20001114 2000-26ORDINANCE NO..2000-26
AN ORDINANCE TO AMEND CHAPTER 26, TO MODIFY ARTICLE II,
DISTRICT DEVELOPMENT STANDARDS AND REGULATIONS
GENERALLY, DIVISION 5, NONCONFORMING USES, TO
PROVIDE FOR ADMINISTRATIVE APPROVAL OF MINOR
ENLARGEMENTS OF CERTAIN NON-CONFORMING USES
WHEREAS, the City Code regulations regarding site plan requirements do not
adequately reflect the goals and objectives of the Comprehensive Plan;
WHEREAS, both the information required by the City Code to be provided on site
plans and the site improvements required by the City Code for minor site improvements
inhibit revitalization of existing buildings and sites in the City of Fairfax; and
WHEREAS, the City Code provisions for a Certificate of Occupancy to permit land
uses conflicts with certain provisions of the Code of the Commonwealth of Virginia.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Sections 26-31 through 26-38, Chapter 26, of the Code of the City of Fairfax,
Virginia be amended to read in its entirety as follows:
Section 26-31. Purpose of Division.
It is the intent of this division that nonconforming uses are inconsistent with the
purpose of this chapter, that they are recognized and permitted to continue only because they
are antecedent to this chapter, that they be restricted closely, and that although they may be
continued, they shall not be enlarged or extended.
Section 26-31.1 Qualification of nonconforming uses.
(a) Notwithstanding the definitions of "nonconforming building or use,"
"nonconforming lot" and "nonconforming location" in section 26-4, any legally existing
single-family dwelling shall comply with all of the regulations of the zoning district in which
located except for preexisting deficiencies in the lot area, lot width and setbacks, and further
provided that such dwelling would otherwise be a conforming use under the provisions of this
chapter except that it does not meet the lot area, lot width or setback requirements of the
zoning district in which it is located.
(b) If a single-family dwelling is destroyed or damaged by any casualty, it may be
restored or reconstructed within two (2) years after the destruction or damage, provided that
the restoration or reconstruction shall not increase or extend the degree of nonconformity that
existed prior to such damage.
(c) Notwithstanding the definitions of "nonconforming building or use,"
"nonconforming lot" and "nonconforming location" in section 26-4 and the restrictions of
section 26~31.1 (a), the zoning administrator may approve the continuation, alteration, and/or
enlargement of any legally existing commercial, industrial, institutional, or government
building by an amount not to exceed the lesser of five percent (5%) or 5,000 square feet,
provided that the building, location, lot and use shall comply with all of the regulations of the
zoning ordinance except for preexisting deficiencies and further provided that such
enlargement shall not increase the extent of nonconformity. The zoning administrator may
approve such continuation alteration, and/or enlargement only after considering:
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(1) Consistency with the comprehensive plan and other adopted city goals and
policies;
(2) The size and shape of the lot on which the use is proposed;
(3) Vehicular and pedestrian traffic;
(4) Trip generation characteristics of the proposed use;
(5) Site design;
(6) Lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors
which may affect the serenity of the neighborhood;
(7) The safety and movement of vehicular traffic upon adjacent streets;
(8) The safety and welfare of residents living in the area;
(9) The location, height and design of buildings, walls, fences and landscaping
proposed;
(10) Overland impact of the proposed use upon the development and use of
adjacent land;
(11) Safety and welfare of persons working in the neighborhood;
(12) Harmony of the proposal with the general purpose and intent of the
applicable article of the zoning ordinance; and
(13) The purposes of zoning ordinances set forth in section 15.2-2283 of the
Code of Virginia.
Section 26-32. Abandonment of nonconforming uses.
No structure, or land in which a nonconforming use is abandoned for a period of two
(2) years or is superseded by a permitted use subsequent to the enactment of the ordinance
from which this chapter is derived or amendment thereto shall again be devoted to such
nonconforming use.
Section 26-33. Discontinuation of nonconforming structures.
Any nonconforming structure or land which is hereafter damaged to an extent
exceeding sixty (60) percent of its then value by fire, explosion, earthquake, flood, storm or
act of God may not be restored, reconstructed or used for any purpose other than the use or
purpose permissible under this chapter.
Section 26-34. Restoration of nonconforming building or location.
Any building in a nonconforming location which is hereafter damaged to an extent
exceeding seventy-five (75) percent of its then value by fire, explosion, earthquake, flood,
storm or act of God may not be restored except in conformity with the building restrictions
and setback requirements of this chapter.
Section 26-35. Permitted structural alterations.
Nothing in this chapter shall prevent structural alterations which may be required to
restore to a safe or lawful condition any part of a building deemed unsafe or unlawful.
Section 26-36. Reserved.
Editor's note - Ord. No. 1989-38, adopted Aug. 29, 1989, repealed Section 26-36,
which pertained to enlargement, etc., or nonconforming use in C-2 district and derived from
an ordinance adopted Dec. 7, 1960, Section 4 and an ordinance adopted Nov. 15, 1966.
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Section 26-37. Nonconforming signs.
Any sign or sign structure legally existing at the time of enactment of the ordinance
from which this chapter is derived, but not in conformity with its provisions, may be
continued with the following limitations:
Any sign or sign structure which does not conform to this chapter may not be:
(a)
(b)
(c)
(d)
Changed to another nonconforming use.
Extended except in conformity with this chapter.
Reestablished after discontinuance for six (6) months, or
Rebuilt after damage exceeding two-thirds of its value immediately prior to
damage.
No sign found by the city manager to be a nuisance under the provisions of Division 7
of this article shall be allowed to continue as a nonconforming use and shall be removed
immediately.
Section 26-38. Trailers and trailer parks.
(a)
For the purposes of this section, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Trailer: Any vehicle used or maintained for use as a conveyance upon
highways, whether motor power is required or not, so designed and so
constructed as to permit occupancy thereof as a dwelling or sleeping place for
one or more persons.
Trailer lot. A unit of land used or intended to be used by one trailer.
Trailer park. Any site, lot, field or tract of land upon which is located one or
more trailers or which is held out for the location of any trailer. The term
"trailer park" shall include any building, structure, tent, vehicle or enclosure
used or intended for use as a part of the equipment for such park.
(b)
All trailers and trailer parks in the city in existence on December 7, 1960 are
hereby declared to be nonconforming uses and shall be subject to the
provisions of this division.
(c) Each trailer lot shall contain not less than one thousand square feet of ground
exclusive of the ground beneath the trailer.
(d) Adequate space shall be provided for the parking of automobiles in all trailer
parks in accordance with the requirements for dwelling units.
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The ordinance shall become effective as provided by law.
Planning Commission Hearing: October 23. 2000
City Council Hearing: November 14, 2000
Adopted: November 14, 2000
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Petersen
Councilman Rasmussen
Councilman Silverthorne
Vote
Aye
Aye
Aye
Aye
Aye
Aye
ATTEST:
-C0t~ (~rk
Mayor
Date