; Ord. No. 5529, § 5, 4-13-24; Ord. No. 5552, § 3, 7-2-24; Ord. No. 5579, § 3, 4-26-25)

The King Street urban retail zone is intended to create strategic and flexible zoning for properties abutting King Street in Old Town in order to enhance the long term vitality of the street. The provisions of this zone therefore:

(A)

Encourage retail and other active uses and discourage office and other non-active uses on the ground floor of buildings; and encourage full use of upper floors of buildings to provide continued activity and patrons for retail uses;

(B)

Assure a balance of uses on the street by eliminating disincentives for residential uses, such as traditional yard and setback requirements, and lowering parking requirements and modifying FAR regulations so they are consistent for residential and commercial development;

(C)

Allow more flexibility for some uses, by allowing administrative approvals subject to standards instead of by a special use permit; and

(D)

Refine existing requirements for new development to ensure the construction of buildings that are compatible with surrounding ones and to require that the ground floor of new buildings is constructed so as to accommodate retail uses.

Uses in the King Street urban retail zone are divided into two categories, depending on their location, in order to protect and enhance opportunities for existing and future retail uses. The two use categories, which are each further divided into permitted and special uses, are defined as followed:

Ground floor uses: Retail and other active uses are emphasized in the ground floor uses category. The ground floor uses category applies to uses to be located in the space within the first 50 feet of a building, measured from the front building wall, and in a building that is set back no further than 30 feet from a front property and with a first floor of the building within four feet above the sidewalk grade.

Upper floor uses: The second category of uses is all space that is not located within the ground floor of a building, as that is defined above. Upper floor uses may be located on floors above the ground floor, in the space on the ground floor beyond the 50 feet threshold for ground floor uses, and in buildings not considered retail appropriate because they are elevated above grade or set back an excessive distance from the street as expressed above.

(A)

Ground floor uses.

(1)

Permitted uses:

(a)

Building lobby, with a frontage of less than 30 feet along King Street;

(a.1)

Day care center with frontage of less than 30 feet along King Street;

(b)

City sponsored farmers' market;

(c)

Personal service establishment, with a frontage of less than 30 feet along King Street;

(d)

Private school, commercial, with a frontage of less than 30 feet along King Street;

(d.1)

Recreation and entertainment use, indoor, with frontage of less than 30 feet along King Street;

(e)

Retail shopping establishment, 10,000 square feet or less in size;

(f)

Utilities, as permitted by section 7-1200;

(g)

Accessory uses;

(h)

Health and athletic club or fitness studio with frontage of less than 30 feet along King Street;

(i)

Auxiliary dwelling, not to exceed eight units.

(2)

Special uses:

(a)

Any use with live entertainment;

(b)

Church;

(c)

Co-living, greater than two co-living dwellings other than pursuant to section 6-702(B)(2);

(d)

Reserved;

(e)

Day care center extending for more than 30 feet along King Street;

(e.1)

Food and beverage production, exceeding 5,000 square feet, which includes a retail component;

(f)

Hotel;

(f.1)

Motor vehicle parking and storage, including as an accessory use to accommodate required parking, in a structure that is visually screened with active uses for at least 25 feet, measured from the property line on King Street.

(g)

Outdoor market, other than pursuant to section 6-702(C);

(h)

Outdoor dining on private property, other than pursuant to section 6-702(C);

(i)

Personal service establishment or building or hotel lobby, extending for more than 30 feet along King Street;

(i.1)

Private school, commercial, extending for more than 30 feet along King Street;

(j)

Public building;

(k)

Recreation and entertainment use, outdoor;

(l)

Retail shopping establishment, over 10,000 square feet in size.

(B)

Upper floor uses.

(1)

Permitted uses:

(a)

Any use permitted as a ground floor use under section 6-702(A)(1);

(b)

Multi-unit dwelling units or up to eight auxiliary dwelling units;

(c)

Business and professional office;

(c.1)

Day care center;

(d)

Health profession office;

(e)

Medical laboratory;

(f)

Personal service establishment;

(f.1)

Private school, commercial;

(g)

Radio or television broadcasting office and studio;

(h)

Social service use.

(2)

Special uses:

(a)

Any use allowed as a ground floor special use under section 6-702(A)(2);

(b)

Reserved;

(c)

Catering operation;

(d)

Congregate housing;

(e)

Outdoor dining on private property, other than pursuant to section 6-702(C);

(f)

Continuum of care facility;

(g)

Fraternal or private club;

(h)

Medical care facility;

(i)

Motor vehicle parking or storage;

(j)

Newspaper office, including printing and publishing facilities;

(k)

Private school, academic, with more than 20 students on the premises at one time;

(l)

Reserved;

(m)

Wholesale business.

(C)

Administrative special uses. Notwithstanding any contrary provisions of this ordinance, the following uses may be allowed by the director by administrative review and approval pursuant to the standards and procedures of section 11-513 of this ordinance:

(1)

Co-living dwelling, not to exceed two units, on upper floors only;

(2)

Outdoor market;

(2.1)

Outdoor dining on private property;

(3)

Restaurant;

(4)

Valet parking.

(D)

Noncomplying and nonconforming uses.

(1)

Noncomplying uses. Notwithstanding the language of section 12-301 regarding the definition of noncomplying uses, any use within the King Street urban retail zone that is legally existing on 6/21/05 (date of ordinance adoption) and inconsistent with the use provisions of this section 6-702, except for those uses listed under section 6-702(D)(2), shall be deemed a noncomplying use and allowed to continue subject to the rules for noncomplying uses in section 12-302 of this ordinance.

(2)

Nonconforming uses. Any property which displays automobiles or other vehicles for the purpose of selling them as a business shall be deemed a nonconforming use and required to abate pursuant to section 12-214.

Notwithstanding any contrary provisions of this ordinance, for residential uses, other than multi-unit dwellings, a minimum of one parking space is required for each dwelling unit.

A maximum of eight auxiliary dwelling units shall be permitted. Such dwellings shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone, although open space, in the form of balconies, courtyards and rooftop terraces, is strongly encouraged where feasible. Each such dwelling shall provide a minimum of one parking space for each dwelling unit, and the parking spaces may be compact size or tandem and parking may be located either on the site or within 500 feet of it.

(A)

Frontage, lot and yard requirements. There shall be no frontage, lot or yard requirements, except for the supplemental yard and setback provisions of section 7-1000.

(B)

Open space. For residential uses, open space shall be provided in an amount equivalent to a minimum of 150 square feet per dwelling unit. The open space shall be composed of ground level space, and may also include space on balconies, terraces and rooftops. The ground level open space shall be a qualitatively significant component of the total open space. Open space shall be easily accessible and shall be proximate to dwellings.

(C)

Floor area ratio.

(1)

For properties east of South Peyton Street on the south side and east of Harvard Street on the north side of King Street, the following FAR limits apply:

(a)

Nonresidential. For nonresidential uses, the FAR shall not exceed 1.5, except that up to an FAR of 2.5 may be approved with an SUP.

(b)

Residential. For residential uses, the FAR shall not exceed 1.25, except that an FAR of up to 2.5 may be approved with an SUP.

(c)

Continuum of care facility.

(1)

The maximum permitted floor area ratio is 1.25 and a maximum of 50 percent of the floor space of the proposed development may be residential use. If a special use permit is approved, a maximum of 70 percent of the floor space of the proposed development may be residential use.

(2)

For continuum of care facilities located with 1,000 feet of a metrorail station the maximum permitted floor area ratio is 2.0 and a maximum of 50 percent of the floor space of the proposed development may be residential use. Except that, if a special use permit is approved, the maximum floor area ratio may be increased to an amount not to exceed 3.0 and a maximum of 70 percent of the floor space of the proposed development may be residential use.

(d)

Public buildings. The maximum permitted floor area ratio for a public building constructed prior to January 24, 1998, is 2.5.

(2)

For properties west of South Peyton Street on the south side and west of Harvard Street on the north side of King Street, the following FAR limits apply:

(a)

Nonresidential. For nonresidential uses, the FAR shall not exceed 2.0, except:

(1)

An FAR of up to 3.0 may be approved with an SUP.

(2)

The maximum permitted floor area ratio is 3.0 for a lot of record existing on June 24, 1992, that contains less than 15,000 square feet all or a portion of which is within 1,000 feet of the King Street Metro Station; provided however that this paragraph shall not apply to lots abutting King Street, nor to lots west of Daingerfield Road.

(b)

Residential.

(1)

For residential uses other than those specified by section 6-705(C)(2)(b)(2) below, the maximum permitted FAR is 1.25.

(2)

For residential uses located within 1,000 feet of a metrorail station the FAR shall not exceed 2.0, except that an FAR of up to 3.0 may be approved with a special use permit.

(c)

Transition special use permit. For land within the boundaries of a project approved by a transition special use permit which was valid as of November 1, 1994 and is located within 1,000 square feet of a metrorail station, the maximum permitted floor area ratio is 3.0, without regard to lot lines, with a special use permit.

(D)

Height.

(1)

For properties east of South Peyton Street on the south side and east of Harvard Street on the north side of King Street, the maximum permitted height of a building is 50 feet. For a public building constructed prior to January 24, 1998, the maximum permitted height is 75 feet.

(2)

For properties west of South Peyton Street on the south side and west of Harvard Street on the north side of King Street, the maximum permitted height shall be consistent with the requirements of the King Street Metro Station Height district, section 6-405.

(E)

Building form. New development for which a site plan is required shall comply with the following requirements.

(1)

Rear stepback. The building shall be contained within a building envelope described by a 1.5 (run) to 1.0 (rise) sloping plane beginning at a point five feet above grade at the common rear property line, when the property abuts residential use.

(2)

Ground floor retail space. In order to accommodate quality retail space, the ground floor of the building shall:

(a)

Be built to a floor to floor height of no less than 14 feet; and

(b)

Provide storefront or show windows along a minimum of 75 percent of the King Street frontage, except where preservation of an historic building would preclude meeting this criterion as determined by the BAR.

(F)

King Street retail strategy.

(1)

A special use permit for increased floor area ratio or height under this section 6-705 shall be reviewed, in addition to other pertinent issues, for compliance with the King Street retail strategy, as adopted as part of the master plan.

(2)

The Storefront Guidelines of the King Street retail strategy shall be applied by the board of architectural review in considering exterior alterations on King Street, to the extent not inconsistent with BAR guidelines for redevelopment of building facades.

Editor's Note—Ord. No. 4573, § 1, adopted Dec. 13, 2008, repealed section 6-706, standards and procedures for administrative approvals, in its entirety.

(A)

All operations, including storage, shall be conducted within a completely enclosed building with the exception of outdoor uses pursuant to this section 6-700 and City Code section 5-2-29, as applicable.

(B)

Appliance sales, repair and rental shall be limited to small appliances only, such as televisions, radios, lawnmowers, kitchen counter and small electronic appliances and like items which do not exceed one horsepower in size.

(C)

No use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas fumes, noise, vibration or glare.

(D)

The property owner and occupant shall maintain all building and property appurtenances located within or over the public right-of-way in a safe, clean and attractive fashion, as reasonably determined by the director.

(E)

A day care center shall submit for the director's review a pick-up and drop-off plan that adequately ensures the safe transfer of children and creates minimal impact on pedestrian and vehicular traffic. The day care center must obtain approval of the plan prior to opening its place of business.

(F)

The placement or construction of items that block the visibility through windows of the interior of the commercial space from the street and sidewalk, including, but not limited to, walls, window film, storage cabinets, carts, shelving, boxes, coat racks, storage bins, and closets, shall be prohibited. All windows shall remain transparent. This is not intended to prevent retailers from displaying their goods in display cases that are oriented towards the street frontage.

(G)

Retail shopping establishments with a principal use selling tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking are prohibited on property within 1,000 linear feet of a child day care center, or a public or private academic early childhood, elementary, middle, or high school. Any such use in operation prior to July 1, 2024, may continue to operate at its existing location, but Article XII does not apply.

Notwithstanding any contrary provisions of this ordinance, the following uses may be allowed by the director by administrative review and approval pursuant to the standards and procedures of section 11-513 of this ordinance: Up to two co-living dwellings shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone, and each such co-living dwelling shall provide the parking required under section 8-200(A)(22). For proposals with greater than two co-living dwellings, each will be counted as a dwelling unit subject to the same area and bulk regulations as multi-unit dwellings in this zone.

(Ord. No. 4413, § 2, 6-21-05; Ord. No. 4573, § 1, 12-13-08; Ord. No. 4677, § 5, 6-22-10; Ord. No. 4910, § 3, 11-15-14; Ord. No. 4948, § 3, 5-15-15; Ord. No. 5035, § 1, 6-28-16; Ord. No. 5155, §§ 57, 58, 6-26-18; Ord. No. 5259, §§ 59, 60, 12-14-19; Ord. No. 5303, § 5, 10-17-20; Ord. No. 5321, § 21, 1-23-21; Ord. No. 5383, § 24, 11-13-21; Ord. No. 5405, § 5, 2-12-22; Ord. No. 5449, § 4, 9-17-22; Ord. No. 5457, § 1, 10-15-22; Ord. No. 5490, § 5, 5-13-23; Ord. No. 5515, § 6, 12-16-23; Ord. No. 5529, § 5, 4-13-24; Ord. No. 5566, § 5, 12-14-24; Ord. No. 5580, § 5, 4-26-25)

Editor's note— Ord. No. 5529, § 5, adopted April 13, 2024, repealed § 6-800, which pertained to King Street outdoor dining overlay zone and derived from Ord. No. 4414, § 2, adopted June 21, 2005; Ord. No. 4494, § 1, adopted June 26, 2007; Ord. No. 4521, § 1, adopted March 15, 2008; Ord. No. 5227, §§ 6—9, adopted May 18, 2019; Ord. No. 5456, § 1, adopted Oct. 15, 2022; Ord. No. 5480, § 1, adopted March 18, 2023; and Ord. No. 5490, § 5, adopted May 13, 2023.

The intent of this provision is to provide incentives to retain and attract arts and cultural uses in Old Town North through the creation of an arts and cultural district pursuant to Va. Code § 15.2-1129.1. Additional floor area, density, and height may be permitted for properties within the arts and cultural district overlay as part of a special use permit, subject to the provisions of this section.

The intent of the ground floor arts and cultural tenant space defined in section 6-902(A) is to provide a range of uses on the ground floor that will reinforce the arts, cultural, and creative identity of Old Town North.

The intent of the arts and cultural anchor defined in section 6-902(B) is to provide destination anchors that have a significant amount of public access and activity and attract additional large arts and cultural institutions.

The use of these incentives will be limited to areas within the Old Town North arts and cultural district overlay map that have frontages on the following streets: N. Washington Street, N. Saint Asaph Street, Montgomery Street, N. Fairfax Street, Third Street, or Canal Center Plaza. The regulatory incentives for arts and cultural uses as outlined in this section will not preclude the use of section 7-700 for the provision of low- and moderate-income housing.

(A)

Ground floor arts and cultural tenant. Small scale or individual use whose purpose is the creation or display of art or design.

(B)

Arts and cultural anchor. A larger destination use or venue where visual or performing arts and cultural works are taught, created, and made available to the public by various means including live performances of theater, dance, music, or other imaginative work or producing or exhibiting of physical works created by or under the direction of one or more artists and intended for unique production or limited reproduction. Museums art schools including, but not limited to, culinary arts schools, instructional art, music, or drama academy may also qualify as Arts and Cultural Anchor.

For parcels within the Old Town North arts and cultural district overlay that front along the streets listed in section 6-901 above, the floor area for ground floor arts and cultural tenant spaces may be excluded from the calculation of the maximum floor area ratio permitted for the site. The allocation of ground floor arts and cultural tenant spaces will be limited to a maximum amount of 15,000 square feet of floor area for each block.

Notwithstanding any contrary provision of the zoning ordinance, the uses as defined in section 6-902(A) for ground floor arts and cultural tenant may be allowed by special use permit. The use of this incentive will be subject to the following:

(A)

Approval as part of a special use permit in accordance with the procedures and requirements set forth in section 11-500.

(B)

The applicant for the special use permit shall provide sufficient assurance by way of contract, deed, or other recorded instrument in a form approved by the city that the ground floor space excluded from the floor area shall be limited to the uses defined in section 6-902(A) or as otherwise approved in accordance with the special use permit process and that said space shall only be leased to an approved arts and cultural tenant as defined in section 6-902(A) for a minimum period of 15 years from the issuance of the certificate of occupancy for the space.

(C)

The ground floor arts and cultural tenant space will be open to the public during regular hours.

For parcels within the Old Town North arts and cultural district overlay that front along the streets listed in section 6-901 above, floor area ratio and an associated amount of density may be increased by a maximum of 30 percent above the maximum floor area ratio otherwise permitted by the zoning ordinance for a building or project that includes an arts and cultural anchor as defined in section 6-902(B).

Notwithstanding any contrary provision of the zoning ordinance, the uses as defined in section 6-902(B) for arts and cultural anchor may be allowed by special use permit. The use of this incentive will be subject to the following:

(A)

Approval as part of a special use permit in accordance with the procedures and requirements set forth in section 11-500.

(B)

The entire arts and cultural anchor space will be limited to the uses defined in section 6-902(B).

(C)

The space provided for the arts and cultural anchor shall be a minimum size of 5,000 square feet and consolidated in one area. The final size, use, and amount of floor area ratio increase for the provision of arts and cultural anchor space will be based on the type and character of the use and on achieving the intent and objectives of the Old Town North small area plan.

(D)

The arts and cultural anchor space may be located below grade, provided that it has a minimum area of 2,000 square feet of ground floor space, primarily accessed from the street frontages listed in section 6-901 and with a floor-to-ceiling height of no less than 15 feet.

(E)

The total floor area for arts and cultural anchor space utilizing the arts and cultural anchor incentive within the Old Town North arts and cultural district overlay will not exceed 100,000 square feet of floor area as defined by the zoning ordinance.

(F)

The public benefit of the added density will be provided through the ability of the proposed arts and cultural anchor to further the goals of the arts and cultural district.

(G)

The applicant for the special use permit shall provide a contract, deed, or other recorded instrument in a form approved by the city prior to the release of the final site plan, which will be recorded within the land records prior to the issuance of the first certificate of occupancy permit for the site. The instrument will at minimum include:

1.

Use of the space shall be limited to the uses defined in section 6-902(B) or as otherwise approved in accordance with the special use permit process for a minimum period of 30 years from the issuance of the certificate of occupancy for the space.

2.

In the event the arts and cultural anchor space is vacated for a period of 90 calendar days, or the tenant is no longer able to operate within the space, the city shall have the right of first refusal to purchase the space, assign a purchase right, or assume a lease as specified in a memorandum of understanding that shall be executed.

(H)

Nothing in this section 6-900 shall be construed to limit or otherwise interfere with any rights and obligations of the arts and cultural anchor arising out of membership in a property owners' association or pursuant to any other arrangement governing management of a mixed-use property.

(I)

Height may not be increased pursuant to this section by more than 25 feet beyond the height otherwise permitted by the zone for the site. However, no building located in any zone or height district where the maximum allowable height is 50 feet or less may be allowed to exceed such height limits.

(J)

The arts and cultural anchor space will be open to the public with regularly scheduled presentations, activities, classes, or performances that are open to the public for a significant number of days within the calendar year commensurate with the type of use and operation.

(K)

The applicant shall submit as part of the application for special use permit an agreement with the arts and cultural anchor that will demonstrate compliance with this section 6-900.

(L)

To qualify as an arts and cultural use anchor, the proposed operator of the arts and cultural space will be an existing organization or establishment that can demonstrate fiscal and managerial capacity to successfully operate such space as part of the special use permit process.

(Ord. No. 5138, § 2, 5-12-18)