19940426 1994-8ORDINANCE NO. 1994-8
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA, SECTION 26-4, ARTICLE I; SECTION
26-138, ARTICLE IX; SECTION 26-149, ARTICLE X; SECTION 26-166,
ARTICLE XII; AND SECTIONS 26-171 AND 26-172, ARTICLE XIII,
REGARDING THE DEFINITIONS FOR RESTAURANTS, FAST FOOD
RESTAURANTS, AND SPECIALTY FOOD ESTABLISHMENTS;
SPECIALTY FOOD ESTABLISHMENTS AS A PERMITTED USE IN THE
P-D, CPD, C-! AND C-2 ZONING DISTRICTS; AND SPECIALTY FOOD
ESTABLISHMENTS WITH DELIVERY SERVICE BY SPECIAL USE
PERMIT IN THE C-2 ZONING DISTRICT.
WHEREAS, adoption of the proposed amendment is in the interest of public
convenience, welfare and good zoning practices; and
WHEREAS, the proposed amendments will facilitate efficient review and
approval of land use applications and procedures;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that Chapter 26 of the Code of the City of Fairfax, Virginia,
Section 26-4, Article I; Section 26-138, Article IX; Section 26-149, Article X;
Section 26-166, Article XII; and Sections 26-171 and 26-172, Article XIII, regarding
the definitions for restaurants, fast food restaurants, and specialty food establishments;
specialty food establishments as a permitted use in the P-D, CPD, C-1 and
C-2 zoning districts; and specialty food establishments with delivery service by special
use permit in the C-2 zoning district are hereby amended as follows:
Section 26-4. Definitions
Restaurant: A principal use where food or beverages are prepared, served and
consumed primarily on the premises. In such an establishment, food or beverages are
served to customers at the table or counter where the meal is to be consumed;
nondisposable plates, containers and eating utensils are provided and 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:
(1) Generally consumed within the establishment; and
(2)
Served on nondisposable plates or containers and nondisposable eating
utensils are provided.
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, refreshment areas or specialty food establishments.
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 operation of which includes one or more of the following characteristics:
(a)
Food or beverages are served in edible containers or in paper, or other
disposable containers, and eating utensils, if provided, are disposable.
1994-8 -2
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.
(c)
Sixty (60) per cent 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.
(d)
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
preparation; or specialty food establishments, without drive-in windows, that generate
less than seven hundred (700) average weekday vehicle trip ends.
Specialty food establishment: A retail establishment, which may have seating for
customer convenience, that specializes in the sale of a single food category (such as a
bakery, coffee, ice cream or yogurt shop), has no drive-in window or delivery service
and generates less than seven hundred (700) average weekday vehicle trip ends.
ARTICLE IX. P-D PLANNED DEVELOPMENT DISTRICT
Sec. 26-138. Permitted uses--By right
(b) Commercial:
(1) Office buildings.
(2)
Banks, savings and loan associations, and other financial
institutions.
(3)
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 equipment, medical supplies, clothing and
dry goods, flowers and similar goods and products.
(4)
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.
(5)
Barber shops and beauty parlors, shoe repair and polishing
shops, tailor shops, laundromats and establishments for
receiving and distributing articles for laundering or cleaning.
(6)
Cleaning and pressing establishments having not more than four
pressing machines and one dry-cleaning unit, with a capacity not
1994-8
-3
exceeding fifty pounds using non-inflammable synthetic cleaning
fluid and one shirt pressing unit.
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
Restaurants.
Schools of special instruction not including public dance halls
and riding schools.
Private clubs and eleemosynary institutions.
Schools of general instruction.
Movie theaters and bowling alleys.
Hotels and motels.
Electric transformers and substations.
Telephone repeater stations.
Specialty food establishments.
Sec.
26-149.
ARTICLE X. CPD COMMERCIAL PLANNED
DEVELOPMENT DISTRICT
Permitted uses-By right.
Commercial:
(1) Office buildings;
(2)
Banks, savings and loan associations, and other financial
institutions;
(3)
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 equipment, medical supplies, clothing and
dry goods, flowers and similar goods and products;
(4)
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;
(5)
Barbershops and beauty parlors, shoe repair and polishing
shops, tailor shops, laundromats and establishments for
receiving and distributing articles for laundering or cleaning;
(6)
Cleaning and pressing establishments having not more than four
(4) pressing machines and one dry cleaning unit, with a capacity
-4
1994-8
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
not exceeding fifty (50) pounds using noninflammable synthetic
cleaning fluid and one shirt pressing unit;
Restaurants; fast-food restaurants meeting the criteria established
in section 26-170(b);
Schools of special instruction not including public dance halls
and riding schools;
Private clubs and eleemosynary institutions;
Schools of general instruction;
Movie theaters and bowling alleys;
Hotels and motels;
Electric transformers and substations;
Telephone repeater stations;
Hospitals for the treatment of human beings, nursing homes and
funeral homes.
Inns.
Specialty food establishments.
ARTICLE XII. C-1 OFFICE COMMERCIAL DISTRICT
Section 26-166, Permitted uses-By right.
(a)
Co)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Financial institutions without drive-in facilities.
Offices.
Churches, synagogues and other places of worship.
Funeral homes.
Hospitals.
Nursing home.
Medical and dental clinics.
Schools of special instruction, provided that the practice of the
particular trade taught is a permitted use.
Municipal parking facilities.
Ancillary amusement machine uses provided that no more than two (2)
such machines shall be permitted.
1994-8 -5
(k)
O)
The following accessory uses, provided that they are located completely
within an office building and the aggregate of all such uses does not
occupy more than twenty (20) percent of the gross floor area of the
office building;
(1) Barbershop or beauty shop;
(2) Florist;
(3) Gift shop;
(4) Display and sales of scientific, electronic or medical equipment
of a type not customarily retailed to the general public;
(5) Pharmacies or medical supply services;
(6) Optical stores and services;
(7) Newsstands;
(8) Photographic and photocopy services;
(9) Restaurants, refreshment areas and specialty food
establishments;
(10) Health clubs.
Inns.
ARTICLE XIII. C-2 RETAIL COMMERCIAL DISTRICT
Section 26-171. Permitted uses-By right.
(a)
(b)
(c)
(d)
(e)
(0
(g)
(h)
¢)
Uses permitted by right in the C-1 Office Commercial District.
Retail sales establishments.
Personal service establishments.
Pharmacies or medical supply services.
Hotels and motels.
Movie theaters.
Restaurants and refreshment areas.
Fast-food restaurants which are located under the roof of a shopping
center, have no drive-in window and no delivery service. The total
gross floor area of all fast-food restaurants shall comprise no more than
twenty (20) per cent of the gross floor area of any shopping center.
Specialty food establishments.
1994-8 -6
(j)
(k)
Catering service.
Lumber and building supplies sales; electrical, heating, air
conditioning, plumbing or painting sales or service; provided that all
materials, equipment and vehicles are displayed or stored entirely in
buildings enclosed on all sides, or within walls, fences, or planting
which shield such items from public view.
Section 26-172.
(a)
Same-With Special Use Permit:
The following uses are permitted with a special use permit issued by
city council in accordance with the provisions of section 26-103.
(1) Uses permitted by special use permit issued by city council in
the C-l, Office Commercial District.
(2) Commercial parking facilities.
(3) Theaters other than movie theaters.
(4) Amusement arcades.
(5) Establishments that meet the definition of specialty food
establishments except that delivery service may be provided.
This ordinance shall be effective as provided by law.
Planning Commission hearing:
City Council hearing:
Adopted:
March 28. 1994
April 26, 1994
April 26, 1994
~ x"~ayor
ATTEST: