20041130 2004-25PROPOSED ORDINANCE NO. 2004-25
AN ORDINANCE TO AMEND CHAPTER 110 OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA TO MODIFY ARTICLE I AND ARTICLE XIV TO DEFINE AND
REQUIRE SPECIAL USE PERMITS FOR BIG BOX COMMERCIAL DEVELOPMENTS,
MOTELS, SEAFOOD MARKETS, MINI-MALLS AND GROCERY STORES.
WHEREAS, the City Council has determined that many large commercial uses are
)otentially disruptive to nearby residential neighborhoods, as well as to the conduct of
)usiness in retail and office areas and to highway circulation; and
WHEREAS, Article XIV of the Zoning Ordinance was established to provide areas for
)ffice and general business establishments and uses accessory or complementary thereto; and
WHEREAS, large retail uses, motels, seafood markets, mini-malls and grocery stores
have operating characteristics that are more likely to be disruptive than are other large
commercial uses;
NOW, THEREFORE, BE IT ORDAINED, by the City Council that Article I, Chapter
110 of the Code of the City of Fairfax, Virginia is hereby amended to provide the following:
Sec. 110-4. Definitions.
Bed and breakfast means a single-family dwelling unit in which accommodations
limited to eight or less rooms within the principal structure are rented for periods not to
exceed 14 consecutive days per guest.
Big box retail means any retail use that occupies more than 15,000 square feet of floor
~rea.
Billboard means a nontemporary sign advertising a business, product or service
available at a location other than the location of the sign.
Governmental use means the use of land and buildings maintained by any
governmental agency for administrative, cultural, educational, health or welfare purposes, for
water supply, sewerage, police protection or for park, playground or automobile parking
purposes, but not including any materials or equipment yard.
Grocery store means any store that sells food and household supplies.
Heavy equipment and specialized vehicle sale, rental, storage and service
establishment means buildings and premises for the sale, rental and servicing of trucks, buses,
boats, mobile homes, trailers and farm and construction machinery or equipment, but not
including any vehicle designed primarily for the transportation of nine or less passengers.
Height means the height of any structure shall be considered as the vertical distance
from the average elevation of the existing grade at the ground level of the structure to the
level of the highest point of the structure with the average height of each wall measured
separately as of June 10, 1976. The height shall be measured to the level of a flat roof, to the
deck line of a mansard roof and to the average height level between the eaves level and ridge
for a gambrel or gable roof. In no case will berming be allowed which results in the creation
of additional stories beyond those allowed in article II of this chapter.
Hotel means a building containing sleeping rooms for rental or hire to transients and
travelers and designed to give access to all rooms from the interior of the building. The term
shall not include motels, motor lodges, tourist cabins and rooming houses.
Industrial center means a development on one acre or more of land containing two or
aore separate commercial buildings which are principally industrial, that are planned,
developed, designed or managed as a commercial group, whether or not located on the same
lot and providing on site parking in relationship to the types and sizes of establishments.
Major thoroughfare means a street of four lanes or more.
Mini-mall means a building or portion of a building not greater than one hundred
thousand (100,000) square feet in floor area that operates as a collection of three or more
retail businesses that are generally accessible one to the other without the need to travel
outside the building.
Ministorage warehouse means a building consisting of small, individual, self-
contained units that are leased or owned for the storage of business and household goods.
Monopole means a single, self-supporting pole-type structure, tapering from the base
to the top and supporting a fixture designed to hold one or more telecommunications
antennas.
Motel means a building containing sleeping rooms for rental or hire to transients and
travelers and designed to give direct access to all or some sleeping rooms from outside the
building.
Motor vehicle repair establishment means an area of land including any structure
thereon used for the repair or maintenance of motor vehicles as a commercial business. An
area of land or structure used for the occasional, incidental repair or maintenance of a motor
vehicle registered to the resident for personal use shall not be deemed a motor vehicle repair
establishment.
School of special instruction means a school primarily devoted to giving instruction in
vocational, professional, commercial, musical, dramatic, artistic, terpsichorean, linguistic,
scientific, religious or other special subjects; but not including: (i) a nursery school; (ii) a
riding school however designated; or (iii) a school for the handicapped.
Seafood market means a retail establishment specializing in the sale of freshwater or
saltwater fish and/or other seafood.
Semi-detached house means two dwellings separated by a party wall, each dwelling
being on a separate lot.
BE IT FURTHER ORDAINED that Article XIV, Chapter 110 of the Code of the City
of Fairfax, Virginia is hereby amended to provide the following:
Sec. 110-782. Same--With special use permit.
(a)
The following uses are permitted in the C-2 retail commercial district with a special
use permit issued by the city council in accordance with the provisions of section 110-
366:
(1)
Uses permitted by special use permit issued by the city council in the C-1
office commercial district.
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(2)
(3)
(4)
(5)
(6)
(7)
(8)
Commercial parking facilities.
Theaters other than movie theaters.
Amusement arcades.
Establishments that meet the definition of specialty food establishments except
that delivery service may be provided.
The enlargement, extension, reconstruction or structural alteration of
nonconforming uses, buildings, lots, and/or locations in the C-2 district may be
authorized by special use permit; provided, however, that any new construction
or extension of existing improvements shall conform with the requirements of
section 110-783, except to the extent that those requirements may be modified
by special exception. The application for a special use permit shall be
accompanied by a conceptual development plan containing the information
specified in subsection 110-802(a)(4)i.
Drive-through facilities for pharmacies.
Leased off-site parking of new vehicles offered for sale by automobile
dealerships, subject to the following standards in addition to the criteria
established in subsection 110-366(3):
The associated automobile dealership leasing such off-site spaces for
new vehicle parking shall be located in the city.
bo
Leased off-site parking shall not be located in Old Town Fairfax
(historic and transition districts).
Co
Leased off-site parking must be on a lot that is conforming (including
landscaping, lighting, and signage) with respect to the requirements of
the C-2 district and all applicable requirements of this Code and that is
consistent with the policies established in the community appearance
plan and comprehensive plan.
do
Leased parking spaces must be excess parking currently existing on the
lot, based on calculation of required parking for existing uses or
assuming all general retail uses, whichever is greater. If there is no
existing building on the site, the parking calculation shall be based on
site development at maximum permitted floor area ratio.
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The applicant shall submit a parking study, conducted by an
independent consultant with appropriate expertise, that analyzes the
current and proposed parking demand on the subject lot, circulation
patterns, site access and site layout.
Unless waived by city council, leased parking spaces shall not be
located within 300 feet of a residential district.
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Each vehicle must be parked in a conforming parking space and on a
lot conforming to city standards. All parking must be in accordance
with the city's parking regulations in accordance with article II, division
6 of this chapter pertaining to off-street parking and loading. Removal
of any vehicle from the lot shall not require moving any other parked
vehicles.
h. No vehicle storage or preparation shall occur on the leased lot.
No dealership personnel may show automobiles to prospective
customers on the off-site leased parking lot.
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No fencing or physical separation of any kind shall be permitted to
isolate or distinguish leased parking areas from required parking areas
on the site.
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No lighting other than standard parking lot light fixtures at customary
intervals and with reasonable intensity shall be permitted. Lighting of
leased areas must be similar to and indistinguishable from lighting on
the remainder of the parking lot in spacing, height, style and intensity.
There may be no ground or building-mounted signage identifying the
use or associated dealership. Other than display of any invoices
required by federal or state law, no signs may be displayed on the
vehicles parked on the off-site leased parking area.
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These provisions apply only to new vehicles offered for sale, 20 feet or
less in length, and do not apply to the sales of other vehicles, nor to
vehicles for rent or lease.
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The provisions in subsection (a)(8) of this section to allow, by special
use permit, leased off-site parking of new vehicles offered for sale by
automobile dealerships in the C-2 district shall sunset on October 1,
2004.
(9)
(lO)
(11)
(12)
(13)
(14)
Ancillary uses within an existing nonconforming automobile service station,
including convenience stores, fast food restaurants, drycleaning
establishments, and car wash services.
Big-box retail uses.
Motels.
Seafood markets.
Mini-malls.
Grocery stores with floor areas greater than five thousand (5,000) square feet.
The following uses are permitted with a special use permit issued by the board of
zoning appeals in accordance with the provisions of section 110-366:
(1)
Uses permitted by special use permit issued by the board of zoning appeals in
the C-1 office commercial district.
(2) Carnivals, circuses and fairs limited to not more than two weeks duration.
(3) Veterinarian offices, animal hospitals.
(4) Commercial recreational uses.
(5) Convenience stores.
(6)
'Code 1978, §
Minor repair of motor vehicles, provided that such business is accessory to the
principal use.
26-172; Ord. No. 2001-13, 10-9-01; Ord. No. 2002-4, 1-8-02)
The ordinance shall become effective as provided by law.
Planning Commission Hearing: October 18, 2004
City Council Heating: November 30, 2004
ADOPTED: November 30, 2004
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Attest:
- '[ ..... Ci't]C]'erk
Mayor
Date
Vote
Aye
Absent
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon Aye
Councilman Rasmussen Absent
Councilman Silverthome Aye
Councilwoman Winter Aye