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19950124 1995-4ORDINANCE No. 1995-4 AN ORDINANCE TO AMEND ARTICLE XVIII, HISTORIC OVERLAY DISTRICTS, DIVISION 2, OLD TOWN HISTORIC DISTRICT REGULATIONS, SECTION 26-209.2(4) TO DELETE THE DELIVERY SERVICE PROHIBITION FOR FAST FOOD RESTAURANTS OPERATING WITH SPECIAL USE PERMITS IN THE OLD TOWN FAIRFAX HISTORIC DISTRICT. WHEREAS, adoption of the proposed amendment is in the interest of public convenience, welfare and good zoning practices; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Article XVIII, Historic Overlay Districts, Division 2, Old Town Historic District Regulations, Section 26-209.2(4) of the Code of the City of Fairfax is hereby amended to read as follows: DIVISION 2. OLD TOWN FAIRFAX HISTORIC DISTRICT REGULATIONS Sec. 26-209.2. 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. (b) Inns shall be permitted by right, regardless of the underlying zoning. (c) The following additional uses shall be permitted where the underlying zoning is RPD, PD, CPD, C1-L, C-l, C-2 or C-3: (1) Single-family detached dwelling units shall be permitted by right; (2) Single-family attached dwelling units shall be permitted by right; (3) Multifamily dwelling units shall be permitted by right; (4) Fast-food restaurants may be permitted with a special use permit issued by city council provided that: Such establishment shall only be permitted in an existing structure; Such establishment shall not exceed two thousand five hundred (2,500) square feet in gross floor area; c. Such establishment shall have no drive-in window; do The characteristics of such use and structure, if altered, shall be congruous with the character and purpose of the historic district in which they are located. This ordinance shall be effective as provided by law. Planning Commission heating: January 9, 1995 City Council hearing: danuary 24, 1995 Adopted: January 24~ 1995