19920623 1992-16ORDINANCE NO. 1992-16
AN ORDINANCE TO ADD SECTION 26-202 (c), DIVISION 1 ARTICLE
XVIII, CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA
TO ESTABLISH THE FAIRFAX PUBLIC SCHOOL HISTORIC DISTRICT
AND TO ADD SECTIONS 26-209.5, 209.6, 209.7 and 26-209.8, DIVISION 3
ARTICLE XVIII TO ESTABLISH THE FAIRFAX PUBLIC SCHOOL
HISTORIC DISTRICT REGULATIONS
WHEREAS, the City seeks to protect against destruction of or encroachment
upon historic areas; to encourage uses which will lead to their continuance,
conservation and improvement in a manner appropriate to the preservation
of the cultural, social, economic, political and architectural heritage of the city;
and to promote the general welfare, education and recreational pleasure of
the inhabitants of the City of Fairfax,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia that Section 26-202(c) Division 1 Article XVIII of Chapter 26
of the Code of the City of Fairfax, Virginia is hereby added to read in its
entirety as follows:
"(c) Fairfax Public School Historic District. There is hereby created in the city
an historic overlay district to be known as the "Fairfax Public School
Historic District," the boundaries of which are set forth on the city's official
zoning map."
BE IT FURTHER ORDAINED that the Fairfax Public School Historic District
is the property described as Tax Map Parcel 57-4-((2))-138B.
BE IT STILL FURTHER ORDAINED that the remaining subsections of the
Section 26-202 hereby amended shall continue to read as previously enacted.
BE IT STILL FURTHER ORDAINED that a new Division 3 Article XVIII of
Chapter 26 of the Code of the City of Fairfax, Virginia is hereby added to read
in its entirety as follows:
"Division 3. Fairfax Public School Historic District Regulations
Sec. 26-209.5. Permitted uses; by right and with special use permit.
(a) All uses permitted by right and as permitted by special use permit in
the underlying zoning district, as modified by proffers.
(b) All uses permitted by right and as permitted by special use permit in
the Old Town Fairfax Transition Overlay District.
(c) Museums and visitors centers shall be permitted by right.
(d) The following accessory uses shall be permitted by right provided that
the aggregate of all such uses shall be limited to a maximum of twenty (20)
percent of the gross floor area of the existing structure:
(1) Refreshment areas
(2) Gift shops
1992-16
(e) Uses not permitted by the underlying zoning may be permitted with a
temporary special use permit issued by city council, pursuant to the
procedures and limitations set forth in Sec. 26-103, provided that:
(1)
(2)
(3)
Such use is sponsored by a nonprofit organization to promote
tourism, economic development, or education;
Such use will generate no cost to the city for necessary public
services such as, but not limited to, traffic management, crowd
control or litter disposal, unless waived by city council for
good cause;
The applicant submits to the zoning administrator for review
and approval a plan containing sufficient information, as
determined by the zoning administrator, to verify compliance
with the requirements for a temporary use permit and other
applicable City Code regulations and policies to ensure the
public health, safety, and welfare. Such plan shall include the
method and schedule of traffic management, crowd control
and clean-up.
Such plan is approved by the city council. If deemed
necessary by city council, a bond may be required to ensure
compliance with the plan.
Sec. 26-209.6 District regulations.
Structures and premises located within the district shall be subject to the
provisions of this chapter, including the land use and development
regulations of the underlying zoning and any existing overlay district,
except to the extent that those regulations are modified by the provisions of
this article. Where the provisions of this division conflict with any other
provision of this chapter, the provisions of this division shall prevail.
Sec. 26-209.7 Bulk and lot area requirements.
(a) Bulk and lot area requirements shall be the same as those of the
underlying zoning district, except as modified by the Old Town Fairfax
Transitional Overlay District.
(b) Special exceptions: Upon the application of the owner or contract
purchaser for a special exception, the city council may modify the
requirements of this section in accordance with the procedures and
limitations set forth for special use permits in Sec. 26-103 after consideration
of the special design requirements and criteria set forth in Sec. 26-209.8;
provided however, that prior to consideration by council a request for a
special exception shall be forwarded to the BAR for review and
recommendation to the city council.
Sec. 26-209.8. Special design requirements.
Each structure or improvement erected, enlarged or reconstructed in
the Fairfax Public School Historic District shall be designed and constructed
in a manner which will complement the unique character and atmosphere
of the district with respect to building size, scale, placement, design and the
use of materials. Improvements within this district shall be subject to the
review and approval of the BAR for consistency with the aforementioned
standards, the City's Comprehensive Plan and the Community Appearance
Plan."
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1992-16
The Zoning Administrator of the City is hereby directed to modify the Zoning
Map to show the Fairfax Public School Historic Overlay District as described
above and the Clerk of the Council is directed to transmit duly certified copies
of this ordinance to the Zoning Administrator and the Planning Commission
of this City as soon as possible.
This ordinance shall become effective as provided by law.
Planning Commission public hearing: [une 1, 1992
City Council public hearing: [une 23, 1992
Adopted: June 23, 1992
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Date
Attest:
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