19980526 1998-13ORDINANCE NO. 1998- 13
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF FAIRFAX, VIRGINIA,
CHAPTER 26, ARTICLE II, DIVISION 13 (SPECIAL PROVISIONS), SECTION 26-103.3,
SPECIAL EXCEPTIONS; ARTICLE IX, P-D PLANNED DEVELOPMENT DISTRICT;
ARTICLE IX. 1, RPD RESIDENTIAL PLANNED DEVELOPMENT; AND ARTICLE X,
CPD COMMERCIAL PLANNED DEVELOPMENT DISTRICT, TO PROVIDE FOR
EXCEPTIONS TO SETBACK REQUIREMENTS FOR ATTACHED DECKS AND
ACCESSORY STRUCTURES IN THE RESIDENTIAL COMPONENTS OF PLANNED
DEVELOPMENT DISTRICTS.
WHEREAS, provisions do not currently exist in the regulations for the planned
development districts to permit construction of attached decks and accessory structures that
are not adequately addressed on the General Development Plan (GDP)/Preliminary Site Plan
(PSP) that was submitted, as required, with a rezoning application for an established planned
development; and
WHEREAS, an expensive and time-consuming process is currently necessary
involving public hearings before the Planning Commission and City Council to amend an
approved GDP/PSP to permit reasonable flexibility in siting decks and accessory structures on
individual lots in residential components of planned developments; and
WHEREAS, a special exception process has been established in the City Code for the
Board of Zoning Appeals to modify the minimum yard and building setback requirements in
certain residential districts; and
WHEREAS, flexibility to permit reasonable exceptions for proposed construction or
enlargement of decks and placement of accessory structures on lots in planned developments,
subject to approval of the planned development homeowners association, is desirable and
consistent with the City's goals to facilitate residential improvements;
NOW, THEREFORE, BE IT ORDAINED that Sec. 26-103.3 Special exceptions of Article
II, Division 13 (Special Provisions) of Chapter 26 (Zoning) of the Code of the City of Fairfax,
Virginia be amended to read in its entirety as follows:
Sec. 26-103.3 Special exceptions.
The board of zoning appeals may, by special exception, modify the minimum yard and
building setback requirements contained in article II, division 14; article III; article IV; article
V; and may modify the minimum yard and building setback requirements for accessory
structures and attached decks only, on residential properties contained in article IX, article
IX. 1, and article X, in accordance with the following provisions:
(a) Application shall be made to the zoning administrator by the property owner or contract
purchaser. At the time of application, the applicant shall pay a fee in accordance with a
schedule established by the city council.
(b) The applicant shall submit all information deemed necessary by the zoning administrator
to permit adequate review of the application.
(c) For applications concerning residential properties located in PD, RPD, and CPD districts,
the applicant shall submit evidence of approval of the requested special exception by the
applicable homeowners association(s).
(d) The zoning administrator shall review the proposed application and determine if a special
exception is necessary to permit reasonable opportunity to improve the subject property.
(e) Upon determination by the zoning administrator that a special exception is necessary, the
application shall be processed and scheduled for public heating by the board of zoning
appeals, as set forth in section 26-103(b).
(f) The board of zoning appeals may grant a special exception only after determining that the
application meets the following criteria:
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(1) The site for the proposed use is adequate in size and shape, and the proposed use will
not negatively affect adjacent property or the surrounding area,
(2) The special exception will not be inconsistent with the objectives specified in the
Comprehensive Plan;
(3) The applicant has demonstrated that the requirements of this chapter are unreasonable
or impractical due to unusual building design, lot shape or mature vegetation; or there
are practical siting constraints where original placement of the dwelling on the lot
prohibits reasonable improvements that meet existing requirements; and
(4) The proposed structural modifications meet sound residential design objectives to:
a. Minimize loss of privacy on neighboring properties;
b. Maximize image of quality residential development to the street frontage;
c. Maximize window area from living rooms, dining rooms, kitchens, dens and
family rooms facing the street, within the context of the existing building design;
d. Avoid reduction of light and air to neighboring properties; and
e. Minimize development of front yard areas as driveways.
The board of zoning appeals may impose conditions upon any special exception as deemed
necessary in the public interest to secure compliance with the considerations in this section.
BE IT FURTHER ORDAINED that Sec. 26-148.2, Exceptions, be added to Article IX, P-D
Planned Development District, to read in its entirety as follows:
Sec. 26-148.2 Exceptions
(a) Special Exceptions
Notwithstanding any other provisions in this article, the board of zoning appeals may, by
special exception, modify the minimum yard and building setback requirements, for accessory
structures and attached decks only, on established individual residential lots in approved
planned development districts, in accordance with the provisions in section 26-103.3.
(b) Administrative Exceptions
Notwithstanding provisions to the contrary, the zoning administrator is authorized to permit
the location of attached decks, porches and patios that intrude into the required minimum
yards and setbacks within residential portions of this district, provided that:
1. The property owner shall make application to the zoning administrator requesting
an administrative exception and shall provide all information deemed necessary to
consider the application; and
2. The applicant shall submit evidence of approval of the requested exception by the
applicable homeowners association; and
3. The proposed structure shall be permitted no closer than five (5) feet from any rear
property line. This provision is applicable only if said rear property line is
contiguous to common open space within the planned development. For the
purpose of this section, common open space shall not include existing or proposed
streets, or required open space areas that are located along the perimeter of the
planned development; and
4. The proposed structure shall be permitted no closer than one (1) foot from any side
lot line, provided that this exception is necessary to provide reasonable access to
an existing or proposed entrance to the principal or accessory structure; and
5. The zoning administrator shall grant such exception, in whole or in part, only after
determining that the application meets the criteria contained on Section 26-103.3.
BE IT FURTHER ORDAINED that Sec. 26-148.29, Exceptions, be added to Article IX. 1,
RPD Residential Planned Development, to read in its entirety as follows:
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Sec. 26-148.29 Exceptions
(a) Special ExcePtions
Notwithstanding any other provisions in this article, the board of zoning appeals may, by
special exception, modify the minimum yard and building setback requirements, for accessory
structures and attached decks only, on established individual residential lots in approved
planned development districts, in accordance with the provisions in section 26-103.3.
(b) Administrative Exceptions
Notwithstanding provisions to the contrary, the zoning administrator is authorized to permit
the location of attached decks, pomhes and patios that intrude into the required minimum
yards and setbacks within residential portions of this district, provided that:
1. The property owner shall make application to the zoning administrator requesting an
administrative exception and shall provide all information deemed necessary to
consider the application; and
2. The applicant shall submit evidence of approval of the requested exception by the
applicable homeowners association; and
3. The proposed structure shall be permitted no closer than five (5) feet from any rear
property line. This provision is applicable only if said rear property line is contiguous
to common open space within the planned development. For the purpose of this
section, common open space shall not include existing or proposed streets, or required
open space areas that are located along the perimeter of the planned development; and
4. The proposed structure shall be permitted no closer than one (1) foot from any side lot
line, provided that this exception is necessary to provide reasonable access to an
existing or proposed entrance to the principal or accessory structure; and
5. The zoning administrator shall grant such exception, in whole or in part, only after
determining that the application meets the criteria contained on Section 26-103.3.
BE IT FURTHER ORDAINED that Sec. 26-158.1, Exceptions, be added to Article X, CPD
Commemial Planned Development District, to read in its entirety as follows:
Sec. 26-158.1 Exceptions
(a) Special Exceptions
Notwithstanding any other provisions in this article, the board of zoning appeals may, by
special exception, modify the minimum yard and building setback requirements, for accessory
structures and attached decks only, on established individual residential lots in approved
planned development districts, in accordance with the provisions in section 26-103.3.
(b) Administrative Exceptions
Notwithstanding provisions to the contrary, the zoning administrator is authorized to permit
the location of attached decks, porches and patios that intrude into the required minimum
yards and setbacks within residential portions of this district, provided that:
1. The property owner shall make application to the zoning administrator requesting an
administrative exception and shall provide all information deemed necessary to
consider the application; and
2. The applicant shall submit evidence of approval of the requested exception by the
applicable homeowners association; and
3. The proposed structure shall be permitted no closer than five (5) feet from any rear
property line. This provision is applicable only if said rear property line is contiguous
to common open space within the planned development. For the purpose of this
section, common open space shall not include existing or proposed streets, or required
open space areas that are located along the perimeter of the planned development; and
4. The proposed structure shall be permitted no closer than one (1) foot from any side lot
line, provided that this exception is necessary to provide reasonable access to an
existing or proposed entrance to the principal or accessory structure; and
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The zoning administrator shall grant such exception, in whole or in part, only after
determining that the application meets the criteria contained on Section 26-103.3.
The ordinance shall become effective as provided by law.
Planning Commission Heating: May 11, 1998
City Council Heating: May 26, 1998
ADOPTED: May 26, 1998
Attest:
0 0 City Clerk
The vote to adopt was 5-0, recorded as follows:
Vote:
Councilman Coughlan aye
Councilman Greenfield aye
Councilwoman Lyman aye
Councilman Mershon ABSENT
Councilman Rasmussen aye
Councilman Silverthome aye
Mayor
Date