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19921208 1992-40ORDINANCE NO. ] 992-40 AN ORDINANCE TO AMEND ARTICLE I, SECTION 26-4; ARTICLE II, DIVISION 8 AND ARTICLE XVI, SECTIONS 26- 187, 26-187.1, 26-188 AND 26-189 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, TO AMEND REGULATIONS PERTAINING TO INDUSTRIAL USES, DEFINITIONS THEREOF AND PERFORMANCE STANDARDS GOVERNING SUCH USES. WHEREAS, the Comprehensive Plan recognizes that only "limited industrial" uses are appropriate for the size and character of the City and encourages "establishment of those business sectors which are desirable and appropriate and which are currently under-represented in the City"; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that Article I, Section 26-4 of the Code of the City of Fairfax, Virginia, is hereby amended to include the following: Section 26-4 Definitions AUCTION HOUSE: A building, structure or use for the purpose of conducting public sales of items sold to the highest bidder. BULK PETROLEUM STORAGE: A petroleum storage facility consisting of, but not limited to, containers, tanks, equipment, apparatus, and all piping, fittings and appliances used or intended to be used for the storage, processing, handling, use or movement of flammable or combustible liquids. For the purpose of this definition, "fuel sales" and "automobile service station" are not included. FUEL SALES: Property, structures and storage facilities for fuel, having a capacity of no greater than 49,000 gallons, used for the retail sales and distribution of fuel for energy generating purposes including, but not limited to, heating, cooling and lighting. For the purpose of this definition, "automobile service station" and "bulk petroleum storage" are not included. HEAVY EQUIPMENT AND SPECIALIZED VEHICLE SALE, RENTAL, STORAGE AND SERVICE ESTABLISHMENT: Buildings and premises for the sale, rental and servicing of trucks, buses, boats, mobile homes, trailers, and farm and construction machinery or equipment, but not including any vehicle designed primarily for the transportation of nine (9) or less passengers. REFRESHMENT AREA: Any establishment serving food or refreshments for compensation which: (a) Is an ancillary use within a principal use; (b) Exists primarily for the comfort, conveniences or necessity of the occupants, customers or workers in the principal use; and 1992 -40 (c) Does not occupy more than fifteen (15) percent of the gross floor area of the principal use except that in the I-2 district may occupy up to forty-nine (49) percent of total gross floor area of the principal use. SPECIALIZED RETAIL SUPPLY AND EQUIPMENT REPAIR: An establishment or use engaged in the retail sale and repair of equipment and tools designed for uses permitted in the industrial district and for specialty techniques or occupations including, but not limited to, photography, photoengraving, cartography and surveying. BE IT FURTHER ORDAINED that Article II, Division 8, Section 26-49 is hereby amended as follows: Section 26-49, Applicability of division. No use shall be established or conducted in any C-2, C-3, I-1 or I-2 district in any manner in violation of this division. This division shall be in addition to the requirements of Articles III through XVI and shall not in any way modify or lessen said requirements nor be read so as to permit any uses not permitted therein.(12-7-60, Section 12). BE IT FURTHER ORDAINED that Article XVI Sections 26-187, 26-187.1, 26-188 and 26-189 are hereby amended to read as follows: Section 26-187. Purpose. The 1-2 zone is designed to provide a district where a wide range of industry and industry-oriented activities may locate. It provides for types of assembly, light manufacturing, wholesale, warehouse, storage and repair uses or a combination of any of the above which may include auxiliary retail use, provided that the retail use is by its nature an integral part of the dominant industrial use, and which may also include office use, provided that the office use is by its nature compatible with the industrial use. All uses established and conducted in this district shall comply with the performance standards as established in Division 8 of Article II and shall not adversely affect other uses within the district or within any contiguous district. (Ord. No. 1977-18). Section 26-187.1. Permitted uses-by right. The following uses are permitted by right: (a) Uses permitted by right in the I-1 Industrial District. (b) Warehouses and storage buildings, including accessory apartment units. (c) Property yards. 1992-40 -3 (d) (e) (g) (h) (i) (j) (k) (1) (m) (n) (o) (p) (q) (r) Wholesale houses including pharmaceutical, medical and optical supply houses. Bakeries or food products processing businesses or establishments. Lumberyards and other bmlding material yards. Fuel sales. Contractors (including, but not limited to heating, electrical, plumbing, building and similar businesses or establishments). Clinical-pathology and nuclear medicine analysis,research and production facilities or laboratories including such ancillary uses as the retail sale and distribution of diagnostic products made at such facilities or laboratories. Specialized retail supply and equipment repair related to or compatible ~rith the uses permitted by right in this district. Postal and other governmental classification and distribution centers. Public utility installations and yards. Retail activities and refreshment areas as a part of any of the uses permitted by fight, provided that any such activities are by their nature accessory to the permitted uses in this district. The combined area of such accessory uses shall constitute no more than forty-nine (49) percent of the total gross floor area of the principal use. Office activities, provided that any such office activity is by its nature related to or compatible with, and subordinate to, the uses permitted by right in this district. Animal grooming establishments. Motor vehicle towing services provided that exterior storage areas shall be screened as required by Section 26-191. Automobile laun&T facilities. Catalog sales facilities or establishments. (12-7-60, Section 11; 12-17-74; Ord. No. 1976-34, 12-14-76; Ord. No. 1977-18; Ord. No. 1989-7, 3-28-89) Section 26-188. Permitted uses-with special use permit. The fellowing uses may be permitted subject to securing a special use permit as provided in Division 13 of Article II. 1992-40 (a) (b) (c) (d) (e) (0 (g) (h) (i) ~) (k) (1) Uses permitted by special use permit in the I-1 Industrial District. Dry cleaning and pressing plants, including laundries and rug and carpet cleaners; Bottling plants; Commercial recreational and related ancillary uses including but not limited to ice skating and roller skating rinks, gymnastic centers, swim facilities, tennis barns and bowling alleys; Veterinarian hospitals or animal boarding facilities. Motor vehicle repair establishment, including body and fender repair, truck repair and overhaul, motorcycle repair and sale of used motor vehicles; provided, however, that such vehicles for sale are limited to those which have been accepted for repair, subsequently not claimed by owners and sold to pay for services rendered. Trucking or moving establishments; Other manufacturing and industrial uses for which satisfactory evidence is presented that such uses will comply with the performance standards as established in Division 8 of Article II, and for which satisfactory evidence is also presented that such uses will not adversely affect any other property or district by reason of product or substance releases, leakage or spills, odor, smoke, dust or hazard of explosion; Amusement machine uses. Heavy equipment and specialized vehicle sale, rental, storage and service establishments. Auction houses provided that sales items that are stored in an exterior location must meet zoning requirements for setbacks, parking, screening and other pertinent features. Reserved. (12-7-60, Section 11; 12-17-74; Ord. No. 1977-18; Ord. No. 1980-5, Section 4, 3-11-80; Ord. No. 1981-10, Section 3, 7-14-81; Ord. No. 1982-20, Section 7, 6-22-82; Ord. No. 1982-32, Section 3, 9-28-82; Ord. No. 1984-19, Section 6, 11-27-84; Ord. No. 1988-14, 6-28-88) Section 26-189. Uses Prohibited. All uses not allowed in sections 26-187.1 and 26-188 are prohibited including the following: (a) Automobile graveyards; (b) Junkyards; 1992-40 -5 (c) (d) (e) (g) (h) (i) d) (k) (1) (m) (n) Manufacture or refining of ammonia, chlorine, brick, cement, gypsum, lime, coke, creosote, dye, explosives, fertilizer, gas, glue, rubber or acid; Blast furnaces; Rolling mills; Fat, grease, lard or tallow manufacture; Flour mill; Lumber mill; Petroleum refinery; Curing of hides or skins; Rendering plant; Bulk petroleum storage excluding construction of a structure, which structure is incidental to the principal use, provided that such construction enhances the safe or environmentally sound operation of the principal use. Asphalt mixing plants; Other uses offensive by reason of product or substance releases, leakage or spills, odor, smoke, dust or hazard of explosion. (12-7-60, Section 11; 12-17-74) This ordinance shall become effective as provided by law. Planning Commission Hearing: November 9, 1992 City Council Hearing: December 8, log7 ADOPTED: December 8, 1992 ! ;Date Attest: C~y C~rk