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19991012 1999-24ORDINANCE NO. 1999- 24 AN ORDINANCE TO AMEND THE DEFINITION OF MINOR HOME OCCUPATIONS IN THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, CHAPTER 26, ARTICLE 1, SECTION 26-4, TO ALLOW MINOR HOME OCCUPATIONS IN MULTI-FAMILY DWELLING UNITS. WHEREAS, provisions do not currently exist in the zoning regulations to allow minor home occupations in multi-family dwelling units; and WHEREAS, minor home occupations are appropriate residential uses in multi-family dwelling units; and WHEREAS, the use of minor home occupations in multi-family dwelling units would not generate a greater volume of traffic than would normally be expected from a multi-family residence; and WHEREAS, the use of minor home occupations in multi-family dwelling units would not generate a greater need for parking spaces than would normally be required for a multi- family residence. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that the definition of Minor Home Occupation in Article 1, Section 26-4 of the Code of the City of Fairfax, Virginia be amended to read in its entirety as follows: Section 26-4 Minor Home Occupation: The use of an area located within a dwelling unit for business or commercial purposes, with the exception of home telecommuting for an employer located elsewhere, by a person for whom the dwelling unit is the primary residence and in which he or she does actually reside during non-business hours. Minor home occupations are subject to the following restrictions: (a) No person other than a member of the family residing on the premises shall be engaged in the occupation; (b) There shall be no visible evidence (including signs of any size) of the minor home occupation in the outside appearance of the premises; (c) The minor home occupation shall generate no greater volume of traffic than would normally be expected from a single-family residence; (d) The business or commercial use shall not generate any need for parking spaces; and (e) No equipment shall be used other than that normally used for domestic, hobby, household or small office purposes in a single-family residence. Any of the occupations listed under the definitions of "major home occupation" may qualify as a minor home occupation provided that the proposed use meets the criteria listed above. The term "minor home occupation" shall not include any funeral home, kennel, veterinarian office, animal hospital, nursery school, motor vehicle repair establishment, or establishment in which goods are offered for sale. 1999-24 -2 The ordinance shall become effective as provided by law. Planning Commission Heating: City Council Hearing: ADOPTED: September13,1999 Octoberl2,1999 Octoberl2,1999 Mayor Date ATTEST: The vote to adopt was 6-0, recorded as follows: Vote: Councilman Coughlan Yes Councilman Greenfield Yes Councilman Lederer Yes Councilman Petersen Yes Councilman Rasmussen Yes Councilman Silverthome Yes