20060509 2006-07
ORDINANCE NO. 2006-7
AN ORDINANCE AMENDING CHAPTER 110, ARTICLE XVIII, SECTIONS 110-873
AND 110-874 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, TO
1) REQUIRE A PLANNING COMMISSION PUBLIC HEARING AND
RECOMMENDATION FOR RESIDENTIAL DEVELOPMENT WITHIN THE
HIGHWAY CORRIDOR OVERLAY DISTRICT 2) LIMIT THE SINGLE FAMILY
RESIDENTIAL USES WHICH ARE EXCLUDED FROM THE HIGHWAY
CORRIDOR OVERLAY DISTRICT (HCOD), REGULATIONS, AND 3) DELETE
THE REFERENCE TO A CERTIFICATE OF OCCUPANCY ISSUED BY THE
ZONING ADMINISTRATOR FOR RENTAL OR LEASING OF SINGLE FAMILY
DWELLINGS.
NOW, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article XVIII of the Code of the City of Fairfax, is hereby amended as
follows:
ARTICLE XVIII. HIGHWAY CORRIDOR OVERLAY DISTRICT (HCOD)
Sec. 110-873. HCOD regulations.
Structures and premises within the highway corridor overlay district, excluding detached
single-family residential uses, shall be subject to the provisions of this chapter, including the
land use and development regulations of the underlying zoning district, except to the extent
that those regulations are modified by the provisions of this article.
Sec. 110-874. Uses permitted.
(a) By right. As permitted by the underlying zoning district.
(b) Special use permit.
(1) As permitted by the underlying zoning district.
(2) Any use or development that will generate an estimated average daily traffic volume in
excess of 700 trips.
(3) Any commercial or industrial use or development seeking vehicular access from a
local street which also provides access to residential areas.
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(4) Minor home occupations.
(5) Rental or leasing of single-family dwellings for occupancy by persons who are not the
owners.
(6) Home telecommuting.
(7) Residential uses including attached single family dwellings and multifamily
dwellings, provided:
a. prior to action by the city council on such special use permit pursuant to Section
110-366, the planning commission shall conduct a legally advertised public
hearing and make findings and recommendations that shall be reported to the city
council concerning the furtherance of the purposes of the HCOD set forth in
Section 110-31(b)(16).
(8) The city council may permit temporary uses within designated redevelopment areas in
the HCOD so that an applicant may realize a reasonable economic return while
attempting to acquire additional acreage for assembly as part of a comprehensive
redevelopment effort. Such temporary uses are subject to the following conditions:
a. The applicant must submit a conceptual master plan of the overall
redevelopment proposal indicating which properties are contemplated for
assembly and a timeframe for acquisition and assembly;
b. Temporary uses may be authorized for up to three years and may be
extended for up to an additional two years provided that a request for
extension is made within 90 days of expiration of the original approval.
c. The applicant must provide the department of community development and
planning with a semiannual review and update demonstrating efforts and
progress in pursuing the redevelopment proposal.
d. Temporary uses must be typical and similar to other uses within the
HCOD.
e. Temporary uses must not unreasonably affect adjoining land uses and have
no adverse impact on the public health, safety and welfare.
This ordinance shall become effective as provided by law.
Planning Commission Public Hearing: May 8, 2006
City Council Public Hearing: May 9, 2006
Adopted: May 9,2006
Mayor
5//21o~
I rhte
Attest:
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Cit Clerk
VOTE:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthorne
Councilmember Winter
Aye
Absent
Aye
Aye
Aye
Aye