Loading...
19741217 1974-18ORDINANCE NO. 1974-18 AN ORDINANCE AMENDING AND REENACTING IN ITS ENTIRETY SECTION 11 (ZONING SCHEDULE) OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Section 11 (Zoning Schedule) of the Zoning ordinance of the City of Fairfax, Virginia, be and it hereby is amended and reenacted to read in its entirety as follows: 1974-18 R-1 Zone Residential Zone The following regulations shall apply in all R-1 districts: A. The following uses are permitted by right: 1. Single-family dwellings and their accessory buildings; 2. Agricultural use provided no animals may be kept within 100 feet of any property line. B. The following uses may be permitted subject to securing a special use permit as provided in subsection E of this zone~ 3. 4. 5. 6. 7. 8. 9. 10. Churches; Governmental use; Golf courses; Plant nurseries; Hospitals for treatment of human beings; Nursing homes; Electric transformers and substations; Telephone repeater stations; Club houses and grounds not conducted for gain (including swimming pools); Schools of general instruction and nursery schools complying with the provisions of Section 14 of this ordinance; !1. Lodge halls; 12. Customary home occupations; 13. Private tennis courts. Uses Prohibited: All uses not specifically permitted are prohibited. - 2 - 1974-18 De Height, area, setbacks and lot width: 1. Maximum height: Not to exceed three (3) stories. Ee 2. Lot a rea: Minimum lot area of twenty thousand (20,000) square feet (one single family dwelling and accessory buildings may be erected on any lot of record prior to the adoption of this ordinance which contains at least 7,500 square feet of area. Side set- back on such lots may be reduced to not less than 12 feet); b. Average lot area of twenty-one thousand, seven hundred eighty (21,780) square feet. 3. Building Restriction Line: ae Front: Fifty (50) foot setback except that on a street which has a right-of-way of less than fifty (50) feet the building restriction line shall be seventy-five (75) feet from the established center line; b. On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s). Setbacks: (detached accessory building or structure may have a minimum setback of five (5) feet from the side and rear property lines, provided that said detached structure is at least seven (7) feet away from any adjoining structure) a. Side: Fifteen (15) foot setback; b. Rear: Twenty-five (25) foot setback. 5. Lot width: Minimum lot width at the BRL: a. Interior lot: One hundred (lO0) feet; b. Corner lot: One hundred twenty-five (125) feet. Any special use permit required in this zone shall be issued only by the City Council in accordance with the procedure hereinafter set out. - 3- 1974-18 Procedure: An applicant for a special use permit under this subsection E shall make application to and on forms provided for that purpose by the Zoning Administrator, and the application shall be accompanied by a fee of fifty dollars ($50). Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meeting and the City Council shall schedule a public hearing upon the application, and shall cause to be advertised by publication once a week for two (2) successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of the public hearing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final pub- lication of the notice. At least ten (10) days prior to the date of any such public hearing the property shall be posted by the City and the applicant shall notify all adjacent and at least three (3) additional neighboring property owners by certified mail. The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to af- fect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. The City Council in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into con- sideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and move- ment of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. o The City Council shall have the power, except as otherwise provided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all con- ditions of the special use permit have been complied with. In imposing such said conditions, the Council shall be guided by the standards and considerations as set forth in subsection E.3., 4. -4- 1974-18 Fe No order of the City Council permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in ac- cordance with said permit(s). In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period exceeding six (6) months unless such use is established within six (6) months. Other Applicable Sections: 1. Site Plan: See Section 3 subsection 3.17 et seq. 2. Parking: See Section 6. 3. Erosion and Sedimentation Control: See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. 7. General Regulations and Provisions: See Section 3. -5- 1974-18 R-2 Zone Residential Zone The following regulations shall apply in ali R-2 districts: A. The following uses are permitted by right: 1. Single-family dwellings and their accessory buildings; 2. Agricultural use provided no animals may be kept within 100 feet of any property line. B. The following uses may be permitted subject to securing a special use permit as provided in subsection E of this zone: 1 Churches; 2 Governmental use; 3 Golf courses; 4 Plant nurseries; 5 Hospitals for treatment of human beings; 6 Nursing homes; 7. Electric transformers and substations; 8. Telephone repeater stations; 9. Club houses and grounds not conducted for gain (including swimming pools); 10. Schools of general instruction and nursery schools complying with the provisions of Section 14 of this ordinance; 11. Lodge halls; 12. Customary home occupations; 13. Private tennis courts; 14. Tourist homes. C. Uses Prohibited: All uses not specifically permitted are prohibited. -6- 1974-18 R-2 Zone D. Height, area, setbacks and lot width: 1. Maximum height: Not to exceed three (3) stories. 2. Lot area: Minimum lot area of twelve thousand five hundred (12,500) square feet (one single family dwelling and accessory buildings may be erected on any lot of record prior to the adoption of the ordinance which contains at least 7,500 square feet of area. Side setback on such lots may be reduced to not less than 12 feet); b. Average lot area of fifteen thousand (15,000) square feet. 3. Building Restriction Line: ao Front: Thirty-five (35) foot setback, except that on a street which has a right-of-way of less than fifty (50) feet the BRL shall be sixty (60) feet from the established center line; On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s). Setbacks: (detached accessory building or structure may have a minimum setback of five (5) feet from the side and rear property lines, provided that said detached structure is at least seven (7) feet away from any adjoining structure) a. Side: Fifteen (15) foot setback; b. Rear: Twenty-five (25) foot setback. 5. Lot width: Minimum lot width at BRL: a. Interior lot: Ninety (90) feet (2~ of lots in recorded subdivisions may be 5 feet narrower than minimum); b. Corner lot: One hundred fifteen (115) feet. Any special use permit required in this zone shall be issued only by the City Council in accordance with the procedure hereinafter set out. Procedure: 1. An applicant for a special use permit under this subsection E shall make application to and on forms provided for that -7- 1974-18 R-2 Zone purpose by the Zoning Administrator, and the application shall be accompanied by a fee of fifty dollars ($50). 2. Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meeting and the City Council shall schedule a public hearing upon the application, and shall cause to be advertised by publication once a week for two (2) successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of the public hear- ing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final publication of the notice. At least ten (10) days prior to the date of any such public hearing the property shall be posted by the City and the applicant shall notify all adjacent and at least three (3) additional neighboring property owners by certified mail. 3. The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. Se The City Council in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into con- sideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. The City Council shall have the power, except as otherwise pro- vided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Council shall be guided by the standards and considerations as set forth in subsection E.3., 4. -8- 1974-18 R-2 Zone No order of the City Council permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in accordance with said permit(s). In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period ex- ceeding six (6) months unless such use is established within six (6) months. F. Other Applicable Sections: 1. Site Plan: See Section 3 subsection 3.17 et seq. 2. Parking: See Section 6. 3. Erosion and Sedimentation Control: See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. 7. General Regulations and Provisions: See Section 3. -9- 1974-18 R-3 Zone Residential Zone The following regulations shall apply in all R-3 districts: A. The following uses are permitted by right: 1. Single-family detached dwellings and their accessory buildings; 2. Semi-detached dwellings. B. The following uses may be permitted subject to securing a special use permit as provided in subsection E of this zone: !. Churches; 2. Governmental use; 3. Golf courses; 4. Plant nurseries; 5. Hospitals for treatment of human beings; 6. Nursing homes; 7. Electric transformers and substations; 8. Telephone repeater stations; 9. Club houses and grounds not conducted for gain (including swimming pools); 10. Schools of general instruction and nursery schools complying with the provisions of Section 14 of this ordinance; ll. Lodge halls; 12. Customary home occupations; 13. Private tennis courts; 14. Tourist homes; 15. Rooming houses; 16. Eleemosynary institutions, subject to the following conditions: -10- 1974-18 R-3 Zone Co a. Minimum lot area: Thirty-four thousand (34,000) square feet; b. No encroachment into front, side and rear yard setbacks with any parking or structures; c. Maximum number of parking spaces permitted shall be no more than ten (10), and all parking shall be provided off-street and shall be screened in such a manner as to be unobtrusive to adjacent uses; d. The site shall have a common boundary on at least one side by commercial or industrial zoning; e. Provided, however, and notwithstanding any provision to the contrary, the special use permit required hereunder shall only be issued by the City Council in accordance with the procedure set out in subsection E of this zone. Uses Prohibited: Ali uses not specifically permitted are prohibited. Height, area, setback and lot width: Maximum height: Building height shall not exceed three (3) stories or thirty-five (35) feet measured on all exposed external walls; any basement that has any wall three (3) feet above the ground shall be counted as a story. 2. Lot area: Minimum lot area of ninety-five hundred (9,50~square feet (one single family d~elling and accessory buildings may be erected on any lot of record prior to the adoption of this ordinance which contains at least 7,500 square feet of area. Side setback on such lots may be reduced to not less than 12 feet) Average lot area of ten thousand five hundred (10,5OO) square feet; use of out lots shall not be allowed in computing average lot size. 3. Building Restriction Line: Front: Twenty-five (25) foot setback, except that on a street which has a right-of-way of less than fifty (50) feet the BRL shall be fifty (50) feet from the established center line; b. On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s). - 1] - 1974-18 RT-6 Zone Townhouse Zone Intent This zone is intended to maintain the character of low-density resi- dential areas by providing for the development of townhouses with adequate open space to serve the needs of its residents. A. The following uses are permitted by right: Be 1. Townhouse dwelling units. The following uses are permitted subject to securing a special use permit as provided in subsection G of this zone: 1. Schools of general instruction; 2. Nursery schools; 3. Swimming pools; 4. Customary home occupations. C. Uses Prohibited: All uses not specifically permitted are prohibited. D. Area, setback, height and density: 1. Area: a. There shall be a minimum of three (3) acres for each townhouse project; b. Lot: There shall be a minimum lot area of sixteen hundred (1600) square feet with an average lot area of eighteen hundred (1800) square feet. Setbacks: Front: There shall be a minimum front yard setback of ten (10) feet with at least twenty (20) percent of the units in any series having a twenty (20) foot minimum setback. No more than two (2) abutting townhouses shall have the same front yard setback. Abutting series of townhouses shall have at least a building line setback variation of two (2) feet; b. Side: None, except side yard setback on corner lots shall be a minimum of twenty (20) feet; c. Rear: Every dwelling unit shall have a rear yard depth of not less than twenty (20) feet. Maximum height: Building height shall not exceed three (3) stories or thirty-five (35) feet measured on all exposed external walls; any basement that has any wall three (3) feet above ground shall be counted as a story. 1974-18 RT-6 Zone Density: The density shall not exceed six (6) townhouse dwelling~ units per acre. Dwelling Unit Requirements: a. Building width: Every townhouse shall have a minimum width of at least eighteen (18) feet and every townhouse except end units shall cover the entire width of the lot upon which it is situated; Coverage and floor area: (1) Every townhouse dwelling unit shall have a minimum ground coverage area of not less than six hundred eighty (680) square feet; (2) Every townhouse shall have a minimum of nineteen hundred (1900) square feet of gross floor area, excluding the attic. Lot development and open space: a. No townhouse shall be constructed so as to provide direct vehicular ingress or egress to a collector street, a thorough- fare or an arterial highway as described in the Comprehensive Development Plan for the City; b. There shall be required nine hundred (900) square feet of open space per dwelling unit in any townhouse project. Any area designated as open space shall not be smaller in area than eight hundred (800) square feet, except that ten (10) percent of the required open space area may be exempt from the eight hundred (800) square foot open space area require- ment; c. The developer of a townhouse project may reduce the open space required provided that such area is made a part of a lot, and provided further that the area required for open space is not used in computing the required lot area or lot average; d. There shall be no more than nine (9) townhouses attached in any one series, and there shall be a distance equal to one- half (1/2) the average height of the end units between any two (2) series; e. Visual sight distance at intersections: On any corner lot in an RT Zone there shall be no planting, structure, re- taining wall, fence, shrubbery or other visual obstacle higher than a height of two (2) feet six (6) inches above -15- 1974-18 RT-6 Zone the street level within the imaginary prism formed at said corner by the intersecting right-of-way lines and a line connecting two (2) points, each forty-five (45) feet from their intersection with a height as stated above measured along said right-of-way lines. (See Figure 1); -16 - 1974-18 RT-6r Zone In no case shall the front yard of an end unit (B in Figure 2) which is adjacent to or visible from the rear yard (A in Figure 2) of any townhouse be 9reater than that shown in Fi9ure 2. - Fi'GURE 2 ee Site Plan Approval: A developer shall submit to the Planning Commission a site plan in accordance with Section 3..173 et seq, of this ordinance, which si~e plan shall be finally approved by the Planning Commission prior to the issuance of a building permit. 2. The Planning Commission shall approve the site plan if it finds: a. That all requirements of the Subdivision and Zoning Ordinances of the City of Falrfax, Virginia, have been complied with; and b. That the following additional specific requirements have been complied with in a manner which (1) will not be detrimental to the public welfare or injurious to property or improve- ments in the neighborhood; (2) will be in accord with the provisions of this ordinance and the Comprehensive Plan of the City of Fairfax, Virginia; (3) is ~arranted by topographic conditions of the site; and (4) will provide a more harmonious living environment within the development: -17- 1974-18 RT-6 Zone Fe (1) The developer shall provide adequate and safe vehicular and pedestrian circulation within the townhouse project and between the townhouse project and adjacent areas; (2) The developer shall provide screening in accordance with Section 3.174 between the townhouse project and adjacent residential areas unless modification or elimination of such screening is warranted by topographic or other unusual conditions; (3) (4) The developer shall provide a visual barrier between each two series or ei9hteen units built facing any street or internal circulation area unless modification or elimination of such visual barrier is warranted by topo9raphic or other conditions; The developer shall demonstrate that adequate water supply, fire protection, storm drainage, and sanitary sewer facilities are available to the project; (5) The developer shall provide curbs, gutters, storm drain- age structures, sidewalks, entrances and exits in ac- cordance with applicable established design criteria, construction standards and specifications; (6) The developer shall present evidence of proposed covenants, restrictions and details of maintenance responsibility of common areas and green space to show that liability for maintenance of such areas shall attach to property owners within the development, and that the same may be enforced by liens against the property owners in favor of the City of Fairfax or its assignee. 3. The applicant may be required to resubmit to the Planning Commis- sion a final site plan incorporating all Planning Commission changes and requirements prior to the issuance of a building permit. The applicant shall submit to the Planning Commission a plat and deed of subdivision in accordance with the Subdivision Ordinance of the City of Fairfax, Virginia, and said subdivision shall be approved by the Planning Commission and recorded among the land records before issuance of a building permit. Any special use permit required in this zone shall be issued only by the City Council in accordance with the procedure hereinafter set out. Procedure: 1. An applicant for a special use permit under this subsection G shall make application to and on forms provided for that purpose -18- 1974-18 RT-6 Zone o by the Zoning Administrator, and the application shall be ac- companied by a fee of fifty dollars ($50). Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meeting and the City Council shall schedule a public hearing upon the application and shall cause to be advertised by publication once a week for two (2) successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of the public hearing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final publication of the notice. At least ten (10) days prior to the date of any such public hearing the property shall be posted by the City and the applicant shall notify all adjacent and at least three (3) additional neighboring property owners by certified mail. The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. The City Council in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. The City Council shall have the power, except as otherwise provided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Council shall be guided by the standards and considerations as set forth in subsection G.3., 4. -19- 1974-18 RT-6 Zone No order of the City Council permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in ac- cordance with said permit(s). In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period exceeding six (6) months unless such use is established within six (6) months. H. Other Applicable Sections: 1. Parking: See Section 6. 2. Erosion and Sedimentation Control: See Section 15. 3. Trees: See Section 17. 4. Architectural Control District: See Sections 13 and 18. 5. Storm Drainage Facilities: See Section 19. 6. General Regulations and Provisions: See Section 3. - 20 - 1974-18 RT Zone Townhouse Zone Intent This zone provides for the development of townhouses in medium-density or mixed residential areas in a residential pattern which is designed to serve its residents. A. The following uses are permitted by right: 1. Townhouse dwelling units. B. The following uses are permitted subject to securing a special use permit as provided in subsection H of this Zone: 1. Schools of general instruction; 2. Nursery schools; 3. Swimming pools; 4. Customary home occupations. C. Uses Prohibited: All uses not specifically permitted are prohibited. D. Area, setback, height and density: 1. Area: a. There shall be a minimum of two (2) acres for each townho~se project; Lot: There shall be a minimum lot area of sixteen hundred (1600) square feet with an average lot area of eighteen hundred (1800) square feet. 2. Setbacks: ae Front: There shall be a minimum front yard setback of ten (10) feet with at least twenty (20) percent of the units in any series having a twenty (20) foot minimum setback. No more than two (2) abutting townhouses shall have the same front yard setback. Abutting series of townhouses shall have at least a building llne setback variation of two (2) feet; b. Side: None, except side yard setback on corner lots shall be a minimum of twenty (20) feet; c. Rear: Every dwelling unit shall have a rear yard depth of not less than twenty (20) feet. Maximum height: Building height shall not exceed three (3) stories or thirty-five (35) feet measured on all exposed external walls; any basement that has any wall three (3) feet above ground shall be counted as a story. - 21 - 1974-18 RT Zone Density: The density shall not exceed nine (9) townhouse dwelling units per acre. 5. Dwelling Unit Requirements: ao Building width: Every townhouse sha]l have a minimum width of at least eighteen (18) feet and every townhouse except end units shall cover the entire width of the lot upon which it is situated; b. Coverage and floor area: (1) Every townhouse dwelling unit shall have a minimum ground coverage area of not less than six hundred eighty (680) square feet; (2) Every townhouse shall have a minimum of nineteen hundred (1900) square feet of gross floor area, excluding the attic. 6. Lot development and open space: ao No townhouse shall be constructed so as to provide direct vehicular ingress or egress to a collector street, a thorough- fare or an arterial highway as described in the Comprehensive Development Plan for the City; There shall be required nine hundred (900) square feet of open space per dwelling unit in any townhouse project, Any area designated as open space shall not be smaller in area than eight hundred (800) square feet, except that ten (10) percent of the required open space area may be exempt from the eight hundred (800) square foot open space area require- ment; C° The developer of a townhouse project may reduce the open space required provided that such area is made a part of a lot, and provided further that the area required for open space is not used in computing the required lot area or lot average; d° There shall be no more than nine (9) townhouses attached in any one series, and there shall be a distance equal to one- half (1/2) the average height of the end units between any two (2) series; eo Visual sight distance at intersections: On any corner lot in an RT Zone there shall be no planting, structure, re- taining wall, fence, shrubbery or other visual obstacle higher than a height of two (2) feet six (6) inches above - 22 - 1974-18 RT Zone the street level within the imaginary prism formed at said corner by the intersecting right-of-way lines and a line connectin9 two (2) points, each forty-five (45) feet from their intersection with a height as stated above measured alon9 said right-of-way lines. (See Figure l); FIGURE - 23 - 1974-18 RT Zone In no case shall the.front yard of an end unit (B in Figure 2) which is adjacent to or visible from the rear yard (A in Figure 2) of any townhouse be 9rearer than that shown in Figure 2. FIGURE 2 Site Plan Approval: 1. A developer shall submit to the Planning Commission a site plan in accordance with ~ection 3..173 et seq. of this ordinance, which site plan shall be finally approved by the Planning Commission prior to the issuance of a building permit. 2. The Planning Commission shall approve the site plan if it finds: a. That all requirements of the Subdivision and Zoning Ordinances of the City of Fairfax, Virginia, have been complied with; and b. That the following additional specific requirements have been complied with in a manner which (1) will not be detrimental to the public welfare or injurious to property or improve- ments in the neighborhood; (2) will be in accord with the provisions of this ordinance and the Comprehensive Plan of the City of Fairfax, Virginia; (3) is warranted by topographic conditions of the site; and (4) will provide a more harmonious living environment wlthin the development: - 24 - 1974-18 RT Zone F o (1) The developer shall provide adequate and safe vehicular and pedestrian circulation within the townhouse project and between the townhouse project and adjacent areas; (2) The developer shall provide screening in accordance with Section 3.174 between the townhouse project and adjacent residential areas unless modification or elimination of such screening is warranted by topographic or other unusual conditions; (3) The developer shall provide a visual barrier between each two series or eighteen units built facing any street or internal circulation area unless modification or elimination or such visual barrier is warranted by topographic or other conditions; (4) The developer shall demonstrate that adequate water supply, fire protection, storm drainage, and sanitary sewer facilities are available to the project; The developer shall provide curbs, gutters, storm drain- a9e structures, sidewalks, entrances and exits in ac- cordance with applicable established design criteria, construction standards and specifications; (6) The developer shall present evidence of proposed covenants, restrictions and details of maintenance responsibility of common areas and green space to show that liability for maintenance of such areas shall attach to property owners within the development, and that the same may be enforced by liens against the property owners in favor of the City of Fairfax or i.ts assignee. The applicant may be requi~ed to resubmit to the Planning Commis- sion a final site plan incorporating all Plannin9 Commission changes and requirements prior to the issuance of a building permit. The applicant shall submit to the Planning Commission a plat and deed of subdivision in accordance with the Subdivision Ordinance of the City of Fairfax, Virginia, and said subdivision shall be approved by the Plannin9 Commission and recorded amon9 the land records before is- suance of a building permit. Any townhouse constructed in accordance with an approved site plan or building permit issued before the effective date of this ordinance shall be considered a conforming use as long as it complies with the RT zoning category prescribed in Section 11 of the Zoning Ordinance of the City of Fairfax in force immediately prior to the effective date of this ordinance. - 25 - 1974-18 RI Zone Any special use permit required in this Zone shall be issued only by the City Council in accordance with the procedure hereinafter set out. Procedure: An applicant for a special use permit under this subsection H shall make application to and on forms provided for that purpose by the Zonin9 Administrator, and the application shall be ac- companied by a fee of fifty dollars (~50). Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meetin9 and the City Council shall schedule a public hearin9 upon the application, and shall cause to be advertised by publication once a week for two (2) successive weeks in a newspaper published in or havin9 general circulation in the City of Fairfax a notice of the time and place of the public hearing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final publication of the notice. At least ten (10) days prior to the date of any such publlc hearln9 the property shall be posted by the City and the applicant shall notify all adjacent and at least three (3) additional neighboring property owners by certified mail. o The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zonin9 regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighborin9 property or the welfare of persons living and working in the neighborhood of the proposed use. The City Council in considering any application for a special use permit shall consider the followin9 factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, takin9 into consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children livin9 in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. The City Council shall have the power, except as otherwise provided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all con- ditions of the special use permit have been complied with. In im- posing such said conditions, the Council shall be guided by the standards and considerations as set forth in subsection H.3., 4. - 26 - 1974-18 RT Zone No order of the City Council permitting the erecting, alteration, or use of a building shall be va]id for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in ac- cordance with said permit(s). In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period exceedin9 six (6) months unless such use is established within six (6) months. I. Other Applicable Sections: 1. Parking: See Section 6. 2. Erosion and Sedimentation Control: See Section 15. 3. Trees: See Section 17. 4. Architectural Control District: See Sections 13 and 18. 5. Storm Drainage Facilities: See Section 19. 6. General Regulations and Provisions: See Section 3. - 27 - 1974-18 M-1 Zone Multi-family Zone The following regulations shall apply in ali M-! districts: A. The following uses are permitted by right: Bo Co Apartments and Apartment Houses, subject to Section 3.14 et seq. and to the approval of a site plan by the Planning Commission, upon consideration of the following factors and standards: the size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. The following uses may be permitted subject to securing a special use permit as provided in subsection E of this zone: 1. Electronic transformers and substations; 2. Telephone repeater stations; 3. Clubhouses and grounds not conducted for gain (including swimming pools); 4. Schools of general instruction and nursery schools complying with the provisions of Section 14 of this ordinance; 5. Customary home occupations; 6. Private tennis courts. Uses Prohibited: All uses not specifically permitted are prohibited. Height, area, setback and lot width: Maximum height: Building height shall not exceed three (3) stories or thirty-five (35) feet measured on all exposed external walls; any basement that has any wall three (3) feet above the ground shall be counted as a story. 2. Lot area: a. Minimum lot area: See Section 3.141; - 28 - 1974-18 M-1 Zone b. Average lot area: See Section 3.141. 3. Setbacks: a. Front: See Section 3.142; b. Side: See Section 3.142; c. Rear: See Section 3.142. 4. Lot width: Minimum lot width at BRL: Not applicable. Any special use permit required in this zone shall be issued only by the City Council in accordance with the procedure hereinafter set out. P rocedu re: An applicant for a special use permit under this subsection E shall make application to and on forms provided for that purpose by the Zoning Administrator, and the application shall be accompanied by a fee of fifty dollars ($50). Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meetin9 and the City Council shall schedule a public hearing upon the application, and shall cause to be advertised by publication once a week for two (2) successive weeks in a newspaper published in or havin9 general circulation in the City of Fairfax a notice of the time and place of the public hearing. This hearin9 shall be not less than twelve (12) days nor more than twenty-eight (28) days after final publication of the notice. At least ten (10) days prior to the date of any such public hearin9 the property shall be posted by the City and the applicant shall notify all adjacent and at least three (3) additional neighborin9 property owners by certified mail. o The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. The City Council in considering any application for a special use permit shall consider the followin9 factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, takin9 into - 29 - 1974-18 M- 1 Zone consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. The City Council shall have the power, except as otherwise pro- vided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Council shall be guided by the standards and considerations as set forth in subsection E.3., 4. No order of the City Council permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in accordance with said permit(s). In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period exceeding six (6) months unless such use is established within six (6) months. F. Other Applicable Sections: 1. Site Plan: See Section 3 subsection 3.17 et seq. 2. Parking: See Section 6 and Section 3.143. 3. Erosion and Sedimentation Control: See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. 7. General Regulations and Provisions: See Section 3. Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters, storm drainage structures, sidewalks, entrances and exits, and approval thereof by the Director of Public Services. - 30 - 1974-18 P-D Zone Planned Development Zone Purpose and Intent The Planned Development Ordinance has been designed to pro- mote a mixture of commercial and residential uses on appropriate tracts of more than five acres within the City, and to encourage creativity and innovation in development. The ordinance provides a wider range of options for land use mixes through the offer of design flexibility in return for a higher degree of review and regulatory authority over development by the City Council in the insurance of essential standards of public health, safety, morals, and general welfare. The over-all objective is (1) to encourage land uses within the City which are more beneficial to the City and to the developer than are permitted under other existing zonin9 ordinances; (2) to encourage development which improves public health, convenience or welfare and to foster future development of the City to the end that transportation systems be carefully planned; that new community centers be developed with ade- quate highway, utility, health, educational, and recreational ac- tivities; that the needs of industry and business be recognized in future growth; that residential areas be provided with healthy sur- roundings for family life; and that the growth of the community be consonant with the efficient and economical use of public funds. The more specific objectives include: Beneficial Use of Land: The failure to develop land in a manner compatible with and beneficial to the community of which it is a part is both widespread and widely lamented. Contributing factors have in- cluded: ao The exclusive zoning of large areas for one specific purpose or another, but prohibiting the possibility of mutually beneficial mixtures, thus forcing unnecessary demands for transportation between areas and the consequent costs on both the City and the developer. -31 - 1974-18 Zoning and development practices which have divided rather than united the City and the developer in a common cause which is the betterment of the community at large. This ordinance has been designed to bring the City and the developer together to promote the planning and development of land uses in a manner which best serves the interests of both parties. Coordinated Provision for Services: Unless the demand for services generated by a development can be met by existing facilities, con- sidering all other sources of demand which can be foreseen, new facilities must be planned for, budgeted and constructed to meet the demand as it develops. Failure to do so creates serious and inexcusable problems for both the new users and the prior users of those services. This ordinance has been designed to make the development of land and the provision of services a coordinated venture on the part of both the City and the developer. 3. This ordinance has beendesigned to encourage mixed developments which are self-supporting with regard to tax-supported services; to reduce the necessity for automobile traffic by encouraging people to live and work in the same area; to encourage innovative mixes of both residential and commercial development which invite both day and evening as well as work day and weekend usage by area residents and businessmen; and to insure that usable play areas and other open relief are provided within a development. A. The following uses are permitted by right: 1. Residential: a. Single-family detached dwellings and their accessory buildings; b. Semi-detached dwellings; c. Townhouses. 2. Commercial: a. Office buildings; b. Banks, savings and loan associations, and other financial institutions; - 32 - 1974-18 Retail establishments for the sale of works of art, art supplies, electrical goods and supplies, food and food products, furniture, decorator supplies, hardware, luggage and leather goods, optical goods, pets and pet supplies, garden supplies, electronics and phonograph equipment, books, tobacco, confections, drugs, jewelry, music, stationery, toys, newspapers and magazines, office supplies and equip- ment, medical supplies, clothing and dry goods, flowers and similar goods and products. Establishments for the sale or repair or both of household appliances, musical instruments and sporting goods, not including sale or repair of major motorized equipment. Barber shops and beauty parlors, shoe repair and polishing shops, tailor shops, laundromats and establishments for receiving and distributing articles for laundering or cleaning. Cleaning and pressing establishments having not more than four (4) pressing machines and one (1) dry-cleaning unit, with a capacity not exceeding fifty (50) pounds using non-inflammable synthetic cleaning fluid and one (1) shirt pressing unit. Restaurants with ancillary uses, including live music. Schools of special instruction not including public dance hall and riding school. Private clubs and eleemosynary institutions. Schools of general instruction. Theaters and bowling alleys (excluding drive-in movie theaters). 1. Hotels and motels. m. Electric transformers and substations. n. Telephone repeater stations. - 33 - 1974-18 Bo Ce 3. Other: a. Churches; b. Governmental use, excluding property yards and repair facilities. The following uses may be permitted with a special use permit as provided in subsection J of this zone: 1. Residential: a. Customary home occupations, provided that there are no displays or advertisements; 2. Commercial: None. Uses Prohibited: All uses not specifically permitted are prohibited. Area, setbacks, height, coverage, density, floor area ratio: Area: Area, which shall not be less than five (5) acres in any event, shall be determined in accordance with standards con- tained in subsection G of this zone. The gross area proposed for development in any P-D zone shall be shown on the preliminary site plan. Setbacks: There shall be a minimum open space area of at least twenty (20) feet around the external walls of any structure. This open space area shall be grassed and landscaped except for that area where sidewalks are provided for the purpose of ingress and egress to the structure. e Maximum Height: No wall of any structure shall be exposed more than six (6) stories but in no event shall the height of any building exceed sixty (60) feet measured on all exposed external walls. An additional five (5) feet may be allowed for mechanical equipment, towers and spires, not used for human habitation. 0 Coverage: Maximum coverage permitted of all impervious surfaces in any P-D zone shall not exceed fifty (50) percent of the total gross acreage. Areas used for swimming pools, bathouses, tennis courts and other outside recreational space that is improved with a hard surface, to the extent that it does not exceed five (5) - 34 - 1974-18 percent of the gross acreage, shall not be counted as covered area. At least twenty (20) percent of the gross tract area shall be in open space sections of at least ten thousand (lO,O00) square feet each. 5. Density: Residential: The maximum residential density, which shall not in any event exceed twelve (12) dwelling units per gross acre shall be determined in accordance with standards contained in subsection G of this zone and shall be computed on the preliminary site plan. Commercial: There shall be required in every P-D zone a minimum of two hundred (200) square feet of commer- cial gross floor area for each dwelling unit. The above requirement may be waived in whole or in part by the City Council, provided that the City Council finds that the development does not have a detrimental effect upon the tax base of the City as a whole and generates sufficient economic and other benefits to the community to offset the loss of commercial floor space. Floor area ratio: The maximum gross floor area of all structures (not including enclosed parking structures), which shall not in any event exceed one (1) square foot of floor area for each gross square foot of land within any P-D zone as shown on the preliminary site plan, shall be determined in accordance with standards contained in Section ll and shall be computed on the preliminary site plan. Parking Requirements: ~ithin the building restriction areas in com- mercial and industrial zones or within 25 ft. from the right-of-way line of properties within said zones, whichever is less, no fence, wall, structure, automobile parking area, unloading area or other impervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director.) 1. Residential: Two (2) parking spaces per dwelling unit. 2. Office facilities: One (1) parking space for every three hundred (300) square feet of gross floor area of office facilities. - 35 - 1974-18 3. Places of public assembly: One (1) parking space for every four (4) seats based on maximum seating capacity. 4. Other: One (1) parking space for every two hundred (200) square feet of gross floor area. Compliance with parking requirements shall be shown by computations on the preliminary site plan. In approving said plan the City Council may permit a reduction in parking requirements not exceeding twenty-five (25) percent of the total parking required in accordance with standards contained in Section 11. F. Procedures: Preliminary submission. A potential applicant who wishes to apply for change of zoning of property to the P-D zone may in advance of filing an official application submit a general development plan to the City Director of Planning and request a hearing before a joint public meeting of the City Council and the Planning Commission for the purpose of guidance and comment concerning proposed development. No official action shall be taken by either the Planning Commission or the City Council at said meeting and no commitments shall be made by the City or any agency thereof at said meeting. General Development Plan. A general development plan may be general in nature and schematic in form but must show the fol- lowing: Proposed land use in each of the following categories: detached single-family residential, town houses, apartments, commercial offices, other commercial public use, open space, and other uses. General building locations, suggested height of buildings, estimated number of dwelling units, estimated gross square feet of commercial uses. c. Proposed traffic circulation. d. Proposed schedule of development. e. Proposed number of residents, school children, estimated vehicles per 24 hours, estimated cost-sales price of dwelling - 36 - 1974-18 e he me units, estimated rental per square foot of commercial, and any other pertinent information dealing with the economic feasibility of the proposed site. Official submission: In addition to the general filing re- quirements for all applications for change of zoning the applicant shall submit with his application for change of zoning of land to the P-D zone a general development plan and a pre- liminary site plan. Preliminary site plan: A preliminary site plan shall include the following information. Total area; Gross area proposed for residential uses and total number of proposed dwelling units; Gross floor area of all structures and floor area ratio; Proposed locations of all buildings; Proposed use of all structures; Proposed setbacks from all property lines and from all non-residentTal structures to the nearest residential structure; Proposed height of all structures within the proposed development; Proposed coverage; Proposed residential density per gross acre; Proposed number of parking spaces and location of parking areas; Proposed methods of landscaping and screening; Proposed methods of internal circulation, ingress and egress; Existing contours per National Oceanic & Atmospheric Administration (USC&GS); - 37 - 1974-18 n. Proposed improvements to adjacent public streets; o. All pedestrian walkways; p. Proposed common open space; q. Proposed gross floor area of all commercial development; re A study of anticipated revenue from all uses in the area to be developed. Said study shall substantially conform to and provide information according to the guidelines adopted from time to time by the City Council. The guidelines shall be made available to the applicant at the office of the Director of Public Services. A study of anticipated cost to the City to maintain and service the uses in the area to be developed. Said study shall substantially conform to and provide information according to the guidelines adopted from time to time by the City Council. The guidelines shall be made available to the applicant at the office of the Director of Public Services. t. A development schedule showing the stages of development if required. 5. Review and approval of preliminary site plan. Upon determination by the Zoning Administrator that the content of the preliminary site plan is complete in accordance with the above requirements, the plan and application shall be submitted to the Planning Commission. The Planning Commission shall promptly consider the preliminary site plan and the rezoning application and hold a public hearing thereon in accordance with the standards hereinafter set forth and in accordance with the provisions contained in Title 15.1, Chapter ll, Article 8 of the Code of Virginia Annotated. Within ninety days of receipt by the Planning Commission of the preliminary site plan and application for rezoning, the Planning Commission will transmit the plan and application to the City Council together with its recommendations as to approval, approval with modification, or disapproval of said plan. The City Council shall consider the preliminary site plan and application for rezoning and hold a public hearing thereon in accordance - 38 - 1974-18 with the standards hereinafter set forth and in accordance with the provisions contained in Title 15.1, Chapter Il, Article 8 of the Code of Virginia. The City Council shall approve, approve with modifica- tions, or disapprove the preliminary site plan and application for rezoning within thirty days after a public hearing thereon, upon determination that said plan complies with the standards hereinafter set forth. In approving a plan, the Council may establish such conditions and may require such modifications as shall assure compliance with said standards and regulations, and the Council may further waive or modify subdivision requirements otherwise applicable to the develop- ment when such waiver or modification is not in conflict with said standards and regulations. In the event that a preliminary site plan shall be disapproved by the City Council, the application for rezoning shall be deemed to be denied. In the event that a preliminary site plan shall be approved with modifications by the City Council, the Council may continue the public hearing on the rezoning application to a date certain in order to permit the applicant to modify the development plan in accordance with such modifications. 6. Procedure for final site plans. Approval of the preliminary site plan and the application for rezonin9 shall constitute authority for the applicant to prepare final site plans in accordance with the standards contained in subsection G of this zone, and in conformity with the approved preliminary site plan. Approval of said final site plans shall be in accordance with Section 3.172 through 3.180, except as follows: Separate final site plans shall be submitted for each development stage or unit as set forth Tn the approved preliminary site plan. be A final site plan for a particular development stage or unit other than the first, shall not be approved until the final site plan has been approved for the immediately preceding stage or unit. c. Minor deviations from the preliminary site plan shall be permitted in the final site plan when the Director of - 39 - 1974-18 Ge Public Services determines that such are necessary due to requirements of topography, drainage, structural safety or vehicular circulation, and such deviations will not materially alter the character of the approved preliminary site plan including the proposed development sequence. In no case shall such deviations include the elimination of any building shown or the addition of any building not shown on the approved preliminary site plan. Neither will such deviations increase the density or alter the height or setback limitations. Any changes not authorized by this paragraph shall require resub- mission of the preliminary site plan in accordance with the procedures contained herein. de The final site plan shall be approved within eighteen months from the date of approval of the preliminary site plan. If a final site plan is not approved within said period, approval of the preliminary site plan, and consequent authority to submit a site plan, shall terminate and development by the applicant in accordance with the P-D regulations shall require resubmission of a preliminary site plan in accordance with the procedures set forth in this section F. Standards. The following standards shall be applied by the Planning Commission in recommending and by the City Council in considering a final site plan. The preliminary and final plans shall afford adequate protection to adjacent and surrounding properties, provide harmonious internal development, provide (where appropriate) a diversity of well- planned uses within the development in accordance with the pur- poses of this ordinance, provide adequate parking and adequate and safe circulation and ingress and egress, and shall be so designed that development in accordance therewith will not ad- versely affect the health, safety or general welfare of persons residing or working in the neighborhood of the proposed develop- ment, will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood, and will be in accord with the purposes of this ordinance and the Comprehensive Plan of the City of Fairfax. - 40 - 1974-18 e The area included within any single P-D zone shall be suf- ficient in size to justify planned development of the entire area as a unit in furtherance of the purposes of this ordinance. The minimum area required may vary from case to case in order to assure compliance with these standards and to promote the objectives of this ordinance. The permitted height of buildings and required setbacks from property lines and required distances between struc- tures within a P-D development shall be determined in the context of the preliminary site plan as a whole, ad- jacent buildings and uses both within and without the zone, the Comprehensive Plan of the City of Fairfax, and the other standards provided for development in this zone. The maximum heights permitted and the minimum setbacks required may vary from case to case in order to assure compliance with these standards and to promote the objectives of this ordinance. Density: The maximum residential density allowed and the maximum square footage of commercially designated floor space shall be determined in the context of the plan as a whole, shall not adversely affect adjacent development and shall be consistent with existing and proposed public facilities and the other standards contained in this ordinance. Screening: Fences, walls or vegetative screening shall be provided at the perimeter of planned developments where necessary to screen improvements, glare, uses or other influences having an adverse impact either on the planned development or on adjacent property. Screening shall be provided between residential and commercial sections of the site at ground level. Screening shall meet the specifications of the City of Fairfax Zoning Ordinance. Commercial uses shall be conducted entirely within enclosed buildings with no outside display of merchandise and shall be designed to maintain and protect the residential character of all neighboring residential areas including residential areas contained within any P-D zone. Principal vehicular access to a planned development shall be from streets and roads capable of supporting existing traffic and the traffic that will be generated by the planned develop- ment. Access points shall be designed to provide smooth traf- fic flow, controlled turning movements, and minimum hazard to vehicular or pedestrian traffic. Merging and turnout lanes and traffic dividers shall be provided where existing or anti- cipated heavy flows of traffic indicate such need. No streets or roads within a planned development shall connect to exterior streets for through streets. - 41 - 1974-18 e e 10. 11. 12. 13. Pedestrian access shall be arranged so as to provide safe and convenient routes to and from a planned development. Pedestrian access routes within a planned development need not be adjacent to, or in the vicinity of, vehicular access routes. Pedestrian crossings at the perimeter of development shall be marked and controlled, and where pedestrians are exposed to substantial vehicular traffic, fencing or other similar barriers shall be erected to prevent crossing at other than designated points. Bicycle and bridle paths shall be coordinated with the pedestrian system and street crossings shall be combined, Traffic visibility, both automotive and pedestrian, shall be preserved as follows: no impediment to visibility between two and one-half (2-1/2) and seven (7) feet above center line grades shall exist at the intersection of any street or raod within a planned development or at its perimeter within a triangle beginning at the intersection of right-of-way edges (projected if round corners exist), thence fifty (50) feet along said edges, then along the line connecting those two points. Where pedestrian access of any kind exists from within a planned development to a perimeter street or road, without a barrier to prevent indiscriminate entrance into such street or road, no substantial impediment to visibility shall be per- mitted between two and one-half (2-1/2) and seven (7) feet above the center line of the street or road or above the ground level of the access area. Within a planned development, streets, roads, driveways and parking, loading and service areas shall be designed so as to provide safe and convenient vehicular access to all uses and facilities. Pedestrian ways to be used by substantial numbers of children shall be located and controlled to minimize contact with vehicular traffic. Pedestrian passages over and under vehicular routes may be required. Developed recreation space and other open space intended for pedestrian use and pedestrian-oriented structures, such as schools and churches, shall be accessible from related structures, such as dwellings and office buildings, with a minimum of street crossings. Where possible, such uses shall be interconnected by a common pedestrian system. The planned development shall be located in an area for which public facilities are available and adequate for the uses proposed; provided, however, that the applicant may provide such facilities which are not presently available, and written assurance of such provision shall be included as a part of the preliminary site plan. - 42 - 1974-18 He 15. Within a planned development there shall be adequate space to permit accessibility to all structures by fire-fighting and similar emergency equipment. 16. A planned development shall have adequate parking for all the uses proposed therein and before allowing any reduction in parking as permitted in subsection E (4) of this ordinance, the City Council shall be satisfied that a combination of uses will promote dual use of certain parking spaces at different hours and that all uses proposed will have adequate parking after said reduction. Ail required parking shall be unreserved; provided that the preliminary site plan may be approved showing certain reserved parking where the City Council is satisfied that the reserving of said designated spaces will not create a deficiency in the number of required parking spaces for all uses and that the reserving of the said spaces will not place an undue hardship on pedestrian travel within the parking area. 17. The developer shall provide for and establish an organization or other legal entity for the perpetual ownership and mainte- nance of any common open space and other uncovered areas designated on the preliminary site plan, including pedestrian ways, play lots, swimming pools, bathhouses, tennis courts, parking lots and roads. Such organization shall be created by covenants running with the land, and such covenants shal! be included as a part of the final site plan and subject to approval by the City Attorney and City Council. 18. When a planned development is to be constructed in stages or units, the total uncovered area provided at any stage of development shall bear substantially the same relationship to the total uncovered areas to be provided in the entire planned development as the stages or units completed or under development bear to the entire planned development. !9. Where several parcels of land in the same ownership or land in different ownerships is shown on a preliminary site plan adequate assurances including, if necessary, covenants running with the land, shall be provided to assure that the parcels shown will be developed. Development Schedule. The developer shall develop the parcel in not more than sixty-six (66) percent of the approved residential floor space prior to the completion o~ al~ the planned and approved commercial floor space. Subdivision: Nothing in this ordinance shall prohibit the sub- division of land within a P-D zone for purpose of sale; provided, however, that any owner proposing to subdivide property wholly or partly within a P-D zone shall produce satisfactory evidence to - 43 - 1974-18 the Planning Commission that such subdivision will not violate any of the standards contained in this ordinance, and shall submit docu- ments with the preliminary subdivision plat assuring the continued common use of all parking or other areas shown on the preliminary site plan for such uses, which documents shall be approved by the City Attorney and recorded among the land records of Fairfax County, Virginia, at the same time the approved subdivision plat is recorded. Any special permit required in this zone shall be issued only by the City Council in accordance with the procedure hereinafter set out. P rocedu re: An applicant for a special use permit under this subsection J shall make application to and on forms provided for that pur- pose by the Zoning Administrator, and the application shall be accompanied by a fee of fifty dollars(S50). e Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meeting and the City Council shall schedule a public hearing upon the appli- cation, and shall cause to be advertised by publication once a week for two (2) successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of the public hearing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final publication of the notice. At least ten (10) days prior to the date of any such public hearing the property shall be posted by the City and the applicant shall notify all adjacent and at least three (3) additional neighboring property owners by certified mail. The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. 4. The City Council in considering any application for a special use permit shall consider the following factors and standards: - 44 - 1974-18 e The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. The City Council shall have the power, except as otherwise provided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Council shall be guided by the standards and considerations as set forth in subsection J.3., 4. e No order of the City Council permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in accordance with said permit(s). In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period exceeding six (6) months unless such use is established within six (6) months. K. Other Applicable Sections: 1. Erosion and Sedimentation Control: See Section 15. 2. Trees: See Section 17. 3. Architectural Control District: See Sections 13 and 18. 4. Storm Drainage Facilities: See Section 19. 5. General Regulations and Provisions: See Section 3. 6. Performance Standards: See Section 12. Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters, storm - 45 - 1974-18 drainage structures, sidewalks, entrances and exits, and approval thereof by the Director of Public Services. Variance: Where by reason of exceptional shape or area, exceptional topographic conditions, conditions created by a condemnation, or other extraordinary or exceptional situation or condition, wherein the application of any requirement of the Zoning Ordinance would result in peculiar and exceptional practical difficulty or hard- ship upon the developer or owner of such property, the Planning Commission may recommend and the City Council shall have the power to grant a variance from any requirements of the Zoning Ordinance so as to relieve such difficulties or hardships, provided such re- lief can be granted without substantially impairing the intent and purpose of the Zoning Ordinance. In no case will density or height limitations be varied. The Board of Zoning Appeals shall have no authority to vary the provisions of the Zoning Ordinance as they relate to the P-D Zone. - 46 - 1974-18 C-P-D Zone Commercial Planned Development Zone Purpose and Intent The Commercial Planned Development Ordinance has been designed to promote a mixture of commercial and residential uses, with commercial predominating, on appropriate tracts of one acre or more within the City. The ordinance provides a wider range of options for developers through the offer of mixed land use in return for greater review and regulatory authority by City Council to insure essential standards of public health, safety, morals, and general welfare. The overall objective is (1) to recognize the needs for offices and shops in future growth; (2) to provide residential areas with com- patible surroundings; and (3) to guide community growth consonant with the efficient and economical use of private land and with careful attention to the impact of such growth on adjacent development, both existing and planned, and on the City's existing and proposed public facilities. The following regulations shall apply in all C-P-D districts: A. The following uses are permitted by right: 1. Residential: a. Single-family dwellings; b. Semi-detached dwellings; c. Apartments and Apartment Houses. 2. Commercial: a. Office buildings; b. Banks, savings and loan associations, and other financial institutions; Co Retail establishments for the sale of works of art, art supplies, electrical goods and supplies, food and food products, furniture, decorator supplies, hardware, luggage and leather goods, optical goods, pets and pet supplies, garden supplies, electronics and phonograph equipment, books, tobacco, confections, drugs, jewelry, music, stationery, toys, newspapers and magazines, office supplies and equip- ment, medical supplies, clothing and dry goods, flowers and similar goods and products; - 47 - 1974-18 C-P-D Zone Bo eo fo go Establishments for the sale or repair or both of household appliances, musical instruments and sporting goods, not in- cluding sale or repair of major motorized equipment; Barber shops and beauty parlors, shoe repair and polishing shops, tailor shops, laundromats and establishments for receiving and distributing articles for laundering or cleaning; Cleaning and pressing establishments having not more than four (4) pressing machines and one (1) drycleaning unit, with a capacity not exceeding fifty (50) pounds using non- inflammable synthetic cleaning fluid and one (1) shirt pressing unit; Restaurants with ancillary uses, including live music; Schools of special instruction not including public dance hall and riding school; i. Private clubs and eleemosynary institutions; j. Schools of general instruction; k. Theaters and bowling alleys (excluding drive-in movie theaters); Hotel and motel; m. Electric transformers and substations; n. Telephone repeater stations; o. Hospitals for the treatment of human beings, nursing homes and funeral homes. 3. Other: a. Churches; b. Governmental use, excluding property yards and repair facilities. The following uses may be permitted subject to securing a special use permit: 1. Residential: None 2. Commercial: - 48 - 1974-18 C-P-D Zone Other eating establishments provided that within any 24-hour period at least seventy-five (75) percent of customers are served prepared food while seated at tables, booths or counters, and consume such food or refreshment within the building; Commercial recreational uses, including but not limited to miniature golf courses, indoor and outdoor tennis courts, golf driving ranges, iceskating rinks, roller skating rinks, bowling alleys and billiard parlors; Co Provided, however, and notwithstanding any provision to the contrary, the special use permit required hereunder shall only be issued by the City Council in accordance with the procedure hereinafter set out: Procedure: An applicant for a special use permit under this sub- section 2 shall make application to and on forms pro- vided for that purpose by the Zoning Administrator, and the application shall be accompanied by a fee of fifty dollars ($50); (2) Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meeting and the City Council shall schedule a public hear- in9 upon the application, and shall cause to be adver- tised by publication once a week for two (2) successive weeks in a newspaper published in or having general cir- culation in the City of Fairfax a notice of the time and place of the public hearing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final publication of the notice. At least ten (10) days prior to the date of any such public hearing the property shall be posted by the City and the applicant shall notify ali adjacent and at least three (3) additional neighboring property owners by certified mail; (3) The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use; (4) The City Council in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which - 49 - 1974-18 C-P-D Zone the use is proposed, access to streets for both vehicu- lar and pedestrian traffic, taking into consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighbor- hood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of build- ings, walls, fences and landscaping proposed and over- all impact of the proposed use upon the development and use of adjacent land; (5) The City Council shall have the power, except as other- wise provided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any appli- cant to insure compliance with such conditions. No occupancy permit shall be issued for any such use un- til all conditions of the special use permit have been complied with. In imposing such said conditions, the Council shall be guided by the standards and considera- tions as set forth in subsection 2.c.(3), (4); (6) No order of the City Council permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to com- pletion in accordance with said permit(s). In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period exceeding six (6) months unless such use is established within six (6) months. Uses Prohibited: All uses not specifically permitted are prohibited. Area, setbacks, height, density, floor area ratio: Area: Area, which shall be one (1) acre or more, provided that the area is appropriate for commercial planned development as outlined in subsection G of this Zone. The gross area proposed for develop- ment in any C-P-D Zone shall be shown on the preliminary site plan; Building Restr|ction Line: (within the building restriction areas in commercial and industrial zones or within twenty-five (25) feet from the right-of-way line of properties within said zones, which- ever is less, no fence, wall, structure, automobile parking area, unloading area or other impervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor - 50 - 1974-18 C-P-D Zone shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director) (no building need be set back more than the average setbacks of the buildings within one hundred (100) feet on either side) be Front: Twenty-five (25) foot setback except that on a street which has a right-of-way of less than fifty (50) feet the BRL shall be fifty (50) feet from the established center line; On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s). Setbacks: (except where contiguous to residential property where twenty-five (25) foot setback required) a. Side: NR; b. Rear: NR. 4. Maximum height: Se No wall of any structure shall be exposed more than six (6) stories but in no event shall the height of any building ex- ceed sixty (60) feet measured on all exposed external walls; Any mechanical equipment placed outside any building must be adequately screened to harmonize with the general appearance and character of the building. Density: Residential: The maximum residential density, which shall not in any event exceed four (4) dwelling units per gross acre, shall be determined in accordance with standards contained in subsection G of this Zone and shall be computed on the pre- liminary site plan. Residential uses in Commercial Planned Development may be waived by the City Council, provided the City Council finds that such waiver would be beneficial to the City and to the developer; Commercial: There shall be required in every C-P-D Zone a minimum of one thousand (1,000) square feet of commercial gross floor area for each dwelling unit. Floor area ratio: The maximum gross floor area of all structures (not including enclosed parking structures), which shall not in any event exceed one (1) square foot of floor area for each gross square foot of land within any C-P-D Zone as shown on the pre- liminary site plan, shall be determined in accordance with standards contained in subsection G of this Zone and shall be computed on the preliminary site plan. -51 - 1974-18 C-P-D Zone E o Parking Requirements: (within the building restriction areas in commercial and industrial zones or within twenty-five (25) feet from the right-of- way line of properties within said zones, whichever is less, no fence, wall, structure, automobile parking area, unloading area or other im- pervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director) 1. Residential: Two (2) parking spaces per dwelling unit; 2. Office facilities: One (1) parking space for every three hundred (300) square feet of gross floor area of office facilities; 3. Places of public assembly: One (1) parking space for every four (4) seats based on maximum seating capacity; 4. Other: One (1) parking space for every one hundred fifty (150) square feet of gross floor area. Compliance with parking requirements shall be shown by computations on the preliminary site plan. In approving said plan the City Council may permit a reduction in parking requirements not exceeding ten (10) percent of the total parking. F. Procedures: Preliminary submission: A potential applicant who wishes to apply for change of zoning of property to the C-P-D Zone may in advance of filing an official application submit a general development plan to the Director of Planning and request a hearing before a joint ~ublic meeting of the City Council and the Planning Commis- sion for the purpose of guidance and comment concerning proposed development. No official action shall be taken by either the Planning Commission or the City Council at said meeting and no commitments shall be made by the City or any agency thereof at said meeting; General Development Plan: A general development plan may be general in nature and schematic in form but must show the following: ao Proposed land use in each of the following categories: apartments and apartment houses, commercial offices, other commercial public use, open space, and other uses; bo General building locations, suggested height of buildings, estimated number of dwelling units, estimated gross square feet of commercial uses; - 52 - 1974-18 C-P-D Zone o c° Proposed traffic circulation; Proposed schedule of development; Proposed number of residents, school children, estimated vehicles per 24 hours, estimated cost-sales price of dwelling units, estimated rental per square foot of commercial, and any other pertinent information dealing with the economic feasibility of the proposed site. Official submission: In addition to the general filing require- ments for all applications for change of zoning the applicant shall submit with his application for change of zoning of land to the C-P-D Zone a general development plan and a preliminary site plan; Preliminary site plan: following information: A preliminary site plan shall include the a. Total area; b. Gross area proposed for residential uses and total number of proposed dwelling units; c. Gross floor area of all structures and floor area ratio; d. Proposed locations of all buildings; e. Proposed use of all structures; f. Proposed setbacks from all property lines and from all non- residential structures to the nearest residential structure; g. Proposed height of all structures within the proposed develop- ment; h. Proposed coverage; i. Proposed residential density per gross acre; j. Proposed number of parking spaces and location of parking areas; k. Proposed methods of landscaping and screening; 1. Proposed methods of internal circulation, ingress and egress; m. Existing contours per National Oceanic and Atmospheric Ad- ministration (USC&GS); n. Proposed improvements to adjacent public streets; - 53 - 1974-18 C-P-D Zone o. All pedestrian walkways; p. Proposed common open space; q. Proposed gross floor area of all commercial development; A study of anticipated cost to the City to maintain and service the uses in the area to be developed. Said study shall substantially conform to and provide information accordin9 to the guidelines adopted from time to time by the City Council. The guidelines shall be made available to the applicant at the office of the Director of Public Services; s. A development schedule showing the stages of development if required. 5. Review and approval of preliminary site plan: Upon determination by the Zoning Administrator that the con- tent of the preliminary site plan is complete in accordance with the above requirements, the plan and application shall be sub- mitted to the Planning Commission. The Planning Commission shall promptly consider the pre- liminary site plan and the rezonin9 application and hold a public hearin9 thereon in accordance with the standards here- inafter set forth and in accordance with the provisions con- tained in Title 15.1, Chapter ll, Article 8 of the Code of Virginia Annotated. Within ninety (90) days of receipt by the Planning Commis- sion of the preliminary site plan and application for rezoning, the Planning Commission will transmit the plan and application to the City Council together with its recommendations as to ap- proval, approval with modification, or disapproval of said plan. The City Council shall consider the preliminary site plan and application for rezoning and hold a public hearing thereon in accordance with the standards hereinafter set forth and in accordance with the provisions contained in Title 15.1, Chapter 11, Article 8 of the Code of Virginia Annotated. The City Council shall approve, approve with modifications, or disapprove the preliminary site plan and application for re- zoning within thirty (30) days after a public hearing thereon, upon determination that said plan complies with the standards hereinafter set forth. In approving a plan, the Council may establish such conditions and may require such modifications as shall assure compliance with said standards and regulations. - 54 - 1974-18 C-P-D Zone In the event that a preliminary site plan shall be disap- proved by the City Council, the application for rezoning shall be deemed to be denied. In the event that a preliminary site plan shall be approved with modifications by the City Council, the Council may continue the public hearing on the rezoning applica- tion to a date certain in order to permit the applicant to modify the development plan in accordance with such modifications. 6. Procedure for Final Site Plans: Approval of the preliminary site plan and the application for rezoning shall constitute authority for the applicant to prepare final site plans in accordance with the standards contained in subsection G of this Zone, and in conformity with the approved preliminary site plan. Approval of said final site plans shall be in accordance with Section 3.172 through 3.180, except as follows: Separate final site plans shall be submitted for each develop- ment stage or unit as set forth in the approved preliminary site plan; A final site plan for a particular development stage or unit other than the first, shall not be approved until the final site plan has been approved for the immediately preceding stage or unit; Co Minor deviations from the preliminary site plan shall be per- mitted in the final site plan when the Director of Public Services determines that such are necessary due to require- ments of topography, drainage, structural safety or vehicular circulation, and such deviations will not materially alter the character of the approved preliminary site plan including the proposed development sequence. In no case shall such deviations include the elimination of any building shown or the addition of any building not shown on the approved preliminary site plan. Neither will such deviations increase the density or alter the height or setback limitations. Any changes not authorized by this paragraph shall require resubmission of the preliminary site plan in accordance with the procedures con- tained herein; do The final site plan shall be approved within eighteen months from the date of approval of the preliminary site plan. If a final site plan is not approved within said period, approval of the preliminary site plan, and consequent authority to sub- mit a site plan, shall terminate and development by the ap- plicant in accordance with the C-P-D regulations shall require resubmission of a preliminary site plan in accordance with the procedures set forth in this subsection F. - 55 - 1974-18 C-P-D Zone Standards: The following standards shall be applied by the Planning Commission in recommending and by the City Council in considering a preliminary site plan, and by the Director of Public Services in con- siderin9 a final site plan: The plans shall permit commercial development to meet the City's needs in an organized and orderly manner and shall afford adequate protection to adjacent and surrounding properties, provide adequate parking and adequate and safe circulation and ingress and egress, and shall be so designed that development in accordance therewith will not adversely affect the health, safety or general welfare of persons residing or working in the neighborhood of the proposed development, will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood; The area included within any single C-P-D Zone shall be sufficient in size to justify planned development of the entire area as a unit in furtherance of the purposes of this ordinance; The permitted height of buildings and required setbacks from property lines and required distances between structures within a C-P-D development shall be determined in the context of the preliminary site plan as a whole, adjacent buildings and uses both within and without the zone; Density: The maximum residential density allowed and the maximum square footage of commercially designated floor space shall be determined in the context of the plan as a whole, shall not ad- versely affect adjacent development and shall be consistent with existing and proposed public facilities and the other standards contained in this ordinance; Screening: Fences, walls or vegetative screening shall be pro- vided where necessary to screen improvements, glare, uses or other influences having an adverse impact either on the commercial planned development or on adjacent property; Principal vehicular access to a commercial planned development shall be from streets and roads capable of supporting existing traffic and the traffic that will be generated by the commercial planned development. Access points shall be designed to provide smooth traffic flow, controlled turning movements, and minimum hazard to vehicular or pedestrian traffic. Merging and turnout lanes and traffic dividers shall be provided where existing or anticipated heavy flows of traffic indicate such need; 7. Pedestrian access shall be arranged so as to provide safe and con- venient routes to, from and within commercial planned development; - 56 - 1974-18 C-P-D Zone Ho Traffic visibility, both automotive and pedestrian, shall be pre- served as follows: no impediment to visibility between two and one-half ( 2 1/2) and seven (7) feet above center line grades shall exist at the intersection of any street or road within a commercial planned development or at its perimeter within a triangle beginning at the intersection of right-of-way edges (projected if round corners exist), thence twenty-five (25) feet along said edges, thence along the line connecting those two points; Within a commercial planned development, streets, roads, driveways and parking, loading and service areas shall be designed so as to provide safe and convenient vehicular access to all uses and facilities; 10. The developer shall provide for and establish an organization or other legal entity for the perpetual ownership and maintenance of any common areas designated on the preliminary site plan. Such organization shall be created by covenants running with the land, and such covenants shall be included as part of the final site plan and subject to approval by the City Attorney and City Council; 11. Where several parcels of land in the same ownership or land in different ownerships is shown on a preliminary site plan adequate assurances including, if necessary, covenants running with the land, shall be provided to assure that the parcels shown will be developed. Subdivision: Nothing in this section shall prohibit the subdivision of land within a C-P-D Zone for purpose of deed of trust or sale; provided, however, that any owner proposing to subdivide shall satisfy the City Council that such subdivision will not violate any of the standards contained in this ordinance, and shall submit documents with the pre- liminary subdivision plat assuring the continued common use of all parking or other areas shown on the preliminary site plan for such uses, which documents shall be approved by the City Attorney and recorded among the land records of Fairfax County, Virginia, at the same time the approved subdivision plat is recorded. I. Other Applicable Sections: 1. Erosion and Sedimentation Control: See Section 15. 2. Trees: See Section 17. 3. Architectural Control District: See Sections 13 and 18. 4. Storm Drainage Facilities: See Section 19. 5. General Regulations and Provisions: See Section 3. 6. Performance Standards: See Section 12. - 57 - 1974-18 C-P-D Zone Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters, storm drainage structures, Sidewalks, entrances and exits, and approval thereof by the Director of Public Services. Variance: Where by reason of exceptional shape or area, exceptional topographic conditions, conditions created by a condemnation, or other extraordinary or exceptional situation or condition, wherein the ap- plication of any requirement of the Zoning Ordinance would result in peculiar and exceptional practical difficulty or hardship upon the developer or owner of such property, the Planning Commission may recom- mend and the City Council shall have the power to grant a variance from any requirement of the Zoning Ordinance so as to relieve such difficulties or hardships, provided such relief can be granted without substantially impairing the intent and purpose of the Zoning Ordinance. The Board of Zoning Appeals shall have no authority to vary the pro- visions of the Zoning Ordinance as they relate to the C-P-D Zone. - 58 - 1974-18 C1-L Limited Office Zone Purpose This zone fills the need for a zoning classification which will allow "limited" office development. The intent is to permit, in transitional zones between residential and commercial areas, office buildings which in height and appearance resemble residential development and which will not adversely affect the character of any nearby residential community. C1 -L The following regulations shall apply in all C1-L districts: A. The following uses are permitted by right: 1. Banks and offices for business and professional, including medical, legal, insurance, real estate, and similar offices. B. Thetfollowing uses may be permitted subject to securing a special use permit as provided in Section 5: 1. Banks with drive-in teller windows. Co Building Type: All buildings erected under provisions of this section shall have an exterior design so as to present the appearance of one or more single family residential structures. D. Uses Prohibited: All uses not specifically permitted are prohibited. E. Height, area, setback and lot width: 1. Maximum height: No wall of any structure shall be exposed more than three (3) stories but in no event shall the height of any building ex- ceed thirty-five (35) feet measured on all exposed external walls; be No mechanical equipment shall be placed on the roof, and any mechanical equipment placed outside the building must be adequately screened to harmonize with the general ap- pearance and character of the building; if the lot borders residential, all air conditioning condensers must be placed on a side of the building away from adjacent residential property and must be screened for sound as well as aesthetics; c. Section 3.07 does not apply. - 59 - 1974-18 C1-L Zone e Lot area: a. Minimum lot area: NR; b. Maximum lot area: Forty-three thousand five hundred fifty- nine (43,559) square feet; c. Average lot area: NR. Building Restriction Line: (within the building restriction areas in commercial and industrial zones or within twenty-five (25) feet from the right-of-way line of properties within said zones, which- ever is less, no fence, wall, structure, automobile parking area, unloading area or other impervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director) Front: Twenty-five (25) foot setback except that on a street which has a right-of-way of less than fifty (50) feet the BRL shall be fifty (50) feet from the established center line; On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s). Setbacks: (except where contiguous to residential property where twenty-five (25) foot setback required) a. Side: Twelve (12) feet; b. Rear: NR. 5. Lot width: Minimum lot width at BRL: Other Applicable Sections: NR. 1. Site Plan: See Section 3 subsection 3.17 et seq. 2. Parking: See Section 6. 3. Erosion and Sedimentation Control: See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. - 60 - 1974-18 C1-L Zone G o 7. General Regulations and Provisions: See Section 3. 8. Performance Standards: See Section 12. Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters, storm drainage structures, sidewalks, entrances and exits, and approval thereof by the Director of Public Services. -6] - 1974=18 C-1 Zone Commercial Zone The following regulations shall apply in all C-1 districts: A. The following uses are permitted by right: Banks, offices for professional, government, or business uses, hospitals for the treatment of human beings, nursing homes, churches and funeral homes; Such ancillary uses as clinics, schools of special instruc- tion complying with Section 14 of this ordinance except that a trade school may be operated only in a distri:ct where the practice of the particular trade taught is per- mitted as a commercial enterprise, pharmacies or medical supply services, barber shops, beauty shops, restaurants, newsstands, photographic services, florists, gift shops, optical stores and services, are permissible by right; provided they are located completely within a said pro- fessional governmental or business office building, and provided further that such ancillary uses do not occupy more than 20% of the total usable floor space of said office building. B o The following uses may be permitted subject to securing a special use permit as provided in Section 5: 1 Electric transformers and substations; 2 Telephone repeater stations and exchanges; 3 Dial centers; 4 Dancing areas; 5 Lodge halls; 6 Commercial tennis courts; Commercial or educational television and radio stations without towers. Uses Prohibited: prohibited. All uses not specifically permitted are Height, area, setbacks and lot width: Maximum height: No wall of any structure shall be exposed more than six (6) stories but in no event shall the height of any building exceed sixty (60) feet measured on all exposed external walls. - 62 - 1974-18 C-1 Zone E o 2. Lot area: a. Minimum lot area: NR; o b. Average lot area: NR; Building Restriction Line: (within the building restric- tion areas in commercial and industrial zones or within 25 ft. from the right-of-way line of properties within said zones, whichever is less, no fence, wall, structure, automobile parking area, unloading area or other imper- vious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director) Front: twenty-five (25) foot setback except that on street which has a right-of-way of less than fifty (50) feet the BRL shall be fifty (50) feet from the estab- lished center line; On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s). Setbacks: (except where contiguous to residential property where 25 foot setback required) a. Side: NR; b. Rear: NR; Other Applicable Sections: 1. Site Plan: See Section 3 subsection 3.17 et seq.~ 2. Parking: See Section 6. 3. Erosion and Sedimentation Control: See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. 7. General Regulations and Provisions: See Section 3. 8. Performance Standards: See Section 12. - 63 - 1974-18 C-1 Zone F o Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters, storm drainage structures, sidewalks, entrances and exits, and approval thereof by the Director of Public Services. - 64 - 1974-18 C-2 Zone Commercial Zone The following regulations shall apply in all C-2 districts: A. The following uses are permitted by right: l. Banks, offices for professional, government, or business uses, hospitals for the treatment of human beings, nursing homes, churches and funeral homes; 2. Such ancillary uses as clinics, schools of special instruc- tion complying with Section 14 of this ordinance except that a trade school may be operated only in a district where the practice of the particular trade taught is per- mitted as a commercial enterprise, pharmacies or medical supply services, barber shops, beauty shops, restaurants, newsstands, photographic services, florists, gift shops, optical stores and services~ 3. Automobile sales, (not including exterior storage of junk automobiles), fuel oil sales having all tanks underground, lumber and building supply sales, electrical, heating, air conditioning, plumbing or painting sales or services, pro- vided all materials, equipment, vehicles or machinery are stored entirely in buildings enclosed on all sides, or within such walls, fences, or planting as may be pre- scribed by the Planning Commission; 4. Retail stores, laundromats, cleaning, pressing and tailoring shops, printers, theaters, public utility use excluding prop- erty yards, hotels, motels, provided that commercial uses shall be conducted entirely within enclosed buildings with no outside display of merchandise. B. The following uses may be permitted subject to securing a special use permit as provided in Section 5: 1. Carnivals, circuses and fairs limited to not more than two (2) weeks' duration; 2. Veterinarians and animal hospitals; 3. Open air theaters; 4. Pony rings; 5. Riding stables; 6. Other eating establishments provided that within any 24-hour period at least 75 percent of customers are - 65 - 1974-18 C-2 Zone 7 8 9 10 11 12 13 14. 15. served prepared food while seated at tables, booths or counters, and consume such food or refreshment within the building; Electric transformers and substations; Telephone repeater stations and exchanges; Dial centers; Dancing areas; Lodge halls; Commercial tennis courts; Commercial or educational television and radio stations without towers; Commercial recreational uses, including but not limited to miniature golf courses, indoor and outdoor tennis courts, golf driving ranges, iceskating rinks, roller skating rinks, bowling alleys and billiard parlors, provided that such use shall be in harmony with the general purpose and intent of the zoning regulations and map, and provided further that such use will not be objectionable by reason of smoke, dust, odor, vibration, noise or sight, and will not tend to adversely affect the use of neighboring properties or the welfare of persons living or working in the neighborhood of the proposed use. In imposing any conditions the Board of Zoning Appeals shall have the power to require the posting of a bond to ensure compliance with such conditions; Rental of utility trucks and trailers, with nonconforming automobile service stations, provided: a. That such service station is located on a lot having an area of at least 15,000 square feet; b. That open storage and display of such rental units shall be confined to one area of said lot, specific- ally designated in the special use permit, not exceeding in size ten (10) percent of the total area of said lot; c. That no such rental units shall be stored or displayed within the front setback line of said lot; d. That the storage and display area for such rental units shall be improved as required for off-street parking; and - 66 - 1974-18 C-2 Zone e o Any storage and display area adjacent to (whether immediately abutting or not) a lot in an R zone shall be screened. Uses Prohibited: prohibited. All uses not specifically permitted are D. Height, area, setbacks and lot width: E o Maximum height: No wall of any structure shall be exposed more than six (6) stories but in no event shall the height of any building exceed sixty (60) feet measured on all exposed external walls. 2. Lot area: a. Minimum lot area: NR; b. Average lot area: NR; Building Restriction Line: (in C-2 Zone, no building need be set back more than the average setbacks of the buildings within 100' on either side.) (within the building restriction areas in commercial and industrial zones or within 25 ft. from the right-of-way line of properties within said zones, whichever is less, no fence, wall, structure, automobile parking area, un- loading area or other impervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director) Front: twenty-five (25) foot setback except that on a street which has a right-of-way of less than fifty (50) feet the BRL shall be fifty (50) feet from the established center line; On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s). o Setbacks: (except where contiguous to residential property where 25 foot setback required) a. Side: NR; b. Rear: NR. 5. Lot width: Minimum width at front setback line: NR. Other Applicable Sections: I. Site Plan: See Section 3 subsection 3.17 et se_~_q_. 2. Parking: See Section 6. - 67 - 1974-18 C-2 Zone 3 4 6 7 8 Erosion and Sedimentation Control: See Section 15. Trees: See Section 17. Architectural Control District: See Sections 13 and 18. Storm Drainage Facilities: See Section 19. General Regulations and Provisions: See Section 3. Performance Standards: See Section 12. Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters, storm drainage structures, sidewalks, entrances and exits, and approval thereof by the Director of Public Services. - 68 - 1974-18 C-3 Zone Commercial Zone The following regulations shall apply in ali C-3 districts: A. The following uses are permitted by right: Banks,. offices for professional, government, or business uses, hospitals for the treatment of human beings, nursing homes, churches and funeral homes; Such ancillary uses as clinics, schools of special instruc- tion complying with Section 14 of this ordinance except that a trade school may be operated only in a district where the.practice of the particular trade taught is per- mitted as a commercial enterprise, pharmacies or medical supply services, barber shops, beauty shops, restaurants, newsstands, photographic services, florists, gift shops, optical stores and services; Automobile sales, (not including exterior storage of junk automobiles), fuel oil sales having all tanks underground, lumber and building supply sales, electrical, heating, air conditioning, plumbing or painting sales or services, pro- vided all materials, equipment, vehicles or machinery are stored within such walls, fences, or planting as may be prescribed by the Planning Commission; Retail stores, laundromats, cleaning, pressing and tailoring shops, printers, theaters, public utility use excluding property yards, hotels, motels, provided that commercial uses shall be conducted entirely within enclosed build~.ng~ with no outside display of merchandise. 5. Automobile service stations; Automobile repair garages; Drive-in restaurants or prepared food sales operations which are predominantly carry-out and less than seventy- five (75) percent of the food sold is consumed within a permanent building on the premises; Drive-in laundry or drive-in cleaning establishments; Other retail stores or operations which use no perma- nent building or a building of less than two thousand (2,000) square feet on the ground level in a location other than a shopping center of at least ten (10) different retail or service stores or establishments; - 69 - 1974-18 C-3 Zone B o lO. Automobile laundries, excluding gasoline pumping facilities. The following uses are permitted subject to securing a special use permit as provided in Section 5: 1. Carnivals, circuses and fairs limited to not more than two (2) weeks' duration; 2. Veterinarians and animal hospitals; 3. Open air theaters; 4. Pony rings; o Riding stables; Other eating establishments provided that within any 24-hour period at least 75 percent of customers are served prepared food while seated at tables, booths or counters, and consume such food or refreshment within the building; 7. Electric transformers and substations; 8. Telephone repeater stations and exchanges; 9. Dial centers; IO. Dancing areas; ll. Lodge halls; 12. 13. 14. Commercial tennis courts; Commercial or educational television and radio stations without towers; Commercial recreational uses, including but not limited to miniature golf courses, indoor and outdoor tennis courts, golf driving ranges, iceskating rinks, roller skating rinks, bowling alleys and billiard parlors, provided that such use shall be in harmony with the general purpose and intent of the zoning regulations and map, and provided further that such use will not be objectionable by reason of smoke, dust, odor, vibration, noise or sight, and will not tend to adversely affect the use of neighboring properties or the welfare of persons living or working in the neighborhood of the proposed use. In imposing any conditions the Board of Zoning Appeals shall have the power to require the posting of a bond to ensure compliance with such conditions; - 70 - 1974-18 C- 3 Zone 15. Rental of utility trucks and trailers, with noncon- forming automobile service stations, provided: That such service station is located on a lot having an area of at least 15,000 square feet; That open storage and display of such rental units shall be confined to one area of said lot, specifi- cally designated in the special use permit, not exceeding in size ten (10) percent of the total area of said lot; That no such rental units shall be stored or dis- played within the front setback line of said lot; That the storage and display area for such rental units shall be improved as required for off-street parking; and Any storage and display area adjacent to (whether immediately abutting or not) a lot in an R zone shall be screened. 16. Automobile laundries with gasoline pumps may be permitted on the premises for the sale of gasoline for motor vehicles immediately prior to or subsequent to the washing or cleaning of such vehicles, provided that all vehicle parking and standing space requirements of this ordinance are met; 17. Automobile service stations with automobile laundry facilities. Uses Prohibited: All uses not specifically permitted are prohibited. Area, setback and height: Lot area: None required for uses permitted in Commercial-1 and Commerclal-2 zones. Twenty-two thousand (22,000) square feet minimum for other use; Building Restriction Line: (within the building restriction areas in commercial and industrial zones or within 25 feet from the right-of-way llne of properties within said zones, whichever is less, no fence, wall, structure, automobile parking area, unloading area or other impervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director) -71 - 1974-18 C- 3 Zone a o Front: Twenty-five (25) foot setback from any public right-of-way; Service Stations: Seventy-five (75) foot set- back from any public right-of-way, provided that the front twenty-five (25) feet shall be grassed and landscaped except that a gasoline pump or pump island may be located within twenty- five (25) feet of any public right-of-way. On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s). Setbacks: ~a. Side: Minimum setback twenty-five (25) feet; b. Rear: Minimum setback twenty-five (25) feet. Maximum height: No wall of any structure shall be exposed more than six (6) stories but in no event shall the height of any building exceed sixty (60) feet measured on all exposed external walls. Special Screening Requirements: In addition to provisions for landscaping, screening from adjacent R, RT and M Districts shall be in accordance with the following re- quirements: 1. The twenty-five (25) foot rear, side and front set- backs shall be grassed and landscaped in accordance with the plan approved by the Zoning Administrator; 2. The side and rear landscaping areas may be reduced to five (5) feet provided that there is erected a five (5) foot high masonry wall with decorative brick facing the adjacent property. Said wall shall be located as close to the adjacent property as practical. All construc- tion shall be in accordance with all building require- ments and provided further, that the applicant must submit to the Zoning Administrator a plan showing the style, type and decoration to be used on said wall. Other Applicable Sections: 1. Site Plan: See Section 3 subsection 3.17 et seq. o Parking: See Section 6. Erosion and Sedimentation Control: See Section 15. - 72 - 1974-18 C-3 Zone o 5. 6. 7. 8. G. Trees: See Section 17. Architectural Control District: See Sections 13 and 18. Storm Drainage Facilities: See Section 19. General Regulations and Provisions: See Section 3. Performance Standards: See Section 12. Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters, storm drainage structures, sidewalks, entrances and exits, and approval thereof by the Director of Public Services. - 73 - 1974-18 I-1 Zone Industrial Zone The following regulations shall apply in all I-1 districts: A. The following uses are permitted by right: 1. Electronic or similar data processing centers; 2. Research and development, excluding laboratories where animals or livestock are used for research; 3. Printing and publishing plants; Manufacture or assembly of small electrical or electronic devices, instruments, parts or equipment or of musical instruments, optical or dental goods, toys, novelties, photographic equipment and similar uses; B. The following uses are permitted subject to securing a special use permit as provided in Section 5: 1. Governmental uses; 2. Plant nurseries; 3. Electric transformers and substations; 4. Telephone repeater stations; 5. Schools of special instruction. C. Uses Prohibited: All uses not specifically permitted are prohibited. D. Area, setback, height and coverage: 1. Area: No minimum lot area required. Building Restriction Line: (Within the building restriction areas in commercial and industrial zones or within 25 ft. from the right- of-way line of properties within said zones, whichever is less, no fence, wall, structure, automobile parking area, unloading area or other impervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the ~iann~ng Director.) a. Front: There shall be a minimum of twenty-five (25) feet front setback which shall be grassed and landscaped; b. On corner lots the front BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s). - 74 - 1974-18 Setbacks: a. Side: None; b. Rear: Same as side yard; Adjacent to R, RT or M districts: There shall be fifty (50) foot setback where an I-1 district is adjacent to any R, RT or M district and said area shall be landscaped and screening erected pursuant to a plan approved by the Planning Director. Maximum Height: No building nor the enlargement of any existing building shall exceed a height equal to the height of the most restrictive adjacent zoning district. Coverage: The maximum percent of the lot that may be covered with building, parking and loading facilities shall not exceed eighty-five (85) percent of the total lot area. E. Special Screening Requirements: In addition to provisions for landscaping, screening from adjacent properties shall be in accordance with the following requirements: On any lot in an I-1 district there shall be erected a fence or wall as required by the Planning Director under the following conditions: a. On every lot Tn an I-1 district that is abutting an R, RT or M district; b. On every lot in an I-1 district that is across the street from an R, RT or M district. F. Other Applicable Sections: 1. Site Plan: See Section 3 subsection 3.17 e_~_t seq. 2. Parking: See Section 6. 3. Erosion and Sedimentation Control: See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. 7. General Regulations and Provisions: See Section 3. 8. Performance Standards: See Section 12. - 75 - 1974-18 Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters, storm drainage structures, sidewalks, entrances and exits, and approval thereof by the Director of Public Services. - 76 - 1974-18 I-2 Zone Industrial Zone The following regulations shall apply in all I-2 districts: A. The following uses are permitted by right: 1. Wa rehouses; 2. Property yards; 3. Wholesale houses; 4. Bakeries; 5. Lumber yards; 6. Sale and rental of construction equipment; 7. Fuel oil sales; 8. Contractors (heating, electrical, etc.); 9. Electronic or similar data processing centers; 10. Research and development, excluding laboratories where animals or livestock are used or research; l l. Printing and publishing plants; 12. Manufacture or assembly of small electrical or electronic devices, instruments, parts or equipment or of musical instruments, optical or dental goods, toys, novelties, photographic equipment and similar uses. B. The following uses may be permitted subject to securing a special use permit as provided in Section 5: 1. Bulk petroleum storage; 2. Laundries and dry cleaning plants; 3. Bottling plants; 4. Monument works; 5. School of special instruction; - 77 - 1974-18 Ce 6. 7. 8. 9. 10. Il. 12. 6. Other manufacturing and industrial uses for which satisfactory evidence is presented that such uses will comply with the performance standards as established in Section 12 of this ordinance, and for which satisfactory evidence is also presented that such uses will not adversely affect any contiguous district by reason of smoke, dust, or hazard of explosion. 7. Ice skating and roller skating rinks~and gymnastic centers. All uses not allowed in Sections A and B are prohibited including the following: 1. Automobile graveyards; 2. Junk yards; 3. Manufacture or refining of ammonia, chlorine, brick, cement, gypsum, lime, coke, creosote, dye, explosives, fertilizer, gas, glue, rubber, or acid; 4. Blast furnaces; Rolling mills; Fat, grease, lard or tallow manufacture; Flour mill; Lumber mill; Petroleum refinery; Curing of hides or skins; Rendering plant; Other uses offensive by reason of smoke, dust, or hazard of explo- sion. Area, setback and height: 1. Lot area: No minimum lot area required. 2. Building Restriction Line: (Within the building restriction areas in commercial and industrial zones or within 25 ft. from the right- of-way line of properties within said zones, whichever is less, no fence, wall, structure, automobile parking area, unloading area or - 78 - 1974-18 other impervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director.) a o Front: The front setback shall be measured from the established center line of the street. Said setback shall be equal to one- half (1/2) of the distance of the required right-of-way as shown on the adopted Comprehensive Plan, plus twenty-five (25) feet; b. On corner lots the front BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s). 3. Setbacks: a. Side: None; b. Rear: None; Adjacent to R, RT or M districts: There shall be a fifty (50) foot setback, and said area shall be landscaped and screening erected pursuant to a plan approved by the Zoning Administrator. Maximum Height: No wall of any structure shall be exposed more than six (6) stories but in no event shall the height of any building ex- ceed sixty (60) feet measured on all exposed external walls. Coverage: The maximum percent of the lot that may be covered with building, parking and loading facilities shall not exceed eighty- five (85) percent of the total lot area. Special Screening Requirements: In addition to provisions for landscaping, all exterior storage and/or display shall be screened, pursuant to a plan approved by the Zoning Administrator, so as not to be visible from any public right-of-way. F. Other Applicable Sections: 1. Site Plan: See Section 3 subsection 3.17 et seq. 2. Parking: See Section 6. 3. Erosion and Sedimentation Control: See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. 7. General Regulations and Provisions: See Section 3. - 79 - 1974-18 8. Performance Standards: See Section 12. Ge Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters, storm drainage structures, sidewalks, entrances and exits, and approval thereof by the Director of Public Services. - 80 - This ordinance shall become effective immed- iately upon its adoption by the City Council of the City of Fairfax, Virginia. Adopted: December 17, 1974. Attest: Cit~ Cl~erk - 8] -