20030128 2003-4 CORRECTED
ORDINANCE NO. 2003- 4
AN ORDINANCE AMENDING SECTIONS 110-371 THROUGH 110-385,
ARTICLE II, DIVISION 13, CHAPTER 110 OF
THE CODE OF THE CITY OF FAIRFAX, VIRGINIA.
BE IT ORDAINED, by the City Council of the City of Fairfax, that Sections 110-371
through 110-385, Article II, Division 13, Chapter 110 of the Code of the City of Fairfax,
Virginia, is hereby replaced in its entirety as follows:
Sec. 110-371. Outdoor Display Permitted
Temporary and permanent outdoor display, storage, and sale of produce goods, holiday
goods, outdoor-related goods, and general merchandise is permitted under the limited
conditions described in sections A-F below, provided that the sale of such goods is a
permitted use in the applicable zoning district. All other outdoor display, storage, and sale
of goods is prohibited, except as otherwise permitted by the City Code.
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Operational standards for the temporary outdoor display, storage, and sale of
outdoor-related goods not contained within a permanent structure:
3.
4.
5.
6.
Outdoor-related goods shall include, but are not limited to, goods that are
customarily used outside, including plants, flowers, fertilizers, mulch, sod,
gardening tools, lawn equipment, storage sheds, grills, snow blowers, and
firewood, as determined by the Zoning Administrator.
All sales of displayed and/or stored goods must occur inside the retail
establishment.
Such outdoor display, storage, and/or sale of such goods shall be permitted
without specified duration.
The proposed display, storage, and/or sale area shall not impede vehicular
or pedestrian traffic and parking.
The designated display, storage, and/or sale area shall not be located in
required landscape areas.
If applicable, building, electrical, Fire Prevention Code, and Hazardous Use
permits shall be obtained.
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Operational standards for the temporary outdoor display, storage, and sale of
general merchandise:
3.
4.
5.
6.
General merchandise that is displayed and offered for sale outdoors shall
include goods that are customarily sold in connection with an established
retail business on the same lot. Examples of such displays that may be
permitted include sidewalk sales and tent sales.
All sales of displayed and/or stored goods must occur inside the retail
establishment.
Such outdoor display, storage, and/or sale of such goods shall be permitted
for a period not to exceed three (3) days four (4) times per year.
The proposed display, storage, and/or sale area shall not impede vehicular
or pedestrian traffic and parking.
The designated display, storage, and/or sale area shall not be located within
required landscape areas.
If applicable, building, electrical, Fire Prevention Code, and Hazardous Use
permits shall be obtained.
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Operational standards for the temporary outdoor display, storage, and sale of
produce goods and holiday goods sold at independent stands:
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11.
Produce goods shall include fruits and vegetables and other similar goods,
subject to approval of the Zoning Administrator.
Holiday goods shall include, but are not limited to, Christmas trees,
fireworks, and pumpkins, as determined by the Zoning Administrator.
Such outdoor display, storage, and/or sale of produce goods and/or holiday
goods shall be permitted for a period not to exceed thirty (30) consecutive
days four (4) times per year.
A temporary Non-Residential Use Permit for outdoor storage shall be
obtained prior to the commencement of any outdoor display, storage, and/or
sale of goods, except for outdoor storage facilities appurtenant to retail
facilities with approved permanent outdoor storage facilities, governed by
section F below.
Prior to the issuance of any temporary Non-Residential Use Permit for
outdoor storage, a plan shall be submitted to the Zoning Administrator that
designates the display, storage, and sale area to be used. The plan shall
include the property owner's written permission and shall indicate
compliance with setbacks and parking requirements. In addition, the plan
shall illustrate the location of any proposed signage, structures, and/or
stands.
The proposed display, storage, and/or sale area shall not impede vehicular
or pedestrian traffic and parking.
The designated display, storage, and/or sale area shall not be located within
required landscape areas.
A $100 refundable clean-up fee shall be deposited prior to the issuance of a
temporary Non-Residential Use Permit for outdoor storage/display/sales.
Any structures, stands, and accessory materials shall be removed and the
property cleaned up within three (3) days of the temporary Non-Residential
Use Permit termination date in order for the deposit to be refunded.
If applicable, building, electrical, Fire Prevention Code, and Hazardous Use
permits shall be obtained.
No temporary Non-Residential Use Permit shall be issued until the
applicant provides a signed statement indicating his knowledge of and
intention to comply with business license and peddlers permit
requirements.
The requirements for fees and permits are not applicable to displays that
are incidental to the main retail business operating at the site.
Operational standards for the temporary outdoor storage of crates, trailers, and
similar storage units:
°
Crates, trailers, and similar storage units used for the purpose of storing
excess inventory to be sold in connection with an established retail business
on the same lot may be placed outdoors on a temporary basis, subject to
obtaining a temporary Non-Residential Use Permit.
The proposed storage container location shall not impede vehicular or
pedestrian traffic and parking.
A plan of development shall be submitted to the Zoning Administrator and
approved prior to the outdoor placement of any temporary storage unit.
The designated storage area shall not be located within required landscape
areas.
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Operational standards for the permanent outdoor display, storage, and sale of
outdoor-related goods contained within a permanent structure:
Outdoor-related goods shall include, but are not limited to, goods that are
customarily used outside, including plants, flowers, fertilizers, mulch, sod,
gardening tools, lawn equipment, storage sheds, grills, snow blowers, and
firewood, but does not include the display of motor vehicles, which is
governed under City Code Section 110-802(a)(4) for motor vehicle sales,
rental, and leasing establishments.
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The designated outdoor display, storage, and/or sale area shall comply with
parking requirements and setback regulations, and shall be appropriately
screened from public view, subject to approval of the Zoning Administrator.
The designated outdoor display, storage, and/or sale area shall not be
located within required landscape areas.
A minor site plan shall be submitted to the Zoning Administrator and
approved prior to construction of any structure designed for permanent
outdoor display, storage, and sale of outdoor-related goods.
All structures, stands, screening, and accessory materials associated with
the permanent outdoor display and storage of outdoor-related goods shall be
subject to architectural review. The requirement for architectural review
shall not apply to display fixtures that are appropriately screened from
public view.
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Operational standards for the permanent outdoor storage of shopping carts and cart
corrals:
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Shopping carts may be stored outdoors under a building canopy, along a
building frontage, or the perimeter walls of a building, provided that
pedestrian access to the building is not impeded and/or pedestrian traffic is
not forced into a drive aisle or roadway.
Shopping carts may be stored in cart corrals within a parking lot, provided
that the proposed corral storage facilities do not impede vehicular or
pedestrian traffic/parking and do not displace parking required under this
Chapter.
A plan of development shall be submitted to the Zoning Administrator and
approved prior to the installation of any outdoor shopping cart corrals.
Exemptions:
City-sponsored events such as a farmers' market or outdoor craft festival
are subject to review and approval of the City Manager and are exempt
from the permitting requirements and limitations of this section.
Secs. 110-373 through 110-385. Reserved
The ordinance shall become effective as provided by law.
Planning Commission Hearing: October 21, 2002
City Council Hearing: January_ 28, 2003
ADOPTED: January 28, 2003
Mayor
Date
Attest:
The vote on motion to adopt the ordinance was recorded as follows:
Vote
Councilman Cross Aye
Councilman Greenfield Aye
Councilman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthome Aye
Councilman Winter Aye