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20041130 2004-24PROPOSED ORDINANCE NO. 2004-24 AN ORDINANCE TO AMEND CHAPTER 110 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA TO MODIFY ARTICLE II DIVISIONS 1, 7 AND 10, ARTICLE XII, ARTICLE XIX, ARTICLE XX DIVISIONS 1 THROUGH 4, ARTICLE XXI AND ARTICLE XXII TO AUTHORIZE APPROVAL OF ARCHITECTURAL DESIGN, SIGN DESIGN AND LANDSCAPE DESIGN FOR DEVELOPMENT WHERE THE CITY IS AN APPLICANT BY CITY COUNCIL RATHER THAN THE BOARD OF ARCHITECTURAL REVIEW. WHEREAS, the City Council determined exterior architectural features for all construction projects in an architectural control district should be reviewed and approved before construction is permitted to begin; and WHEREAS, the City Council passed authority to review and decide applications requesting approval for exterior architectural features on to the Board of Architectural Review; and WHEREAS, there are currently a large number of properties with significant potential for development where the City might act as applicant; and WHEREAS, significant development where the City is an applicant requires review and approval by the City Council; and WHEREAS, the City Council wishes to eliminate redundant reviews and approvals for development and redevelopment projects; BE IT ORDAINED, by the City Council that Division 1, Article II, Chapter 110 of the Code of the City of Fairfax, Virginia is hereby amended to provide the following: Sec. 110-31. Conformity with chapter; enumeration and purpose of districts. lb) There are hereby established the following districts in the city for the general purposes indicated below... (17) Historic overlay districts. Historic overlay districts are established to promote the general welfare, education and recreational pleasure of the public through the establishment, preservation and protection of the character of historic districts and of individual structures and premises of historical, architectural and cultural significance within these districts... b. In accordance with the provisions of article XIX of this chapter, charges the board of architectural review and the city council with the regulation of: 1. Exterior architectural features and appearance of structures, buildings or improvements to be moved, demolished, erected, reconstructed, substantially altered or restored within historic districts; 2. Significant landscaping features surrounding such buildings, structures or improvements; and 3. The appearance of exterior signs and signs attached to or hanging behind any window that are visible from any public street or place in an historic district. (19) Architectural Control Overlay District. The architectural control overlay district is established to encourage the construction of attractive buildings, to protect and promote the general welfare and to prevent deterioration of the appearance of the city which would tend to create hazards to public health, safety and morals, destroy opportunity for the development of business and industry, and thereby deteriorate taxable land values and commerce below levels necessary to finance acceptable levels of municipal services. In furtherance of these ends, article XXII of this Co chapter: Provides for the designation of architectural control overlay districts within the city; In accordance with the provisions of article XIX of this chapter, charges the board of architectural review and the city council with the regulation of exterior architectural features and appearance of improvements, including certain signs, as well as significant landscape features associated with such improvements to be erected, reconstructed, altered or restored in any such district; and Establishes criteria and references guidelines for approval of such features. BE IT FURTHER ORDAINED that Division 7, Article II, Chapter 110 of the Code of the City of Fairfax, Virginia is hereby amended to provide the following: Sec. 110-180. Signs permitted. b) Special regulations... (2) Multitenant commercial buildings not located within an historic district... a. Shopping centers... 4. Sign approval. In accordance with the provisions of article XIX of this chapter, signs appurtenant to new and renovated shopping centers shall be subject to approval of the board of architectural review or the city council. In its review, the board of architectural review or the city council may establish guidelines for future tenant signage at such shopping center including locations, sizes, colors and other design features. Office or industrial centers... Tenant signs. Buildings within office or industrial centers shall be permitted building-mounted signs identifying individual tenants. Each building shall be permitted, as a matter of right, a maximum cumulative total of such signs not exceeding one-quarter square foot for each linear foot of building frontage. The maximum cumulative total of tenant signage for each building may be increased to not greater than 1.50 square feet for each linear foot of building frontage, provided that a conceptual master plan for all tenant, directory, building identification and center identification signs has been reviewed and approved by the board of architectural review or the city council, in accordance with the provisions of article XIX of this chapter. Such master plan shall include colors and materials of all such signs, and the locations, shapes, maximum dimensions, methods of illumination and other design- related features requested by the board of architectural review or the city council. Only one such master plan shall be required to increase the amount of signage as specified above. Individual tenant signs shall not be subject to subsequent board of architectural review or the city council review, provided that all signs erected are consistent with the approved master plan. The maximum area permitted for any one tenant sign shall be 50 square feet. Individual multitenant commercial or industrial building on a single lot... Tenant signs. Individual multi-tenant commercial or industrial buildings shall be permitted building-mounted signs identifying individual tenants. Each building shall be permitted, as a matter of right, a maximum cumulative total of such signs not exceeding one-half square foot for each linear foot of building frontage. The maximum cumulative total of tenant signage for each building may be increased to not greater than 1.50 square feet for each linear foot of building frontage, provided that a conceptual master plan for all tenant, directory, building identification and center identification signs has been reviewed and approved by the board of architectural review or the city council, 2 / in accordance with the provisions of article XIX of this chapter. Such master plan shall include the information specified in subsection (b)(2)b. of this section. Only one such master plan shall be required to increase the amount of signage as specified in this subsection i. Individual tenant signs shall not be subject to subsequent review by the board of architectural review or the city council, provided that all signs erected are consistent with the approved master plan. The maximum area permitted for any one tenant sign shall be 50 square feet. do Design approval bonus. The permitted sign area for multitenant commercial buildings not located in the Old and Historic District shall be increased by ten percent if the sign design and location are reviewed and approved by the board of architectural review or the city council, in accordance with the provisions of article XIX of this chapter. In its deliberations, the board of architectural review or the city council shall consider the visual appropriateness and uniformity of signs with respect to design, color and location, and their integration with the architectural form of the building. The board of architectural review or the city council may impose conditions for approval relative to such considerations. (4) Old Town Fairfax Historic Overlay District. The design and display of signs in the Old Town Fairfax Historic Overlay District are subject to the provisions of article XVIII of this chapter (historic overlay districts), including applicable design criteria, except as specifically qualified in this chapter... Sign approval. Signs erected or altered in the district are subject to approval by the board of architectural review or the city council, in accordance with the provisions of article XIX of this chapter as specified in article XX of this chapter (historic overlay districts) in addition to administrative procedures contained in section 110-184 (administration and enforcement). In rendering its decision, the board of architectural review or the city council shall consider the criteria contained in section 110-958 (design criteria, section 110-978 (special design requirements) and this section, and shall ensure consistency with the purpose and intent of the district as set forth in article XX of this chapter. If necessary, the board of architectural review or the city council shall impose conditions to ensure compliance with the above stated criteria, including limitation, as appropriate, of the types, styles, sizes and numbers of signs on any building in the district. An applicant may appeal any decision rendered by the board of architectural review to the city council as specified in article XXIII of this chapter. Sec. 110-185. ~ecial exceptions. City council may, by special exception, modify the requirements contained in this division in accordance with the following provisions: (3) (4) Special exceptions for signs within the Old Town Fairfax Historic Overlay District for development where the city is not an applicant shall be granted only after the board of architectural review has reviewed the application and forwarded its recommendation to city council finding that the requested exception is consistent with the purpose and intent of the Old Town Fairfax Historic Overlay District and design criteria contained in sections 110-958 and 110-978. Special exceptions for signs for development where the city is an applicant, including those within the Old Town Fairfax Historic Overlay District, shall be granted only after the city council has reviewed the application and found that the requested exception is consistent with the purpose and intent of the Old Town Fairfax Historic Overlay District and design criteria contained in sections 110-958 and 110-978. The city council shall render its decision after considering review comments or suggestions forwarded by the board of architectural review. Unless otherwise specified by City Council, such comments or suggestions shall be considered at a joint Board of Architectural Review and City Council Work Session. BE IT FURTHER ORDAINED that Division 10, Article II, Chapter 110 of the Code of the City of Fairfax, Virginia is hereby amended to provide the following: Sec. 110-258. Screening required. (a) In all new developments and redevelopments, screening from adjacent property shall conform to the following standards. The board of architectural review or the city council, in accordance with the provisions of article XIX of this chapter, may authorize deviations from these standards, provided that equal or better screening from adjacent properties is provided and the zoning administrator has approved the proposal. Required screening fences separating commercial and residential properties shall be eight feet in height. All other required screening fences shall be six feet in height. All fencing shall be constructed of wood supported by decorative masonry piers and shall provide a solid visual screen. Final design shall be subject to the approval of the board of architectural review or the city council in accordance with article XIX of this chapter. Variations to these standards may be authorized by the board of architectural review or the city council upon recommendation of the zoning administrator, provided that the quality of the proposed screening is equal to or better than that illustrated herein. (b) Each refuse disposal area shall be completely screened from view on all sides by a wall or fence of board-on-board, decorative masonry or other construction of equal or better quality as approved by the board of architectural review or the city council in accordance with article XIX of this chapter. Sec. 110-259. Parking area landscaping. (e) Minor deviations. Minor deviations from the provisions of this section may be permitted by the zoning administrator, with the concurrence of the board of architectural review or the city council, in accordance with the provisions of article XIX of this chapter, provided that the proposed landscaping provides coverage equal to or greater than that required in this division. BE IT FURTHER ORDAINED that Article XII, Chapter 110 of the Code of the City of Fairfax, Virginia is hereby amended to provide the following: Sec. 110-734. Building type. (a) All new buildings erected under the provisions of this article shall be built to resemble a series of townhouses, with any parking under the buildings being fully enclosed. The front and rear facades of a townhouse style building shall be divided vertically so as to appear to be a series of no more than seven individual townhouse units, each being no more than 30 feet wide. The vertical sections of the front and rear facades shall be delineated by differing the building materials, colors, or roof lines, or any combination of these, and the front facade shall present a staggered appearance with no more than two abutting vertical sections having the same front yard setback, the minimum variation being two feet. 4 (b) (c) Any single-family dwelling unit, legally constructed in a residential district and intended and used as a single-family residence, may thereafter be converted to office use, if the property on which it is located shall have been rezoned to the C-1L district; provided, however, that any additions or modifications to the structure which are part of or subsequent to its conversion to commercial use shall not increase the gross floor area of the building by more than 15 percent. Compliance with the provisions of this section shall be determined by the zoning administrator upon recommendation of the board of architectural review or the city council, in accordance with the provisions of article XIX of this chapter. BE IT FURTHER ORDAINED that Article XIX, Chapter 110 of the Code of the City of Fairfax, Virginia is hereby renamed ARCHITECTURAL REVIEW and amended to provide the following: Sec. 110-915. Powers and duties. The board of architectural review shall have the following powers and duties: (1) (2) (3) (4) (5) ao do To review and decide any application requesting approval for moving, demolition, construction, reconstruction, alteration or restoration of any structure, improvement or significant landscape feature within an historic district. To review and decide any application requesting approval for exterior architectural features of any structure, improvement or significant landscape feature associated with such structure or improvement to be erected, reconstructed or substantially altered in an architectural control district. To review and decide any application for approval or request for permits for signs to be erected, altered, reconstructed or restored in an historic district, the Old Town Fairfax Transition Overlay District, and as provided elsewhere in the architectural control district. To render such other decisions and recommendations as provided elsewhere in this chapter. For the purposes of this article and article XX of this chapter (historic overlay districts), article XXI of this chapter (Old Town Fairfax Transition Overlay District), and article XXII of this chapter (architectural control overlay district), the terms "erected," "constructed," "reconstructed", "restored," "construction," "alteration," "exterior architectural features," "structure," "improvement," "features appurtenant to such structure or improvement," "architectural features," "appearance of improvements," "restoration," "reconstruction," "significant landscape feature," "significant landscape improvement," and "substantially altered" shall not include the following minor actions, and similar actions which, in the opinion of the director, will have no more effect on the character of the district than those listed, which are deemed to result in only minor effect on the character of the architectural control or historic district: Addition or modification of doorways, ramps, walkways, shutters, porches, railings and similar features. Addition or removal of awnings. Landscaping involving the planting of grass, trees or shrubs, minor grading, walks, low retaining wails, fencing, street furniture, outdoor seating areas, small fountains, ponds and the like, which will not substantially affect the character of the property and its surroundings. Addition or modification of antennas, satellite dishes or other communications devices, skylights or similar appurtenances. Addition or modification of screening for dumpsters or mechanical equipment, either on the ground or on the structure. Addition or modification of exterior lighting, including poles and fixtures. These minor actions shall be subject to administrative review and decision, upon submittal of an appropriate application pursuant to section 110-917. The director shall be guided in his decisions by the standards and guidelines established for review in the comprehensive plan and the community appearance plan and shall have authority to request modifications of a specific proposal in order that the proposal may comply with such standards and guidelines. The director shall refer to the board of architectural review all applications that are not specifically placed under his purview, or cannot be reasonably implied to be within his purview from the description contained in this section. The director shall issue a certificate of appropriateness, including any conditions, for all approved actions. If an action is disapproved by the director, the applicant may appeal the decision within 30 days thereof to the board of architectural review. The director shall keep a record of decisions rendered under this section and shall report such decisions to the board of architectural review at its next regular meeting. (6) For development where the city is an applicant the city coun'cil shall be responsible for reviewing and making decisions regarding any application described in this section. The city council shall render its decision after considering review comments or suggestions forwarded by the board of architectural review. Unless otherwise specified by City Council, such comments or suggestions shall be considered at a joint Board of Architectural Review and City Council Work Session. BE IT FURTHER ORDAiNED that Division 1, Article XX, Chapter 110 of the Code )fthe City of Fairfax, Virginia is hereby amended to provide the following: Sec. 110-952. Approval required for improvements. No structure or improvement, including signs and significant landscape features appurtenant to such structure or improvement, located on any land within an historic district shall be erected, reconstructed, substantially altered or restored until the plans for architectural features, signs and landscaping have been approved by the board of architectural review or the city council in accordance with the provisions of this article and article XIX of this chapter. The board of architectural review shall confine its review and approval to only those features which are subject to view from a public street, way or place. The provisions of this article shall not apply to regular maintenance of a structure, improvement or site; however, an exterior color change of a structure, or substantial portion thereof, shall be deemed an alteration and not regular maintenance. The term "signs" shall be deemed to include those located within a structure which are plainly visible to motorists on adjacent streets. Sec. 110-954. Permit required for moving or demolition of structures. (a) No structure existing within an historic district on the date of the adoption of this article shall be moved or demolished except in accordance with a permit approved by the board of architectural review or the city council, in accordance with the provisions of article XIX of this chapter. The board of architectural review or city council shall grant such permit unless it finds that: (1) The structure is of such architectural or historic significance that its removal would be detrimental to the public interest or contrary to the purpose of this article; and (2) The structure is of such old and unusual or uncommon design, texture and material that it could not be reproduced or could be reproduced only with great difficulty; or (3) Retention of the structure would help preserve and protect an historic place or area of historic significance in the city; or (4) Retention of the structure would protect the general welfare by maintaining and increasing real estate values, generating business and employment, attracting new residents, as well as tourists, students, writers, historians, artists and artisans, encouraging study and interest in American or Virginia history, stimulating interest and study in architecture and design, educating citizens in American or Virginia culture and heritage, or making the city a more attractive and desirable place in which to live. 6 (b) No request for a permit to move or demolish a structure located in an historic district, which structure existed in the year 1900 or prior thereto shall be considered by the board of architectural review or the city council until the city has caused to be prepared an advertisement stating the time, date and place of the proposed hearing before the board of architectural review or the city council, the location of the property involved and the nature of the request; and further has caused such advertisement to be published once a week for two successive weeks in a newspaper published or having general circulation within the city, the last publication appearing not less than six days nor more than 21 days before the proposed hearing. Requests for such permits shall be made to the secretary, together with a fee of sufficient amount to cover the costs of such advertising. Sec. 110-957. Site plan approval procedure. Within an historic district, each erection, reconstruction and alteration requiring site plan approval shall comply with the procedures established in section 110-102; provided, however, that no site plan shall be approved until it has been reviewed by the board of architectural review or the city council, in accordance with the provisions of article XIX of this chapter, and its comments have been considered by the agent with authority for site plan approval. In addition to the information, standards and improvements required by sections 110-103 and 110-105, the following information shall be provided with each application for site plan approval: (1) The location, exterior dimensions and all setbacks of each structure on any parcel adjacent to the subject site. (2) A statement certified by a professional engineer or certified land surveyor indicating the depth of the front yard of each lot located within the historic district which is within 100 feet on either side of the subject property. Sec. 110-958. Design criteria. (a) In accordance with the provisions of article XIX of this chapter, the board of architectural review or the city council shall review applications and requests for permits filed under this article for consistency with the following standards and criteria... BE IT FURTHER ORDAINED that Division 2, Article XX, Chapter 110 of the Code of the City of Fairfax, Virginia is hereby amended to provide the following: Sec. 110-978. Special design requirements. Each structure or improvement erected, enlarged or reconstructed in the Old Town Fairfax Historic District shall be designed and constructed in a manner which will complement the unique character and atmosphere of the district with respect to building size, scale, placement, design and the use of materials. Improvements with this district shall be subject to the review and approval of the board of architectural review or the city council, in accordance with the provisions of article XIX of this chapter, for consistency with the aforementioned standards, the city's comprehensive plan and the community appearance plan. BE IT FURTHER ORDAINED that Division 3, Article XX, Chapter 110 of the Code of the City of Fairfax, Virginia is hereby amended to provide the following: Sec. 110-998. Bulk and lot area requirements. (a) Generally. Bulk and lot area requirements in the Fairfax Public School Historic District shall be the same as those of the underlying zoning district, except as modified by the Old Town Fairfax Transitional Overlay District. 7 (b) Special exceptions. Upon the application of the owner or contract purchaser for a special exception, the city council may modify the requirements of this section in accordance with the procedures and limitations set forth for special use permits in section 110-366 after consideration of the special design requirements and criteria set forth in section 110-999; provided, however, that prior to consideration by the council a request for a special exception shall be forwarded to the board of architectural review for review and recommendation to the city council. gec. 110-999. Special design requirements. Each structure or improvement erected, enlarged or reconstructed in the Fairfax Public School Historic District shall be designed and constructed in a manner which will complement the unique character and atmosphere of the district with respect to building size, scale, placement, design and the use of materials. Improvements within this district shall be subject to the review and approval of the board of architectural review or the city council, in accordance with the provisions of article XIX of this chapter, for consistency with the aforementioned standards, the city's comprehensive plan and the community appearance plan. BE IT FURTHER ORDAINED that Division 4, Article XX, Chapter 110 of the Code of the City of Fairfax, Virginia is hereby amended to provide the following: Sec. 110-1018. Bulk and lot area requirements. (a) Requirements to be same as for underlying zoning district. Bulk and lot area requirements in the Blenheim Historic District shall be the same as those of the underlying zoning district. (b) Special exceptions. Upon the application of the owner or contract purchaser for a special exception, the city council may modify the requirements of this section in accordance with the procedures and limitations set forth for special use permits and special exceptions in section 110-369 after consideration of the special development requirements set forth in section 110-1019 and the special design requirements and criteria set forth in section 110-1020; provided, however, that prior to consideration by the council a request for a special exception shall be forwarded to the board of architectural review for review and recommendation to the city council. Sec. 110-1020. Special design requirements. Each structure or improvement in the Blenheim Historic District erected, enlarged, or reconstructed in the district shall be designed and constructed in a manner that wilt complement the unique character and atmosphere of the district with respect to building size, scale, placement, design and the use of materials. Improvements within this district shall be subject to the review and approval of the board of architectural review or the city council, in accordance with the provisions of article XIX of this chapter, for consistency with the aforementioned standards, the city's comprehensive plan, and the community appearance plan. BE IT FURTHER ORDAINED that Article XXI, Chapter 110 of the Code of the City of Fairfax, Virginia is hereby amended to provide the following: Sec. 110-1043. Approval required for improvements. No structure or improvement in the Old Town Fairfax Transition Overlay District, including signs and significant landscape features appurtenant to such structure or improvement, located on land within the district shall be erected, reconstructed, substantially altered or restored until the plans for architectural features, signs and landscaping have been approved by the board of architectural review or the city council in accordance with the provisions of this article and article XIX of this chapter. The board of architectural review shall confine its review and approval to only those features which are subject to view from a public street, way or place. The provisions of this article shall not apply to regular maintenance of a structure, improvement or site; however, an exterior color change of a structure, or substantial portion thereof, shall be deemed an alteration and not regular maintenance. Further, the provisions of this section shall not apply to single-family residences after such residences have been initially erected. The term "signs" shall be deemed to include those located within a structure which are plainly visible to motorists on adjacent streets. Sec. 110-1046. Bulk and lot area requirements. Bulk and lot area requirements in the Old Town Fairfax Transition Overlay District shall be as follows: (6) Special exceptions. The city council may modify the requirements of this section in accordance with the procedures and limitations established in section 110-958 after consideration of the special design requirements for the district established below; provided, however, that prior to consideration by the city council, each such request shall be forwarded to the board of architectural review for its recommendation. ;ec. 110-1047. Special design requirements. Each structure or improvement erected or substantially altered within the Old Town Fairfax Transition Overlay District shall be designed and constructed in a manner which will complement the unique character of the Old Town Fairfax Historic District with respect to building size, scale, placement, design and use of materials. Improvements within the district shall be subject to the review and approval of the board of architectural review or the city council, in accordance with the provisions of article XIX of this chapter, for consistency with the aforementioned standards, the city's comprehensive plan and community appearance plan. BE IT FURTHER ORDAINED that Article XXII, Chapter 110 of the Code of the City of Fairfax, Virginia is hereby amended to provide the following: 110-1072. required for improvements. (a) No structure or improvement located on any land within the architectural control overlay district, including significant landscape features appurtenant to such structure or improvement, shall be erected, reconstructed, altered or restored until the plans for the exterior architectural features and landscaping have been approved by the board of architectural review or the city council in accordance with the provisions of article XIX of this chapter. Plans for signs appurtenant to new and renovated shopping centers, and as otherwise provided for multi-tenant commercial buildings in subsection 110-180(b) shall also be subject to board of architectural review or the city council approval. The board of architectural review shall confine its review and approval to only those features which are subject to view from a public street, way or place. The provisions of this article shall not apply to regular maintenance of a structure, improvement or site; however, an exterior color change of a structure, or substantial portion thereof, shall be deemed an alteration and not regular maintenance. (b) Special provisions applicable to the Old Town Fairfax Transition Overlay District, which comprises a portion of the architectural control overlay district, are contained in article XXI of this chapter. Within such article, additional regulations applicable to that district are established, including requirements for the review of signage by the board of architectural review. Sec. 110-1074. Waiver of requirements. The board of architectural review or the city council, in accordance with the provisions of article XIX of this chapter, may, after hearing the evidence in any case properly before it involving reconstruction or restoration, waive part or all of the requirements of this 9 / article upon a written finding that the application involves reconstruction or restoration only and will not materially affect the exterior appearance of the structure involved. Sec. 110-1075. Design criteria. In accordance with the provisions of article XIX of this chapter, the board of architectural review or the city council shall consider the criteria and standards 'contained in subsections 110-958(a)(1) through (8), as well as applicable standards and guidelines contained in the city's comprehensive plan and community appearance plan in its deliberations on applications filed under this article. The board of architectural review shall not consider interior arrangement or features not subject to any public view and shall not make any requirement except for the purpose of ensuring development which will be consistent with the purpose of this article and congruous with the existing and planned development in the city, The ordinance shall become effective as provided by law. Planning Commission Hearings: October 18, 2004 and October 25, 2004 City Council Hearing: November 30, 2004 ADOPTED: November 30, 2004 Attest: '(- - ' CityClerk Date Vote Aye Absent Councilwoman Cross Councilman Greenfield Councilwoman Lyon Aye Councilman Rasmussen Absent Councilman Silverthorne Aye Councilwoman Winter Aye 10