Loading...
19851008 1985-27ORDINANCE NO. 1985-27 AN ORDINANCE AMENDING AND REORDAINING CHAPTER 16 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO THE REGULATION OF FAST-FOOD RESTAURANTS AND MOTOR VEHICLE SALES, LEASING AND RENTAL ESTABLISHMENTS BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Article XIV of Chapter 26 of the Code of the City of Fairfax, Virginia, be and it hereby is amended by the addition of the following: Section 26-175.1 (6) Fast-food restaurants. a. Each such establishment shall have a minimum lot width of one hundred fifty (150) feet. b. There shall be no less than five hundred (500) feet, measured be- tween the nearest property lines, between each fast-food restaurant and: any other such establishment: any church, school, public auditorium public assembly; or similar place of de ge iii. any residential zoning district. Each refuse disposal area within such development shall be access- ible to refuse disposal vehicles unimpeded by parking spaces. In addition, each such area shall be screened on all sides by a wood fence, masonry walls, or combination thereof compatible with the facade at the main structure. Each free-standing fast-food restaurant planned as part of any mixed-use or shopping center development shall have motor vehicle access only from within such development and not directly to or from a public street. There shall be no less than sixty (60) feet between the curb cut of each entrance to a fast-food restaurant and the point of curvature of the nearest intersection. The location of each stacking lane and the direction of flow shall be clearly demarcated with pavement marking. Where a stacking lane abuts a parking aisle, the area required for the stacking lane shall be in addition to that required for the aisle. No drive-in stacking lane shall be located between parking spaces and any public entrance to such establishment. In addition to other required landscaping and screening, the peri- meter of each such site shall be landscaped with a continuous hedge or landscaped berm at least thirty (30) inches in height. Exterior speakers used in con]unction with any such establishment shall not be audible beyond the property boundaries of such estab- lishment. 1985-27 -2- A conceptual develoDment plan(s) shall be submitted for each such establishment with the application for a special use permit, prep- ared at a scale of not less than one (1) inch equals fifty (50) feet and containing the following: Locations and dimensions of existing and proposed lot lines and rights-of-way. General locations and dimensions of all existin~ and proposed structures, driveways, curb cuts, parking and loading spaces and aisles, stacking lanes and drive-in windows on the site, and median strip openings ad}ac,hr to the site. General locations, types and sizes of all existing and Df.posed on-site landscaping, screening and buffering. General locations and dimensions of proposed refuse disposal facilities. Sketch architectural elevation of each facade facing a l~ublic street indicating the height, architectural style and building materials. Additional information deemed essential bv the Zoning Admi- nistrator or City Council to permit adequate review and evaluation of the proposal. A traffic analysis shall be submitted with the application for a special use permit which shall include current traffic counts for all adjacent roads identifying existing and proposed peak flows. Such analysis shall further include trip generations, proposed internal and external flows, sight distances, pedestrian access characteristics, and other public safety factors as required by the Director of Public Works. Section 26-170.1 (7) Motor vehicle sales, leasing and rental establishments. Each motor vehicle displayed for sales, lease or rent shall be parked within an enclosed structure or upon a parking space which complies with the requirements contained in Article II, Division 6. be The sales, rental or leasine office for such establishment shall be a perm anent structu re. Each parking space for customers and employees shall be so desig- nated with pavement marking or other appropriate signage. do Where a motor vehicle disl)lay area is adjacent to commercially zoned property, the perimeter of such area shall be landscaped with a continuous hedge or landscat)ed berm at least thirty (30~ inches in height. Each vehicle awaiting repair or maintenance shall be parked in a parking space which complies with the requirements contained in Article II. Division 6, within an enclosed structure or within an area screened on all sides by a closed wooden fence or brick wall at least six (6) feet in height. Such fence or wall shall be located no closer than ten (10) feet from any property line adjacent to a "C" or "I" district. Where adjacent to any residential district, such screenin~ shall be located no closer than twenty (20) feet from any property line and landscaped with plant material in accordance with the 1985 -27 -3- typical section and plan contained in Section 26-2~. Each such area shall be screened in a manner which will provide a continuous, year- round buffer of its contents from any residential district. fo Each motor vehicle on such lot which is not Darked upon a parking space meeting the requirements of Article II, Division 6, or within a structure shall be kept in a motor vehicle storage area screened in accordance with Section 26-!7 0.1(Te). Exterior speakers used in conjunction with any such facility shall not be audible beyond the property boundaries of such establish- merit. he There shall be no less than 500 feet measured between the nearest property lines between each motor vehicle sales, leasing and rental establishment and any other such establishment. A conceptual development plan(si shall be submitted for each such establishment with the application for a special use permit, prep- ared at a scale of not less than one (1) inch equals fifty (50~ feet and containing the following: Locations and dimensions of existing and Df.posed lot lines and rights-of-way. General locations and dimensions of all existing and proposed structures, driveways, curb cuts, parking and loading spaces and aisles, and storage areas on the site, and median strip openings adjacent to the site. General locations, types and sizes of all existing and proposed on-site landscaping, screening and buffering. Sketch architectural elevation of each facade facing a public street indicating the height of the proposed and adiacent structures, architectural style and buildin~ materials. Additional information deemed essential by the Zoning Administrator or City Council to permit adequate review and evaluation of the proposal. BE IT FURTHER ORDAINED that Section 26-~ be and it hereby is amended by deleting the definition of "restaurant" in its entirety and replacing it with: "Restaurant: An establishment where food or beverages are prepared, served and consumed primarily within the principal building, the design or principal method of operation of which includes both of the following characteristics: Customers are provided with an individual menu and are served their food or beverages by a restaurant employee at the same table or counter at which said items are consumed. 2. The food or beverages are served on non-disposable plates or containers and non-disposable eating utensils are provided. Customers are not expected to clear their tables or dispose of their trash. Notwithstanding the above, a cafeteria shall be deemed a restaurant if food or beverages are: a. generally consumed within the establishment; and b. served on non-disposable plates or containers and non-disposable eating utensils are provided. 1985-27 A restaurant may provide a carry-out service, provided that such service is clearly not the principal business of such establishment. This definition does not include fast food restaurants and refereshment areas." and "Restaurant, fast food: An establishment which provides as a principal use the sale of food or beverages in a ready-to-consume state for consumption either within such establishment, within a motor vehicle, or off-premises, and the design or principal method of o~eration of which includes one or more of the following characteristics: Pood or beverages are served in edible containers or in paper, or other disposable containers, and eating utensils, if provided, are disposable. Food or beverages are usually served over a general service counter for the customer to carry to seating within the restaurant, to a motor vehicle or off the premises. Sixty (60) percent or more of the gross floor area of the establishment is devoted to food preparation, storage and related activities and is not accessible to the general public. Food or beverages are served to the occupants of a motor vehicle while seated therein such as through a drive-in window. This definition does not include retail grocery stores, convenience stores or other businesses selling food or beverages as a clearly accessory use or for off- premises l~reparation." BE IT FURTHER ORDAINED that Section 26-149b(7) be and hereby is amended by adding the following: "Fast food restaurants meeting the criteria estblished in Section 26-170b." BE IT FURTHER ORDAINED that Section 26-170b be and hereby is amended by adding the following: "Fast food restaurants, provided that such establishment shall be located under the roof of a shopping center, shall have no drive-in window, and shall comprise no more than twenty (20) percent of the gross floor area of such shopping center." BE IT FURTHER ORDAINED that Section 26-170.1a be and hereby is amended by adding the following: "(8). Fast-food restaurants in the Old and Historic District provided that: Such establishment shall only be permitted in an existing structure; Such establishment shall not exceed 2500 square feet in ~ross floor area; c. Such establishment shall have no drive-in window; The characteristics of such use and structure, if altered, shall be congruous with the character and purpose of the Old and Historic District." BE IT FURTHER ORDAINED that Section 26-4 be and hereby is amended by adding the following definition: "Motor Vehicle Storage Area: A delineated area accessory to a motor vehicle sales, leasing or rental establishment which is screened from vublic view in accordance with the provisions of Section 26-175.1(7) and is used primarily for the storage of motor vehicles prior to preparation for display." 1985-27 BE IT FURTHER ORDAINED that Sections 26-150b(D, 26-171(D, 26-175(g) and 26-176(D be and hereby are deleted in their entirety, and that the words "Automobile sales, not including exterior storage of junk automobiles" be and hereby are deleted from Sections 26-170(c~ and 26-175(cL This ordinance shall be effective immediately upon its being si~ned by the Mayor. Planning Commission Hearing: September 23, 1985 City Council Hearing: October g, 1985 Adopted: October 8, 1985 Attest: