20050628 2005-10ORDINANCE NO. 2005-10
AN ORDINANCE TO AMEND CHAPTER 110 OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA TO MODIFY ARTICLE II, DIVISION 13; ARTICLE III, ARTICLE
IV; AND ARTICLE V TO REMOVE PROVISIONS FOR CLUSTER SUBDIVISIONS IN
THE R-1, R-2 AND R-3 DISTRICTS.
WHEREAS, Chapter 110 of the Code of the City of Fairfax, Virginia is provided for
purposes that include improving the public health, safety, convenience and welfare of the
citizens of the City of Fairfax and planning for future development to certain ends; and
WHEREAS, the City of Fairfax is virtually built out with regards to new residential
subdivisions, there being little empty land remaining available; and
WHEREAS, provisions for Cluster Subdivisions have been in the City Code since the
1970s yet have rarely been used;
BE IT ORDAINED, by the City Council that Chapter 110, Article II, Division 13 of
the Code of the City of Fairfax, Virginia is hereby amended as follows:
;ec. 110-370.Reserved.
BE IT FURTHER ORDAINED that Chapter 110, Article III of the Code of the City of
Fairfax, Virginia is hereby amended to strike and renumber the following:
;ec. 110-452. Same--With special use permit.
The following uses are permitted in the R-1 residential district with a special use
>ermit issued by city council in accordance with the provisions of section 110-366:
(1) Churches;
(2) Governmental use;
(3) Golf courses;
(4) Plant nurseries;
(5) Hospitals for treatment of human beings;
(6) Nursing homes;
(7) Electric transformers and substations;
(8) Telephone repeater stations;
(9) Clubhouses and grounds not conducted for gain, including swimming pools;
(10) Schools of general instruction and nursery schools complying with the
provisions of article II, division 9 of this chapter;
(11) Lodge halls;
(12) Major home occupations;
(13)
(14)
(15)
Private tennis courts;
Bed and breakfast, provided the following standards are met:
Locational criteria. The use shall be permitted only on streets
designated in the comprehensive plan as arterial or collector or streets
that are located within the highway corridor overlay district.
b. Use criteria.
No restaurant shall be permitted. Food service shall be limited
to breakfast and light fare for room guests and their immediate
family, friends or business associates only.
2. The bed and breakfast shall be owner occupied and managed.
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A log recording the alxival and departure times of all guests
shall be maintained by the owner for inspection by the city upon
request.
c. Site development criteria.
1. Off-street parking.
One parking space shall be provided for each guest
room.
ii.
The guest parking area shall not be located within the
minimum required yards.
111.
The parking area shall be screened from residential
properties adjacent to the parcel or parcels upon which
the bed and breakfast is located by an opaque wooden,
stone, brick or vegetative screen that meets or exceeds
the requirements contained in Screen A, section 110-258
and approved by the zoning administrator.
iv.
The parking area shall be surfaced and maintained with
a dust-free, porous material. A pre-existing paved
surface shall be permitted if approved by the director of
public works as being in good condition.
Telecommunications facilities that, together with the structures on which they
are mounted, exceed 65 feet in height, subject to meeting the policy guidance,
criteria and standards set forth in subsection 110-35(c).
;ec. 110-457. Height, area, setback and lot width.
Height, area, setback and lot width requirements in the R-1 residential district shall be
as follows:
(1) Maximum height. Not to exceed three stories.
(2) Lot area.
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Minimum lot area. Twenty thousand square feet; provided, that one
single-family dwelling and accessory structures may be erected on any
lot recorded prior to December 7, 1960, which contains at least 7,500
square feet of area.
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Average lot area. Twenty-one thousand seven hundred eighty square
feet.
(3) Building restriction line (brO.
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Front. Fifty-foot setback; except that on a street which has a right-of-
way of less than 50 feet the brl shall be 75 feet from the established
centerline;
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On comer lots, the brl shall apply to all streets and the side setback
shall be applied to the remaining property lines;
Co
For lots recorded prior to December 7, 1960, with principal structures
that encroach into the minimum required front yard, second-story
additions shall be permitted over the existing building footprint;
provided that the addition conforms to all other provisions of the
zoning district regulations.
(4) Setbacks.
a. Side. Fifteen feet;
b. Rear. Twenty-five feet;
For any lot recorded prior to December 7, 1960, side setbacks may be
reduced to 12 feet. Further, for lots recorded prior to December 7,
1960, with a minimum lot width at the building restriction line less than
100 feet on an interior lot or less than 125 feet on a comer lot, the side
setback may be reduced three inches for each foot of lot width less than
the required lot width. However, in no case shall a single side yard
setback be less than ten feet, nor the sum of the two side setbacks less
than 24 feet, except as otherwise provided in this article;
d°
For lots recorded prior to December 7, 1960, with principal
structures that encroach into the minimum required side yard,
second-story additions shall be permitted over the existing building
footprint provided that the side yard shall not be less than five feet
and that the addition conforms to all other provisions of the zoning
district regulations.
(5) Lot width. Minimum lot width at the brl.
a. Interior lot. One hundred feet;
b. Corner lot. One hundred twenty-five feet.
(6) Open space. None.
BE IT FURTHER ORDAINED that Chapter 110, Article IV of the Code of the City of
Fairfax, Virginia is hereby amended as follows:
Sec. 110-482. Same--With special use permit.
The following uses are permitted in the R-2 residential district with a special use
~ermit issued by the city council in accordance with the provisions of section 110-366:
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(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(lO)
(11)
(12)
(13)
(14)
Churches;
Governmental uses;
Golf courses;
Plant nurseries;
Hospitals for treatment of human beings;
Nursing homes;
Electric transformers and substations;
Telephone repeater stations;
Clubhouses and grounds not conducted for gain, including swimming pools;
Schools of general instruction and nursery schools complying with the
provisions of article II, division 9 of this chapter;
Lodge halls;
Major home occupations;
Private tennis courts;
Bed and breakfast, provided the following standards are met:
a. Locational criteria. The use shall be permitted only on streets
designated in the comprehensive plan as arterial or collector or streets
that are located within the highway corridor overlay district.
b. Use criteria.
1. No restaurant shall be permitted. Food service shall be limited
to breakfast and light fare for room guests and their immediate
family, friends or business associates only.
2. The bed and breakfast shall be owner occupied and managed.
3. A log recording the arrival and departure times of all guests
shall be maintained by the owner for inspection by the city upon
request.
c. Site development criteria.
1. Off-street parking.
i. One parking space shall be provided for each guest
room.
ii. The guest parking area shall not be located within the
minimum required yards.
iii. The parking area shall be screened from residential
properties adjacent to the parcel or parcels upon which
the bed and breakfast is located by an opaque wooden,
stone, brick or vegetative screen that meets or exceeds
the requirements contained in Screen A, section 110-258
and approved by the zoning administrator.
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(15)
iv.
The parking area shall be surfaced and maintained with
a dust-free, porous material. A pre-existing paved
surface shall be permitted if approved by the director of
public works as being in good condition.
Telecommunications facilities that, together with the structures on which they
are mounted, exceed 65 feet in height, subject to meeting the policy guidance,
criteria and standards set forth in subsection 110-35(c).
Sec. 110-487. Height, area, setback and lot width.
Height, area, setback and lot width requirements in the R-2 residential district shall be
as follows:
(1) Maximum height. Not to exceed three stories.
(2) Lot area.
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Minimum lot area. Twelve thousand five hundred square feet; provided
that one single-family dwelling and accessory structures may be erected
on any lot recorded prior to December 7, 1960, which contains at least
7,500 square feet of area.
b. Average lot area. Fifteen thousand square feet.
(3)
Building restriction line (brO.
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Front. Thirty-five-foot setback; except that on a street which has a
right-of-way of less than 50 feet the brl shall be 60 feet from the
established centerline;
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On comer lots, the brl shall apply to all streets and the side setback
shall be applied to the remaining property lines;
Co
For lots recorded prior to December 7, 1960, with principal structures
that encroach into the minimum required front yard, second-story
additions shall be permitted over the existing building footprint,
provided that the addition conforms to all other provisions of the
zoning district regulations.
(4)
Setbacks.
a. Side. Fifteen feet;
b. Rear. Twenty-five feet;
Co
For any lot recorded prior to December 7, 1960, side setbacks may be
reduced to 12 feet. Further, for lots recorded prior to December 7,
1960, with a minimum lot width at the building restriction line less than
90 feet on an interior lot or less than 115 feet on a comer lot, the side
setback may be less than 115 feet on a comer lot, the side setback may
be reduced three inches for each foot of lot width less than the required
lot width. However, in no case shall a single side yard setback be less
than eight feet, nor the sum of the two side setbacks less than 20 feet,
except as otherwise provided in this article;
do
For lots recorded prior to December 7, 1960, with principal structures
that encroach into the minimum required side yard, second-story
additions shall be permitted over the existing building footprint,
provided that the side yard shall not be less than five feet and that the
addition conforms to all other provisions of the zoning district
regulations.
(5) Lot width. Minimum lot width at brl.
Interior lot. Ninety feet (20 percent of lots in recorded subdivisions
may be five feet narrower than minimum);
Corner lot. One hundred fifteen feet.
(6) Open space. None.
BE IT FURTHER ORDAINED that Chapter 110, Article V of the Code of the City of
Fairfax, Virginia is hereby amended as follows:
Sec. 110-512. Same--With special use permit.
The following uses are permitted in the R-3 residential district with a special use
>ermit issued by the city council in accordance with the provisions of section 110-366:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
03)
(14)
(15)
Churches;
Governmental uses;
Golf courses;
Plant nurseries;
Hospitals for treatment of human beings;
Nursing homes;
Electric transformers and substations;
Telephone repeater stations;
Clubhouses and grounds not conducted for gain, including swimming pools;
Schools of general instruction and nursery schools complying with the
provisions of article II, division 9 of this chapter;
Lodge halls;
Major home occupations;
Private tennis courts;
Rooming houses;
Eleemosynary institutions, subject to the following conditions:
a. Minimum lot area: Thirty-four thousand square feet;
b. No encroachment into front, side and rear yard setbacks with any
parking or structures;
(16)
(17)
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Maximum number of parking spaces permitted shall be no more than
ten, and all parking shall be provided off-street and shall be screened in
such a manner as to be unobtrusive to adjacent uses;
do
The site shall have a common boundary on at least one side by
commercial or industrial zoning;
Bed and breakfast, provided the following standards are met:
ao
Locational criteria. The use shall be permitted only on streets
designated in the comprehensive plan as arterial or collector or streets
that are located within the highway corridor overlay district.
b. Use criteria.
No restaurant shall be permitted. Food service shall be limited
to breakfast and light fare for room guests and their immediate
family, friends or business associates only.
2. The bed and breakfast shall be owner occupied and managed.
o
A log recording the arrival and departure times of all guests
shall be maintained by the owner for inspection by the city upon
request.
c. Site development criteria.
1. Off-street parking.
One parking space shall be provided for each guest
room.
ii.
The guest parking area shall not be located within the
minimum required yards.
iii.
The parking area shall be screened from residential
properties adjacent to the parcel or parcels upon which
the bed and breakfast is located by an opaque, wooden,
stone, brick or vegetative screen that meets or exceeds
the requirements contained in Screen A, section 110-258
and approved by the zoning administrator.
iv.
The parking area shall be surfaced and maintained with
a dust-free, porous material. A pre-existing paved
surface shall be permitted if approved by the director of
public works as being in good condition.
Telecommunications facilities that, together with the structures on which they
are mounted, exceed 65 feet in height, subject to meeting the policy guidance,
criteria and standards set forth in subsection 110-35(c).
,ec. 110-517. Height, area, setback and lot width.
Height, area, setback and lot width requirements in the R-3 residential district shall be
as follows:
(1)
Maximum height. Building height shall not exceed three stories or 35 feet
measured on all exposed external walls; any basement that has any wall three
feet above the ground shall be counted as a story.
(2) Lot area.
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Minimum lot area. Ninety-five hundred square feet; provided that one
single-family or semidetached dwelling and its accessory structures
may be erected on any lot recorded prior to December 7, 1960, which
contains at least 6,000 square feet of area.
b. Average lot area. Ten thousand five hundred square feet; use of out lots
shall not be allowed in computing average lot size.
(3) Building restriction line (bro.
ao
Front. Twenty-five-foot setback; except that on a street which has a
right-of-way of less than 50 feet from the established centerline;
On comer lots, the brl shall apply to all streets and the side setback
shall be applied to the remaining property lines;
Co
For lots recorded prior to December 7, 1960, with principal structures
that encroach into the minimum required front yard, second-story
additions shall be permitted over the existing building footprint
provided that the addition conforms to all other provisions of the
zoning district regulations.
(4) Setbacks.
a. Side. Twelve feet;
b. Rear. Twenty-five feet;
For any lot recorded prior to December 7, 1960, side setbacks may be
reduced to 12 feet. Further, for lots recorded prior to December 7,
1960, with a minimum lot width at the building restriction line less than
70 feet on an interior lot or less than 95 feet on a comer lot, the side
setback may be reduced three inches for each foot of lot width less than
the required lot width. However, in no case shall a single side yard
setback be less than eight feet, except as otherwise provided in this
article;
do
For lots recorded prior to December 7, 1960, with principal structures
that encroach into the minimum required side yard, second-story
additions shall be permitted over the existing building footprint,
provided that the side yard shall not be less than five feet and that the
addition conforms to all other provisions of the zoning district
regulations;
The common or party wall for semidetached houses shall be located on
one side lot line and the other side yard setback and rear yard setback
shall meet the requirements of subsections (4)a. 1. through (4)a.4. of
this section. Simultaneous expansion of semidetached houses with a
common or party wall along the shared lot line shall be permitted;
however, expansion of one unit only shall be subject to the minimum
side yard setbacks as required in subsections (4)a. 1., 3. and 4. of this
section on both side lot lines.
(5) Lot width. Minimum lot width at brl.
a. Interior lot. Seventy feet;
b. Corner lot. Ninety-five feet.
(6) Open space. None.
The ordinance shall become effective as provided by law.
Planning Commission Heating: June 27, 2005
City Council Hearing: June 28, 2005
ADOPTED: June 28, 2005
Attest:
(/ ..... Cit~lerk
Date
The vote on the motion to adopt the ordinance was recorded as follows:
Vote
Councilwoman Cross aye
Councilman Greenfield aye
Councilwoman Lyon aye
Councilman Rasmussen aye
Councilman Silverthome aye
Councilmember Winter aye
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