20050222 2005-02ORDINANCE NO. 2005-2
a,N ORDINANCE AMENDING CHAPTER 110, ZONING, OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA, SPECIFICALLY, SECTION 110-4,
DEFINITIONS, AND ARTICLE V, R-3 RESIDENTIAL DISTRICT, TO
PERMIT SINGLE-FAMILY DETACHED DWELLING UNITS AND
FURTHER ELIMINATING SINGLE-FAMILY ATTACHED AND SEMI-
ATTACHED DWELLING UNITS AS PERMITTED USES IN THE R-3
RESIDENTIAL ZONING DISTRICT.
NOW, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia,
that the following definitions in Section 110-4 of the Code of the City of Fairfax, are
hereby amended as follows:
Sec. 110-4. Definitions.
Dwelling, multifamily, means a building containing three or more dwelling units.
Dwelling, single-family attached, means a one-family dwelling physically connected to at
least one other one-family dwelling, each of which has its own front access to the outside, no
unit is located above another unit and each unit is separate from other units by one or more
fire resistant walls, i.e., townhouse.
Dwelling, single-family detached, means a building containing not more than one dwelling
unit entirely separated from structures on adjacent lots by required setbacks.
Dwelling unit means a building or portion thereof physically arranged so as to create an
independent housekeeping establishment for occupancy by one family with cooking, sleeping
and sanitary facilities provided within the dwelling unit for the exclusive use of the occupants
maintaining a household.
Townhouse means a single-family attached dwelling forming one of a series of single-family
attached dwellings, separated from one another by a party wall without doors, windows or
other provisions for human passage or visibility through such party walls.
BE IT FURTHER ORDAINED THAT Chapter 110, Article V, is hereby
amended as follows:
ARTICLE V.
R-3 RESIDENTIAL DISTRICT
Sec. 110-511. Permitted uses--By right.
The following uses are permitted by right in the R-3 residential district:
(1) Single-family detached dwellings;
(2)
Agricultural uses provided no animals may be kept within 100 feet of any
property line;
(3) Accessory structures;
(4) Minor home occupations;
(5)
Rental or leasing of single-family dwellings for occupancy by persons who are
not the owners, provided that the property owner shall have obtained a
certificate of occupancy for rental use from the zoning administrator pursuant
to section 110-367;
(6) Home telecommuting.
(Code 1978, § 26-113)
Sec. 110-512. Same--With special use permit.
The following uses are permitted in the R-3 residential district with a special use
permit issued by the city council in accordance with the provisions of section 110-366:
(1) Single-family attached dwellings:
(2) Churches;
(3) Governmental uses;
(4) Golf courses;
(5) Plant nurseries;
(6) Hospitals for treatment of human beings;
(7) Nursing homes;
(8) Electric transformers and substations;
(9) Telephone repeater stations;
(10) Clubhouses and grounds not conducted for gain, including swimming pools;
(11) Schools of general instruction and nursery schools complying with the
provisions of article II, division 9 of this chapter;
(12) Lodge halls;
(13) Major home occupations;
(14) Private tennis courts;
(15) Roominghouses;
(16) 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;
c. 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;
d. The site shall have a common boundary on at least one side by
commercial or industrial zoning;
(17) Cluster subdivisions;
(18) 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.
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.
(19) 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).
(Code 1978, § 26-114)
Sec. 110-513. Uses prohibited.
All uses not specifically permitted in the R-3 residential district are prohibited.
(Code 1978, § 26-115)
Sec. 110-514. Prohibited motor vehicle parking in front yards on residential lots.
No motor vehicle, including for the purposes of this section a passenger vehicle, truck,
van, motorized recreational vehicle, camper, golf cart, travel trailer, boat trailer, car trailer or
other similar vehicle, but not including motorcycles, shall be routinely parked or stored on
unsurfaced areas, such as dirt and grass, in the front yard of residential lots. Notwithstanding
the provisions of this section, motor vehicles may be parked temporarily on unsurfaced areas
of a front yard on a residential lot, for a period not to exceed 48 hours, to load, unload, clean
or repair the vehicle.
(Ord. No. 2000-8, § 26-115.1, 3-28-2000; Ord. No. 2002-14.7-9-2002)
Sec. 110-515. Required screening for vehicles stored in side and rear yards.
Motor vehicles, trailers, golf carts, boats, or similar vehicles stored on unsurfaced
areas in the side and rear yards of residential lots shall be screened from the street and
adjacent properties to the extent possible by landscaping or wood fencing.
(Ord. No. 2000-8, § 26-115.2, 3-28-2000; Ord. No. 2002-14.7-9-2002)
Sec. 110-516. Lot coverage for surfaced driveway, parking, and vehicle storage areas.
Surfaced driveway, parking, and vehicle storage areas include asphalt, cement or any
other impervious surface or gravel or similar driveway, parking and vehicle storage area and
shall be as follows:
(1) Front yard limitations.
ao
No more than 25 percent of the front yard of any lot improved with a
single-family detached dwelling shall be surfaced driveway, parking or
vehicle storage area.
bo
Notwithstanding subsection 1 [(1)a.] above, for any lot with a single-
family detached dwelling, a surfaced area directly contiguous with, and
providing primary access to, two side-by-side parking spaces, may
exceed the 25 percent limitation as long as it is no more than 25 feet
long and 18 feet wide.
(2) Rear yard limitations.
No more than 25 percent of the rear yard of any lot improved with a
single-family detached dwelling shall be surfaced driveway, parking or
vehicle storage area.
bo
Notwithstanding subsection 1 [(2)a.] above, a surfaced area for
driveway only (with no vehicle parking or storage permitted) may be
located within ten feet of a rear lot line to provide access to garages,
vehicle parking and storage areas.
(3) Side yard limitations.
ao
A surfaced area for parking or vehicle storage shall be located no closer
than five feet to a side lot line, or the required side yard setback,
whichever is less.
b. Notwithstanding subsection 1 [(3)a.] above, a surfaced area for
driveway only (with no vehicle parking or storage permitted), may be
located within five feet of a side lot line to provide access to rear yard
garages, vehicle parking and storage areas.
(Ord. No. 2000-8, § 26-115.3, 3-28-2000; Ord. No. 2002-14.7-9-2002)
Sec. 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:
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.
a. Conventional.
Minimum lot area. Ninety-five hundred square feet; provided
that one single-family detached 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.
Average lot area. Ten thousand five hundred square feet; use of
out lots shall not be allowed in computing average lot size.
b. Cluster subdivision.
1. Minimum lot area. Seven thousand five hundred square feet;
(3)
(4)
2. Average lot area. No requirement.
Building restriction line (brO.
a. Conventional.
Front. Twenty-five-foot setback; except that on a street which
has a right-of-way of less than 50 feet the brl shall be 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;
o
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.
b. Cluster subdivision.
1. Front. Eighteen feet;
On comer lots, the brl shall apply to all streets and the side
setback shall be applied to the remaining property lines.
Setbacks.
a. Conventional.
1. Side. Twelve feet;
2. Rear. Twenty-five feet;
o
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;
°
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;
b. Cluster subdivision.
1. Side. Eight feet;
2. Rear. Twenty-five feet;
Where a cluster subdivision abuts a conventional R-I, R-2 or R-
3 subdivision, a 25-foot minimum setback shall be provided
adjacent to such conventional subdivision boundary.
(5) Lot width. Minimum lot width at brl.
a. Conventional.
1. Interior lot. Seventy feet;
2. Corner lot. Ninety-five feet.
b. Cluster subdivision.
1. Interior lot. No requirement;
2. Corner lot. Seventy feet.
(6) Opens pace.
a. Conventional. None.
b. Cluster subdivision. A minimum of 15 percent of the gross tract area
must be common or public open space.
(Code 1978, § 26-116)
Sec. 110-518. Special exceptions.
The board of zoning appeals may, by special exception, modify the minimum yard and
building setback requirements or the maximum lot coverage for surfaced driveway, parking,
and vehicle storage areas contained in this division in accordance with the provisions in
section 110-369.
(Ord. No. 2000-8, § 26-116.1, 3-28-2000; Ord. No. 2002-14.7-9-2002)
Secs. 110-519--110-540. Reserved.
The ordinance shall become effective as provided by law.
Planning Commission Public Hearing: February 14, 2005
City Council Public Hearing: February 22, 2005
ADOPTED: February 22, 2005
Attest:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthome
Councilmember Winter
Vote
Aye
Aye
Aye
Aye
Aye
Aye