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Zoning Ordinance
-4„8r '416',7,4;71, ; SWember 19-6.2 Mr, N. $cA- Owns a3 i Co rns t t itood Fairfax. 111egisie Samar Mr. WNW City Neil aa�! the Sward II As you !d!lR71i me ! moved lobe i'�1« Aim Ci Y Zoning , en1s moutlao tc be held September ii, t961 will 1►e hold is the Court Room 4;0 the ss nd floor cef 1 1s City MOW At this sooting we will her the application of Mr. JoAtes F, Fitts to allow ea enclosed side porch at 104 Cornwall 1 nttylu Hi l .have r+ l � t hi s �r, er ey �+rsaas!1Y and d Mood basically that there 1d a1 no advsts* offset I f this approval rsra 'rooted. Also, we wilt hear from lie. L. W. Sweeney regarding the appl1cstis ► to f the property at 13+67 t Lan Hiihns • This Is ' sot .�ewa trai i+lrar on the rear �. rater iknown as A+ Y's Motes at Foirfent Circle wed the ti tar proposed to be p1acc4 shield tai 7-Lice Store. As you , s t a constitutes trai ter the City has rd i mores r troller p r and the 1 ce es for some. thin fiver, in this r t!ct case this trolle r r 1s intended for some of Mr. Sweeney's f aesi 1 y.. Also, we u411 hoer from Mr. Parnell 1w porter regarding a sign Simms to slk w his to construct a 4' x 12° sign on the front of the property keaa ea $159111 Pleas Mur•si*. Sees on Last Main Street. I SO sure that Mr. PQrter will Os peasant to present CA* situation to us. . it Is af mederstosIdlh9 that Mayor Weed ws i i it present at this a eat i ng t � the Cuffs �s f to duos*$ with the etrMStsrs r f the Sward the new amend meet Virginia (chepter Se) .pprr ved Fyn march 31 , twit. hours very testy, w. ilk SIMPS N DI rsctor a psis It Works 1�R�r°iRt cc: At t Jisrti cf L miss Appeal* Iluebers. June 20, 1962 Memorandum to: ayor and City Council Subject: Amendments to the City Zoning Ordinance From: City Planning Commission 1 . On May 16, 1962, the Council directed the Planning Commission to (i) complete its overall study of the Zoning Ordinance and report its recom- mendations to Council within 60 days, and (ii) Complete its study of the apartment provisions of the Ordinance in the light of Councilman Prichard's proposals, and report its recommendations to Council within 30 days . 2. I am pleased to report to you that: a. The Planning Commission completed its study of the Zoning Ordinance on May 31 , 1962 and approved a comprehensive report embodying its findings and recommendations. b. Copies of the May 31 Planning Commission report were reproduced in quantity and distributed on June 5, 1962 to all City officials, the Council , Board of Zoning Appeals members, all Citizens Associations in the City and other interested parties. c. A public hearing on both Mr. Prichard's amendment and the amend- ment sponsored by the Planning Commission was scheduled for June 14th and duly advertized as required by law. 3. At the June 14th public hearing, the response to the Planning Commissions proposals was extremely favorable. Spokesmen for the Country Club Hills, West- more, and Fairfax-Fairmont Citizens Associations gave unqualified indorsement to our recommendations. The Fairview Citizens Association indorsed our report except for the fact that they favored placing the final approval for apartments in the hands of the Council rather than the Board of Zoning Appeals. The SE Citizens Association indorsed the report except that they favored establishment of an R-4 zone for apartments only. At the same time, the SE Citizens Associa- tion recommended that no undeveloped land be zoned R-4. Two speakers were of the opinion that our proposed limitations on apartments were too severe. Two speakers also opposed our proposal to require an affirmative vote of at least four (4) members of the Board of Zoning Appeals in order to overturn a Planning Commission recommendation on denial of an apartment use permit. 4. Following the public hearing, the Planning Commission, by a 5 to 1 vote (with one member absent) reaffirmed its approval of the May 31st report with two minor revisions. The copy of the report attached to this memorandum has been annotated to show these revisions. 5. We would like to point out that on June 12, 1962, following completion of our study, the Board of Zoning Appeals granted two (2) additional use permits for apartments (i .e. Mosby Woods and Mosby Village) . When completed, these two new developments will add 357 apartment units on 20.9 acres to the City apart- ment land use. We estimate that Mosby Woods will add 68 school age children and contribute $320. in real property taxes per school child. Mosby Village will add 38 school age children and return $645. in real property revenue per school child. These two projects will add 985 persons to our apartment popu- lation. As a result, we estimate that if all existing approved apartment developments are constructed they will house 3, 101 persons or 18.9% of the total f'ayor and City Council Page 2 June 20, 1962 City population. 6. In summary, the Planning Commission, for the reasons set forth in the attached report, recommends that our proposed amendment to the Zoning Ordinance be approved by Council . That amendment is identified as "Proposed Amendment No. 2" and begins at page 13 of the attached report. JAMES R. F. WOODS, CHAIRMAN CITY PLANNING COMMISSION JRFW/dm1 Incl . Report dated Mny 31 , 19C.2 RESOLVED that the following proposed amendments to the Zoning ordinance be advertised for public hearing at the next regular meeting of the Council: * SUB-SECTION 5. 12: Delete the following language: "In considering applications for special use permits apartments the Board of Zoning Appeals shall consider the following standards : " SUB-SECTION 5 . 121: Renumber this article as Section 5A . 121 and insert new section heading reading: "Section 5A . Apartments . " SUB-SECTION 5 . 122: Renumber this article as Section 5A . 122 . SUB-SECTION 5. 123: Renumber this article as Section 5A. 123. SUB-SECTION 5. 13: Delete this sub-section in its entirety. SECTION 11 - ZONING SCHEDULE. Delete under "R-3; Uses Permissible on Appeal" the following language: "Apartments and apartment houses subject to conditions in Sec. 5. 12 . " Capitalize the word "Rooming" to begin new sentence . SECTION 11 - ZONING SCHEDULE: Add new Zone entitled "R-4" as follows: Set Backs / Lot Lot Front / Zone Average Minimum rRestriction LinelSide / R-4 ' 10,000 sq.ft . 10,000 sq.ft . See sec . 5A . 122150 ft . / fa / / ///I////I////////////////////////////////////////////_///////// k_44-Q Minimum Maximum t Off-Street , Uses Permissible by / Width @ BRL ; Height i Parking 1 Right // f 100 ft . et.r ct o j See sec . 6 All uses permissible/ r/447-1-- ; in R-3 Zone . Apart- / 8,42.-Z1 ments and apartment / houses . / / ////////////////////////////////////////////////////////////// t Uses Permissible on Appeal ; Uses Prohibited All uses permissible on All uses not specifically appeal in R-3 Zone permitted . A-tt-�ci ti ! ,, �44, �rntn t�,c l u ao Pr-e n4.1.t. .41e I i-cp .cr ,t eel £ke4 6 k c111 c, 3 -6 k.- 4, ZONING MAP: Add new zone entitled "R-4" and change zoning of all tracts within the city on which apartment houses are now existing, on which apartment houses are under con- struction or for which building permits for apartment houses have been issued to "R-4. " EFFECTIVE DATE. Amendments shall be effective from enactment. *15 days notice is required . Reference to Planning Commission unnecessary. See Virginia Code 15-822 . _ - zeg .,--) e/ Alzedi A. azz,- -,- _ --,4 4 Ae0 (et 211....a. 1041 c441. a vlgultilA, 199), Title 15, Urmistiwr 24, Article i (honing in Cities and /Cuss) 15422, tiaririalogjgglatiggi.-- Do oemseil et such city or tom shall pro NOP Mawr in oh ouch roplatteme amd restriction* -- the anti et *ids districts shall be determind, entaiallsbod snd seforeed , and from time to WO eMOOded4 Seeplemswatei or engaged. Weever r.0 cioh re .. littlest resbriction or bmodary don howls efroetive until after public hearing in relation threho at whisk parties im iat.grost and eitisans shell have an optortunity to be he-4rd. At least fifties days' uotico 0 thi.' time and plate of amen Mariog shall be published in ma, effieial paper, or • papor of enra1 eiremlatien, in such Aty or wick; proidAed, hoverer, that in any city 4r tome in mhieh each proposed change in or emeedient or **priciest to, ser such rogilatirso rostrictios or boundary shall he first referred hi the sem- \ cil to the heard of 'ening appeals or planning esmetostem ter a report omd re- otogowndaties at in which such board or eemmiselem mekos swig report mai roco - mendatioa to the council after a public untiring in relation thurele held by the board or ogneriestem pm:anent to prior no ties lehliihmi five daye ta ea at paper, or paper of gemsral circulation. in cuch city or town, the public boating by eoungil is relattea to sLich enrage, amendment or ossosent maybe . , bold atter at loget tem days, natio* of the time and place Qf each healing piliehed is an offidal paper, or a papa* of users' elm-dation, in such es* \ arum. • \ , mum LAii •:_.v.,-,../, vol. bi, No. 2, Virginia Section, : rah O , p. )66 w?he Pamimmemtals of 4natag Laile -- L.A. ?richer*, member of the , firs at livligetemo ki,canlialt 4 Prichard, ill-teas. va. the Colo of the Plammtes Qemmiseion ....t oity or wok may 44opt its *ming ordinaase aftor lesessemilaties by a iseitai egmmiesima affointed hi/ the goeurt.thereafter no ehe*. elf be Immo wit hal& a reeemmeauti it 4, either the gammen etoe4sstos or Os baud of semis appeeli. kV WU. code glan., ;.:loe. 15422 (heal. Vol. 1356). 1,1 the Commail pritet3si so April 25 Geuesilomo PriRhsrd o+ ,era" s written Council advertise for polio bearing at its e� zez;n� �� r�t1:� that i � amendments to the city lao im S min that wh 1t establish a new coming (*Us for part* , ti i tod 11-244 include thereto all yamd presently geed for spartMs ts• oh ttiara of apartments has started and for eA Md1di� iii tr t a b, en teen* twa � the e[e*ls authority to grant, ape:Anse% see permits in residential some the Aay lh meeting MJ a 3-7 gae on o nensti. tut* motion rt esol U Councilman wt • ��� the fol- lowing is noted that t K ° 'ricra 's written notion footnotes � iseiv° is 15 � MAUI*MAUI* is r�s�-grad deference to klamaing See Virginia :rode 15-a22. b Councilman s�Y►icRiax^d that the referral ,� �t in this �°�Ota 9 of the seining ordinance ew t© the ?lei ssLon is unnecessary appears to be eontrary to the statement in the Law AeYi.w article by Attorney � �e with,-once a toning Urge is alder ao change i�rlahat'd that � P�.� �s*i� or the � of 'Zoning r�daLian � �it,t�er either the out �► :gscFlt,s to ®r�i�'�e eee The a ,• of rsi a�K the g . pp�,esl. tids"�" 1 or both, appears to be borne tls�dai H Prichard �err1�t h'�' states: � � the •� article b7 Attorney' gib ,salon i»r�l, no is i it is not u �i�e Lbe Pin �,pt►y v��rr, b�;�r it could I� afrtic+; aa,n a ;,:it against the r Way to the bi'* inc **urea, stops t.f°a r: o i if the procedural y, �.. isMZ esi.;n, public 4earIng, and i t#� c1Z that the I believe it is probably ' mssarg to remind autheri41 of the hoard of Loans Appeal 1A IsAmo spartmeeh use permits in 1 Um 11.3 residential same if being . end d in wraut Court oo Friday on the `ram that his is an illegal delegation of Authority. it wuld hardly awe to re 'lsttt credit on the Council to rubst it{tts one possible illegal action for ane` r. Oa the ether band i Wm' to matte it crystal alas. that 1 ssa ctalaorned about the lame nuabar of aveitemet see perms that hails been granted for the board of 4mming A . J► very large part of the total rsaidrstial area et the city is saead 111.0 aM that is jest tee much potential area for apart,- eta, eapeciaiiy Alma it apes that is general apartments may be east to r; the gaIity. I definitely' runt to have the rtus r of apartments emetrollod by�:M� tba Council sa- fea • separate s for them and bT 4 semnaiala for esiumblishiag seek saga °'tsr cns,seriasspAa twativaiss and careful raeamMmadebieMO %V the Flmeatiw Ceassimaise mei interested citi- I es vest LiAi Seettei3. 1ileaere ix ! oratoriuo on btsa granting of rurther WAWA or use permits ger ap►rte pending the results of the litigation i aM a atu4y and report by the ;-ice omission. I I II • a N A, b b (n 8 a> a. 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U) n E a+ y w v v z b U bA v .] CO y 'C � ' bA v.d U CI v -' ■.7i �i + O o L O Q .0 Z -I'' = RI .0 = C = .N cd w S. 6 O .4 3 O 0 .. p O " .0 co .0 o . .o ._ 0 p a co +• w a o C i4 ZONING ORDINANCE CITY OF FAIRFAX, VIRGINIA ADOPTED DECEMBER 7, 1960 With Revisions to April 6, 1965 Sy 3 Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on January 4, 1966. SECTION 2 Definitions Add the following definitions to Section 2 in alphabetical order: Collector Street: A street which connects one or more local streets to a major thoroughfare. Local Street : A street whose principal purpose is to provide vehicular and pedestrian access to the abutting property which terminates in a loop or cul-de-sac or carries no substantial through traffic. Major Thoroughfare: A street of four lanes or more. Corner Lot: A lot bordering on two streets which intersect at an angle not greater than 135 degrees. Town House: A single-family dwelling forming one of a series of attached single family dwellings , separated from one another by a party wall without doors , windows or other provisions for human passage or visibility through such party walls. Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on January 4, 1966. SECTION 3 GENERAL REGULATIONS Amend Section 3.01 by inserting after R-3: R-T This zone is established to provide for single family development and, under certain conditions , the develop- ment of town houses. Town house development should occur where development will be consistent with the Master Plan, and involves the reuse of land where older structures are removed or as a transitI nal use of vacant land where a substantial portion of the property has a common boundary with an I , C or M zone. It is intended that any town house development permitted should result in high quality living units to promote the purposes set forth in Section 15. 1-489, Code of Virginia (1950) , as amended, offering optimum preserva- tion of natural land form and foliage and the cluster- ing of usable open space by the clustering of dwelling units. Clusters of dwelling units should be so arranged to achieve an intimate, internal relationship. Site plans shad be prepared in sufficient detail to permit judgment of compliance with the purpose of this ordinance. Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on January 4, 1966. SECTION 6 Off-Street Parking Add the following to Section 6 as 6. 11 : 6. 11 Town House: Every dwelling unit shall have provided for it a minimum of two (2) off-street parking spaces. Required parking may be located in parking areas con- venient to the unit for which required, or located entirely within the lot area. Parking spaces located within the lot area shall be completely enclosed. Parking in common parking areas shall not exceed thirty (30) vehicles per parking area, provided that there be permitted one parking area of fifty (50) parking spaces for each five acres of gross area in the town house development. Common parking areas shall be no less than fifty (50) feet apart. In common parking areas , no more than ten (10) parking spaces may be grouped without a landscaped divider at least ten (10) feet in width separating such groups. Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on January 4, 1966. Section 11 Zoning Schedule Add the following zoning classification: R-T Zone Lot Minimum: Every town house dwelling shall have a minimum lot area of sixteen hundred ( 1600) square feet; a town house development shall have an average lot area of one thousand eight hundred (1800) square feet. The density shall not exceed ten ( 10) town houses per acre. Area Minimum: The development shall consist of a minimum of two (2) acres. Setbacks: Front Restriction Line - No more than two (2) abutting town houses shall have the same front yard setback. Abutting pairs of town houses shall have building line setback variations of at least two (2) feet. Side Restriction Line - Side yard setback for corner lots shall be a minimum of twenty (20) feet. Rear Restriction Line - Every dwelling unit shall have a rear yard depth of no less than twenty (20) feet. Minimum Width @D BRL: "' • Every lot shall have a minimum width of eighteen ( 18) feet. (1) Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on January 4, 1966. Section 11 (Continued) Minimum Building Width: All town houses shall be at least eighteen ( 18) feet wide. Maximum Height: Building height shall not exceed three (3) stories , measured on any external wall . Any basement which has any wall two (2) feet above ground shall be counted as a story. Floor Area: 1 . The average total usable living space per town house dwelling in the development shall be at least fourteen hundred ( 1400) square feet , exclusive of utility area, attic and garage. Basement space, not to exceed three hundred (300) square feet , may be counted toward this average in a town house having two other stories. 2. Every town house dwelling unit shall have a ground coverage area of not less than six hundred (600) square feet , shall contain a minimum gross floor area of six hundred (600) square feet per flc;r and a minimum of one thousand two hundred ( 1200) sq'iare feet of total gross floor area of usable living space, exclu- sive of basement , utility area, attic and garage. Off-Street Parking: See Section 6. Lot Development and Visibility Requirements: I . No town house shall be constructed so as to provide direct vehicular ingress or egress to a collector street or major thoroughfare. 2. In no case shall the horizontcl visual distance measured from eye level from any point along the center line of a newly created right-of-way be greater than three hundred (300) feet where town houses face on said right-of-way for said distance unless natural topography precludes the possibility of man-made "visual blocks". (2) Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on January 4, 1966. Section 11 (Continued) Lot Development and Visibility Requirements (Continued) : 3. No more than ten (10) town houses shall be attached in a series. Site Plan Approval : A final site plan shall be submitted in accordance with the provisions of Section 3. 17 of the City Zoning Ordinance. Procedure: 1 . With every application for R-T zoning, the applicant shall submit the following: (a) A preliminary site plan showing the general scheme of development , proposed parking areas , walkways , driveways , streets, open space, green areas, plant- ing, recreation and common areas. (b) Preliminary drawings showing floor plans , front and rear elevations and side elevations , where applicable. (c) Evidence of proposed covenants , restrictions and details of maintenance responsibility of common areas and green space, to show that liability for maintenance of such areas shall attach to property owners within the development and that the same may be enforced by liens against the property owners in favor of the City of Fairfax or its assignee. 2. A plat and deed of subdivision showing individual lots , proposed utilities , streets and other rights-of-way, and all proposed dedications shall be approved by the City Council and recorded among the land records before issu- ance of a building permit. uses Permissible by Right: 1 . Detached single-family dwellings as permitted by right in R-3 district. 2. Town houses as defined in Section 2 of this Ordinance. (3) Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on January 4, 1966. Section 11 (Continued) Accessory Building: Accessory buildings are permitted if approved as a part of the site plan. Uses Prohibited: All uses not specifically permitted. (4) CITY OF FAIRFAX City Hall Fairfax, Virginia 22030 AMENDMENT TO THE ZONING ORDINANCE C)V R!I::, SITE Pi.ANS SECTION 2 Add the following definitions to Section 2 in alphabetical order: Applicable laws, ordinances and regulations: The statutes of the Commonwealth of Virginia, the ordinances of the City of Fairfax and the fire, health, building, electrical and plumbing codes adopted pursuant to said ordinances. Architect: An individual who is certified by the State of Vir- ginia and who is registered with the Virginia Department of Professional and Occupational Registration as a Professional Architect. As Built Site Plan: A certified site plan showing location of buildings and all on-site and off-site improvements as actually con- structed. Bond Committee: A committee composed of the City Manager, the Di- rector of Public Works and the City Attorney, any two of whom may act. Developer: The investor or contract purchaser who promotes a building project. Driveway: That space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street. Engineer: An individual who is certified by the State of Virginia and who is registered with the Virginia Department of Professional and Occupational Registration as a Professional Engineer. Land Surveyor: An individual who is certified by the State of Virginia and who is registered with the Virginia Department of Profession- al and Occupational Registration as a Certified Land Surveyor. Off-Site: Any area which does not fall within the boundary of the land to be developed. On-Site: That area which is within the boundary of any land to be developed. Owner: Party or parties having title to the described property. Revised Site Plan: A site plan showing any proposed changes or re- visions to an existing, previously approved site plan. -1- Service Drive: A travel lane on dedicated right of way. Site Plan: Detailed drawings indicating all building locations and site improvements required by Section 3. 17 of this Ordinance. State: In all places where the word "State" is used, it is intended to mean the Commonwealth of Virginia. Travel Lanes : That space specifically designated and reserved as the site for the movement of vehicular traffic. - 2- SECTION 3 Add Section 3. 17 as follows: 3. 17. Development or land use requiring a site plan - A plan of development or site plan shall be filed by an owner or developer of property and must be approved by the City Planning Director in each of the following instances: a) Any use or development of property located in any zoning -- district other than R- 1 , R-2 and R-3. b) Any use permissible on appeal in R- 1 , R-2 and R-3 zoning districts . c) No site plan approval shall be required for any temporary public use when such use does not exceed thirty (30) days . 3 . 171 . No building permit or Certificate of Occupancy shall be issued until the required site plan of the proposed use or development shall have been approved by the City Planning Director. 3. 172. PROCEDURE. a. The owner or developer shall submit to the Planning Di- rector a site plan prepared and certified by an engineer, architect, or land surveyor, as defined by this Ordinance. Seven (7) prints of the site plan at a scale of not less than one (1) inch equals fifty (50) feet, together with all information required by this Ordinance shall be sub- mitted. All plans shall be on either 24" X 36" material or suitable for folding to that size. b. Notice required: Prior to consideration by the Planning Director the appli- cant shall notify in writing five property owners in the immediate vicinity of the site involved, two of whom shall be owners of property adjoining the site, that the site plan has been filed and will be con- sidered by the Planning Director ten (10) days after receipt of the notice. Postal receipts of certified mail attached to a copy of the notice shall be sufficient proof of delivery. c. Objections to the approval of a site plan may be filed with the Planning Director by any interested party and shall be filed in writing within the period prescribed in the notice. d. The Planning Director shall notify the applicant and any objectors of his decision to approve or disapprove the applicant' s site plan. An appeal from any final decision of the Planning Director shall be made to the Board of Zoning Appeals pursuant to law. 3. 173. INFORMATION REQUIRED. a. Plot and location plan with: 1 . Location and dimensions of building(s) on site showing -3- distance to side lot lines and center lines of adjacent streets. 2. Location and dimensions of proposed and existing driveways and curb cuts on site and adjacent properties. 3. Location and general design of proposed and exist- ing sidewalks and open space. 4. Location and dimensions of proposed and existing surface parking and loading areas. 5. Boundary of the entire tract by courses and distances with reference to true meridian and area of the tract. 6. Existing widths of any streets and sidewalks adjoining the tract giving right-of-way and pavement widths. 7. Front, side and rear yard setbacks. 8. Relation of site to roadway median strips with exist- ing and proposed openings in median strips. 9. Proposed elevations at control points such as drive- ways, ramps, etc. 10. Zoning of the tract. 11 . Present record owner of the tract and contract pur- chaser, if any. 12. Owner, zoning and present use of all contiguous property. 13. Vicinity map showing location of tract at a scale of not less than one (1) inch equals two thousand (2,000) feet. 14. Certified topographic map of parcel at a minimum two (2) foot contour interval , showing existing and proposed contours . 15. Certificate signed by the surveyor or engineer setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chain of title. 16. Provisions for the adequate disposition of natural and storm water in accordance with the duly adopted design criteria and standards of the City, indicating location, sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage system. b. Vertical cross sectional view with: 1 . Height of proposed building(s) . 2. Number of stories . -4- 3. Height, location and general design of structures pro- posed above the building height limit. 4. Location and access to underground parking. 5. Proposed floor grades of each floor, including basements and boiler rooms. c. Typical floor plan with dimensions. d. Plan of each non-typical floor with: 1 . Location and square foot area of any permitted acces- sory or proposed conditional use as permitted by the ordinance. 2. Access to any accessory personal or convenience service uses. 3. Number and individual area of guest rooms in any hotel or motor hotel use. e. Plan of each floor of parking garage. f . Utility plan with: 1 . Location of all existing underground utilities such as water, sewer, gas, electric and telephone cables, etc. , both within the property, and in adjacent streets . 2. Location of all surface facilities such as sidewalks, curb, gutter, etc. 3. Fencing, walls and screening to be preserved, erected or planted; type, height and location. 4. All proposed changes, additions, or deletions to "1" and "2" above, together with a notation as to any City responsibilities thereto. g. The following data will be supplied in tabular form where applicable: 1 . Area in square feet of parcel . 2. Maximum allowable gross floor area. 3 . Proposed gross floor area. 4. Number and type of any dwelling units . 5. Number of parking spaces or square feet of area re- quired by Section 6 - Zoning Ordinance. -5- 6. Number of proposed parking spaces or square feet of area. 7. Maximum allowable area - personal or convenience service accessory uses. 8. Proposed area - personal or convenience service acces- sory uses, restaurant, cafe, or soda fountain uses. 9. Maximum allowable coverage. 10. Proposed coverage. 11 . Amount of impervious area in square feet for purpose of calculating storm water runoff. 3. 174. REVIEWS, STANDARDS AND REGULATIONS . The Planning Director shall review all site plans which are sub- mitted to him pursuant hereto. He may consult with the Director of Public Works, the Health Director or any other City official . The Planning Director shall consider the site plan in conjunction with the following standards and regulations: a. Compliance with the requirements of the Zoning Ordinance including setbacks, side yards and rear yards, height of buildings, lot area and lot coverage, fencing and screening. b. Location and adequacy of automobile parking as to number of spaces, square footage per space including movement lanes, and total area. c. Adequate provision for traffic circulation and control with- in the site and providing access to adjoining property. d. Adequacy of water supply, fire protection and sanitary sewer facilities . e. Compliance with applicable established design criteria, con- struction standards and specifications for all required public improve- ments. f. Location of walkways so that pedestrians may walk from store to store or building to building within the site and to adjacent sites . g. Connection wherever possible of all walkways, travel lanes and driveways with related facilities in adjacent properties. h. Screening, fences, walls, curb and gutters required by any applicable City ordinance. i . Extension or construction of service roads and access there- to on property bordering a state primary highway, provided the setback requirement shall be no greater if the service road is dedicated than the setback required without the dedication, except that in no event shall the -6- building be erected closer than ten (10) feet from the closest right- of-way line. j . Proof of any easements required in order to develop or use the property as shown on the site plan, clearly defining the pur- pose intended for each easement. k. Dedication of easements and rights-of-way for streets, service roads and other facilities to be maintained by the City and for the construction and maintenance thereof. 1 . Curb and gutter travel lanes or driveways that provide vehicular travel to and from parking areas of adjacent property. m. Adequate no-parking signs along such travel lanes or driveways . n. Adequate drainage systems for the disposition of storm and natural waters . 3. 175. COMPLETION AGREEMENT AND BOND. a. Prior to approval of any site plan, there shall be exe- cuted by the owner or developer and submitted with the site plan an agreement in form and substance as approved by the City to construct such required physical improvements located within public rights-of-way or easements or connected to any public facility, together with a surety bond. The bond shall be in the amount of the estimated cost of the re- quired physical improvements as determined by the Director of Public Works . The aforesaid agreement and bond shall be provided to insure completion of all work or improvement therein stated within the time cited in the agreement and determined by the Director of Public Works . The completion time may be extended by the City Manager upon written application by the owner or developer, signed by all parties to the original agreement and to the bond. No extension shall be issued with- out the express consent of the surety on the bond. The adequacy, con- ditions and acceptability of any bond hereunder shall be determined by the Bond Committee. In any case where the Bond Committee has rejected any such agreement or bond, the owner or developer may appeal from such decision to the City Council , provided the owner or developer has paid to the City of Fairfax the required filing fee. b. Upon completion of the required improvements for which the City has received a completion agreement and bond, the developer or owner may apply to the Director of Public Works in writing for a Certificate of Completion and Discharge of Bond. If the work is found by the Direc- tor to conform to the approved site plan, applicable regulations and City ordinances, he shall issue the Certificate within thirty (30) days of receipt of the application. The Director shall within said thirty (30) days notify the applicant and obligors on the bond of any defects or noncompliance which require further work and thereafter he shall not issue the Certificate until the required work has been completed. 3 . 176. APPROVAL. All site plans submitted pursuant hereto and which conform to -7- the requirements and standards contained in this article shall be approved by the Planning Director. 3. 177. INSPECTION AND SUPERVISION DURING INSTALLATION. a. Unless otherwise provided in this chapter, the construction standards for all off-site and on-site improvements required by this article shall conform to the City of Fairfax plumbing, building, electri- cal , fire and health codes, and other applicable laws, ordinances and regulations . The Director of Public Works shall approve the plans and specifications for all required improvements, and shall supervise in- spection of the construction of such improvements to assure conformity therewith. b. The developer or owner shall notify the Director of Public Works not less than twenty-four (24) hours prior to undertaking construc- tion of all streets, storm sewer work and other facilities to be publicly maintained. c. The developer or owner shall provide adequate supervision of all work undertaken by him or his subcontractors, and shall have a re- sponsible superintendent or foreman, together with one set of approved plans, profiles and specifications, available at the site at all times while work is being performed. d. The installation of improvements as required in this article shall in no case serve to bind the City to accept such improve- ments for the maintenance, repair or operation thereof, but such acceptance shall be subject to the existing laws and regulations concern- ing the acceptance of each type of improvement. e. Upon completion of all off-site improvements and discharge of the performance bond, the owner or developer shall provide a two year warranty bond with surety equal to 10% of the original completion bond and in a form satisfactory to the City. 3. 178. BUILDINGS TO COMPLY WITH SITE PLANS; CERTIFICATES OF OCCUPANCY. a. No permit or Certificate of Occupancy shall be issued for any structure which does not conform to an approved site plan. A temporary Certificate of Occupancy shall be issued for a completed section of a project covered by a single site plan provided the completed section conforms to the approved site plan and applicable laws, ordinances and regulations, and provided further that all improvements, both off-site and on-site, and all utilities and services which pertain to the completed section conform to the site plan and have been inspected and approved. A temporary Certificate of Occupancy shall not be valid beyond ninety (90) days from issuance, but may be renewed upon application provided all other work in progress conforms to the approved site plan and appli- cable laws, ordinances and regulations . b. A permanent Certificate of Occupancy shall be issued when: 1 . The buildings are found to conform to the approved -8- site plan and all applicable laws, ordinances and regulations. Upon application by an owner or developer, the Director of Public Works shall forthwith cause all necessary inspections to be made and within thirty (30) days of said application, shall issue the Certificate or he shall notify the applicant in writing of the reasons for denial of the Certificate. No application shall be denied except for good cause and for noncompliance with applicable laws, ordinances and regulations. The granting of a Certificate of Occupancy shall not of itself consti- tute release of the completion agreement and surety bond furnished pursuant to Section 3. 177 b hereof; and 2. The owner or developer shall have filed a certified "As Built" site plan. The "As Built" Site Plan may be a copy of the original approved site plan with an affidavit attached that all construc- tion has been completed in compliance therewith or shall be a plan showing all deviations from the approved site plan with an affidavit attached stating that no deviations exist except those shown. The "As Built" Site Plan shall be filed and certified by an engineer, architect or land surveyor as defined by this ordinance. 3. 179. FILING FEES. The following fees shall be paid upon filing a site plan: Site Plan --- Twenty Dollars ($20.00) , plus the following where applicable: (a) Forty cents per dwelling unit for each apartment unit. (b) One Dollar ($1 .00) per 1 ,000 square feet of gross floor area of all commercial structures. (c) Fifty cents ($0.50) per 1 ,000 square feet of gross floor area of all industrial structures . 3. 180. TIME OF VALIDITY OF APPROVED SITE PLANS. An approved site plan shall become null and void if no significant work is done or de- velopment is made on the site within twelve (12) months after approval . The Director of Planning may grant a single one-year extension upon written request of the applicant made at least thirty (30) days before the expiration of the approved site plan. Approved and Adopted by Fairfax City Council the 7th day of September, 1965. Mayor Clerk -9- y INDEX Subject Section Page BOARD OF ZONING APPEALS 5 10 ' DEFINITIONS 2 2 EFFECTIVE DATE 10 17 GENERAL REGULATIONS 3 5 (1) Apartments 3. 14 8 a. Area Requirements 3. 141 8 b. Lot Coverage 3. 143 8 c. Set Back 3. 142 8 (2) Certificate of Occupancy 3.06 6 (3) Enforcement of Ordinance 3.04 6 (4) Fees 3. 11 6 (5) Fences 3. 10 6 (6) Rezoning Procedures 3. 13 7 NON-CONFORMING USES 4 9 OLD & HISTORIC FAIRFAX DISTRICT 13 29 PARKING Off-Street 6 12 PERFORMANCE STANDARDS 12 26 SIGNS 7 13 Application 7.06 15 Signs Prohibited 7.05 15 TITLE OF ORDINANCE 1 1 VALIDITY 9 17 VIOLATIONS 8 17 ZONING SCHEDULE 11 17 R-1 Zone 18 R-2 " 18 R-3 11 19 M-1 " 20 C-1 21 C-2 " 21 C-3 " 22 1-1 " 23 1-2 " 24 KEY 25 i CITY OF FAIRFO, VIRGINIA ZONING ORDINANCE 1960 ember � ' Adopted Dec AMEN Chan in Ordinance Descr ' tlon of d Substitute new. , Ado tion Date Delete old 5ection an section 64 Section Sub Feb. 5 , 19 definition• 3.15 Feb. 5, 1964 New ete and substitute. 3 2,131 Del 2 Feb. 5, 1964 d substitute. 5.01 5, 1964 Delete an e by right- Delete and 5 Feb ermissibl 5 .03 Uses P 5 Feb. 5, 1964 substitute. right- Delete and 1-1 zone 11 Uses permissible by Feb. 5, 1964 substitute. 1-2 Zone 11 1964 Add "Kennels" to appeals • Feb. 5, right- Delete an 11 R- 1 Zone Uses permissible by 9 Feb. 5, 1964 R-2 Zone substitute. 11 Feb. 5, 1964 New Section 12 April 1 , 1964 Add "Volunteer Fire Dept. Stations" 1 1 C- 1 Zone 3 l6 April 17, 1964 New subsection - Apartment Houses. 3 5. 12, 5. 121 ' 5. 122, April 17, 1964 Delete subsections. 5 5 . 123, 5. 13 11 R-3 Zone April 17, 1964 Delete - Apartment Houses. 11 M- 1 Zone April 17, 1964 New Zone 13 Nov. 18, 1964 Old & Historic District (New Secti 3 3.01 April 6, 1965 Definitions of Zones 3 3.04 April 6, 1965 Change in Procedure 3 3.05, 3.06 April 6, 1965 Delete 3 3. 13 April 6, 1965 Delete-"Zoning Permits--No Charge. 11 C- 1 Zone April 6, 1965 Uses Permissible by Right (revised) 11 C-2 Zone April 6, 1965 Delete - Auto Service Sta. ; Refresh ment Stands; Garages. 11 C-2 Zone April 6, 1965 Insert - Ancillary in C- 1 • 11 C-3 Zone April 6, 1965 New Zone ZONING ORDINANCE r Town of Fairfax, Virginia I SECTION 1 Be it ordained by the Town of Fairfax, Commonwealth of Virginia, as follows : The Town of Fairfax is hereby divided into zones as shown on the zoning schedule hereto attached and e�h�ezoning allmaphefexp�anatohy office thereon TaWe hereby ger, The zoning map and schedule a part of this ordinance. This ordinance shall be effective as of December 7, 1960: Wherever reference is made herein to the Town of Fairfax, the City of Fairfax is implied. SECTION 2 Definitions For the purpose of this ordinance certain terms and words are herewith defined 4 as follows: 2.01 General : Words used in the present tense include the future. Words in singular number include the plural number and words in the plural number include the singu- lar number. The word "shall" is mandatory. The word "structure" includes the word "building." Unless otherwise specified all distances shall be measured hori- zontally and at right angles to the line in relation to which distance is specified. The word "used" shall be deemed to include designed or intended to be used. The term "Town" shall mean the Town of Fairfax. The term "Board of Zoning Appeals" shall mean the Board of Zoning Appeals of the Town of Fairfax. The term "building inspector" shall mean the building inspector of the Town of Fairfax. 2.02 Accessory Building: A subordinate building on the same lot with the main building, the use of which is incidental to that of the main building. Example: garage or tool shed. 2.03 Apartment House: A building used as a residence for three or more families living independently of each other. 2.04 Billboard: Any sign containing 60 or more square feet which is not directly con- nected with a business conducted upon the same premises. 2.05 Building: A structure projecting above the level of the ground intended for the shelter, support or enclosure of persons, animals or chattels. When a structure is completely separated into two or more portions by divisional walls from the foundation up without any normal access openings each such portion of the building shall be deemed a separate building. 2.06 Building Restriction Line: A line parallel to an abutting street beyond which no structure or appurtenance shall extend. 2.07 Carport: Any space outside a building and contiguous thereto, wholly or partly covered by a roof, and used for the shelter of motor vehicles. An unenclosed carport is a carport with no side enclosure (other than the side of the building to which the carport is contiguous) that is more than 24 inches in height, ex- clusive of screens. 2.08 Community Use: Country clubs, cultural centers, swimming pools,club houses and similar uses for use only by members thereof and not for gain. 2.09 Customary Home Occupation: The office, studio or occupational room of a physician, surgeon, dentist, architect, artist, musician, instructor in music or art, engineer, surveyor, lawyer, real estate broker, dress maker, insurance broker or similar per- son when such use is (a) conducted entirely within a dwelling which is the bona fide residence of the principal practitioner, and (b) no other persons are engaged in the occupation on the premises except not to exceed two employees of the princi- pal practitioner, and (c) there is no display of goods, tools, equipment, commercial vehicle or advertising other than an unilluminated sign not exceeding one square foot in area. The term shall exclude any funeral home, kennel , veterinary office, animal hospital and any establishment in which goods are offered for sale. 2 2. 10 Dwelling: A building constructed to accommodate one family. The term shall exclude apartments, semi-detached houses, hotels, tourist homes, trailers • and mobile homes. 2. 11 Family: One person or a group of persons related by blood or marriage, plus not 4 exceeding three additional unrelated persons. 2. 12 Height: Height shall be measured on the side of the building nearest the street from the average ground level to the level of the highest point of the roof in the case of a flat roof and to the point one-half the distance between the eaves and the highest point of the roof in the case of a pitched roof. 2. 13 Hotel : A building containing sleeping rooms for rental or hire to transients and travelers. The term shall also include motels, motor lodges and tourist cabins, and rooming houses having accommodations for more than eight persons. 2. 131 Kennel : Any place in or at which dogs are kept under any one or more of the fol- lowing conditions: (a) More than four dogs more than four months of age, or (b) any number of dogs that are kept for the purpose of sale or in connection with the boarding, care or breeding, for which any fee is charged. 2. 14 Lot: A separate piece or parcel of land having frontage on a street or having access to a street by right of way or easement, and whose area is sufficient to furnish the minimum area required for compliance with this ordinance. 2. 15 Non-conforming Building or Use: A building or use lawfully existing at the time of the adoption of this ordinance, or any amendment to this ordinance, which does not conform to the building or use regulations of the district in which it is lo- cated. I 2. 16 Non-conforming Location: A building lawfully existing at the time of adoption of this ordinance, or any amendment to this ordinance, which does not conform to the building restriction line or setback requirement of this ordinance or any amend- ment to it. 2. 17 Off-Street Parking Space: Space available on private property and usable for the parking of one motor vehicle having an area of at least 180 square feet per motor vehicle plus sufficient maneuvering area to give access to a street. 2. 18 Porch: A projection from an outside wall of a dwelling covered by a roof and/or sidewalls (other than the sides of the building to which the porch is attached) not more than two feet in height. A porch which projects beyond a setback or building restriction line may be screened but may not be enclosed with glass, jalousies, canvass, plastic or any solid material to a height exceeding two feet. 2. 19 Person: Any person, firm, partnership, association, corporation or other legal entity. 2,20 Pylon-type Sign: A self-standing sign on a pole, poles or tower, not attached to a building. 2.21 Rooming House: Any dwelling containing, in addition to living space for the operator and family, sleeping accommodations for not more than eight non-transient persons, and further the term shall include fraternity and sorority houses without limitation as to the number of sleeping accommodations. Meals may be served to persons living on the premises. 3 2.22 Semi-detached House: Two dwellings separated by a party wail , each dwelling being on a separate lot, 2.23 Setback Line: The setback required from a property line not fronting on a street, 2.24 Sign: Any sign, writing, printing, picture, painting, display, or similar de- vice which is placed out of doors or in an exterior position on any surface or structure in view of the general public for the purpose of advertising any pro- duct or service or promoting the interest of any person. The word "sign" shall include the surface or structure on which lettering is placed and signs designed to allow variable or movable lettering. The "area of a sign" shall mean the entire sign, including any sign structure and including any part of a surface used for a sign which lies within the space encompassed by the sign. When two signs are placed back to back, so as to be visible from opposite directions, they shall be deemed to be one sign. 2.25 Site Plan: A plan or plat showing in detail the following information: (a) provision for drainage and utilities, (b) means of access to public roads, (c) location of and nature of proposed landscaping and screening, (d) present and proposed topography, (e) location of proposed building, (f) elevations showing design and appearance of proposed building, (g) location and size of proposed parking area. 2.26 Street: A road or highway either accepted by the Town for maintenance or dedi- cated on an approved plat where the dedicator has entered into a contract with the Town to construct the same. k 2.27 Tourist Home: Any dwelling containing in addition to living quarters for the operator(s) , sleeping accommodations for a maximum of eight transients or tra- velers. I iT' 4 CITY OF FAIRFAX CITY HALL FAIRFAX, VIRGINIA 1 AMENDMENT TO THE ZONING ORDINANCE COVERING FLOOD PLAINS Under Section 2, Definitions, add: 2. 111 Flood Plain: Any land area along a natural drainage way which is subject to continuous or periodic inundation or flooding as delineated and shown on an official map dated July 19, 1965 on file in the office of the City Engineer, which map is made a part of this ordinance by reference. Under Section 3, General Regulations , add: 3.15 Flood Plain Development: No structure or addition to any existing structure increasing the outside perimeter of such structure shall be erected in or on any flood plain area, except as provided in the following: a. Structures of which the underside of the lowest floor (including any cellar or basement) is a minimum of 18 inches above the maximum flood level indicated on the official map and where such structure and land use will not adversely affect the natural drainage of the flood plain. A b. Backwater areas in any flood plain may be filled to raise such above flood level , but no such fill shall be made unless a prior plan of such is submitted to and approved by the City Engineer and work proceeds in f accordance with such plan. No such plan shall be approved unless the same shall provide for the permanent stabilization of such fill and no plan shall be approved and no fill shall be made which adversely affects drainage or causes or increases flooding within the flood plain or any other property. No fill shall be placed on the flood plain so as to obstruct normal flow of water or create dams causing upstream flooding or overflow. c. The approval of any construction or work pursuant to this ordinance shall not constitute a representation, guarantee or warranty of any kind or nature by the City of Fairfax or by any board, commission, agent , officer or employee thereof of the practicability or safety of any structure or other plan proposed and shall create no liability on or cause of action against said City, board, commission, officer, agent or employee for any loss or damage that may result therefrom. Adopted by the City Council on the 20th day of July, 1965. SECTION 3 GENERAL REGULATIONS 3.01 No structure shall hereafter be erected; no existing structure shall be moved, altered, added to, enlarged, nor shall any land or structure be used for any purpose not specifically permitted by this ordinance in the zone in which the 1 structure or land is located. There are hereby established the following zones in the City of Fairfax for the general purposes indicated below: R- 1 This zone is established to provide areas for single family residences with a minimum lot size of 20,000 square feet. See Section 11 for additional and specific requirements and uses. R-2 This zone is established to provide areas for single family residences with a minimum lot size of 12,500 square feet. See Section 11 for additional and specific requirements and uses. R-3 This zone is established to provide areas for single family residences with a minimum lot size of 9,500 square feet. See Section 11 for additional and specific requirements and uses. M- 1 This zone is established to provide areas for multi-family residences of the garden or low rise type. See Sections 3. 14 and 11 for additional and specific requirements and uses. j C- 1 This zone is established to provide areas for offices for business, governmental and professional uses. See Section 11 for additional and specific requirements and uses. J C-2 This zone is established to provide areas for general business estab- lishments and related activity. See Section 11 for additional and specific requirements and uses. C-3 This zone is established to provide areas for business establishments of curb service or drive in nature and related activity. See Section 11 for additional and specific requirements and uses. I- I This zone is established to provide areas for light industrial uses, more specifically outlined in Section 11 . 1-2 This zone is established to provide areas for general industrial uses, more specifically outlined in Section 11 . 3.02 No open space or lot required by this ordinance for a structure shall , dur- ing the life of that structure, be occupied by or counted as open space for another building or structure. 3.03 Where a zone boundary line divides a lot in single ownership of record at the time said line is adopted, the regulations for the less-restrictive portion of such lot shall extend not more than 50 feet into the more re- strictive portion, provided the lot has frontage on a street in the less- restrictive zone. L 5 i 3. 13 Procedures. 3. 131 Applications for change of zoning (amendment to the zoning map) shall be made by the owner, contract owner or optionee of the property on forms prescribed by the Zoning Administrator, accompanied by a plat by a certi- fied surveyor and a fee of $50.00. All applications shall be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed rezoning shall be advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days nor more than ten days after final publication. At least 10 days prior to the date of any public hearing before the Planning Commission on any proposed change in zoning the property shall be posted by the City and the applicant shall inform at least five adjacent or neighboring property owners by certified mail . 3. 132 Any comprehensive plan, or amendment thereto, or other amendment to this ordinance shall originate or be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed plan, or amendment thereto, or other amendment to this ordinance shall be advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days nor more than ten days after final publication. 3. 133 After the public hearing before the Planning Commission, the Planning Com- mission shall submit its recommendation to the City Council , but no appli- cation for change of zoning, comprehensive plan, or amendment thereto, or other amendment to this ordinance shall be acted upon by the City Council until advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of a public hearing before the City Council at which persons affected may appear and present their views, not less than five days nor more than ten days after final publication. At least ten days prior to the date of any public hearing before the City Council on any proposed change in zoning, the property shall be posted by the City and the applicant shall notify at least five adjacent or neighbor- ing property owners by certified mail . 3. 134 Upon the denial of any application filed pursuant to Section 3. 131 for change in zoning, no further application shall be filed pursuant to Section 3. 131 within twelve months for change in zoning of any or all of the same property involved in the denied application to the same zoning category ap- plied for in the denied application. The term "zoning category" as used in this section shall mean residential , commercial , apartment or industrial . The applicant may withdraw any application filed pursuant to Section 3. 131 at any time before the matter is called on the agenda of the City Council for the advertised public hearing. Thereafter such application may be withdrawn only upon the affirmative vote of a majority of the City Council present and voting. The City Council may initiate action on a proposed change in zoning by referring said proposal to the Planning Commission for a legally advertised public hearing whether or not an application for change in zoning of any or 7 all of the same property to the same zoning category has been denied within the preceding twelve months. 3. 14 Apartment Houses. 3. 141 Area Requirements: Any lot or tract used for apartment houses shall have a minimum of 10,000 square feet for the first living unit in each apartment house. For additional living units in any particular apartment house, the following areas shall be added to the 10,000 square feet requirement: Number of Rooms Lot Area Requirements per Living Unit per Living Unit 1 1500 sq. ft. 2 2000 sq. ft. 3 2500 sq. ft. 4 3000 sq. ft. Kitchen and baths shall not be included in determining the number of rooms in a given living unit. 3. 142 Apartment House Setbacks: a. No apartment house or its accessory structures shall be located less than 100 feet from the center line of any boundary street nor less than 30 feet from the right of way of any service drive paralleling a boundary street, nor less than 60 feet from the center line of any in- terior street. • b. No apartment house shall be located less than 50 feet from any side or rear property line. No accessory building shall be located less than 25 feet from any apartment house nor less than 25 feet from any side or rear property line. No parking lot shall be located less than 25 feet from any side or rear property line. c. If any of the structures in an apartment house project are so located that the front or rear of one structure faces any other structure, a distance of not less than 60 feet shall separate such structures; if any of the structures are arranged in a row, end to end, no such structure shall be closer to any other such structure than a distance equal to the average of their heights. 3. 143 Percentage of Lot Coverage: Apartment houses, including accessory building, on any lot, shall not cover more than 25% of the area of such lot. There shall be included in the percentage of lot covered 180 square feet of park- ing space for each living unit, plus sufficient maneuvering area to give access to a public street. 8 SECTION 4 Non-Conforming Uses • 4.01 If at the time of the enactment of this ordinance any structure or land is being used in a character or manner or for a purpose, or is in a location which does not conform with the provisions of this ordinance and which is not prohibited by some other ordinance, such character or manner or use, purpose or location then existing may be continued and no change of title or possession shall be construed to prevent the non-conforming location or use of such structure or land as hereinafter provided. 4.02 No structure, or land in which a non-conforming use is abandoned for a period exceeding 180 days or is superceded by a permitted use subsequent to the en- actment of this ordinance shall again be devoted to such non-conforming use. 4.03 Any non-conforming structure or land which is hereafter damaged to an extent exceeding 60 percent of its then value by fire, explosion, earthquake, flood, storm or act of God may not be restored, reconstructed or used for any purpose other than use or purpose permissible under this ordinance. 4.04 Any building in a non-conforming location which is hereafter damaged to an extent exceeding 75 percent of its then value by fire, explosion, earthquake, flood, storm or act of God may not be restored except in conformity with the building restriction and set back requirements of this ordinance. 4.05 Nothing in this ordinance shall prevent structural alterations which may be required to restore to a safe or lawful condition any part of a building deemed unsafe or unlawful . • 4.06 Non-conforming Signs: Any sign or sign structure legally existing at the time of enactment of this ordinance, but not in conformity with its provisions, may be continued with the following limitations: Any sign or sign structure which does not conform to this ordinance may not be: a. Changed to another non-conforming use. b. Extended except in conformity with this ordinance. c. Re-established after discontinuance for six months, or d. Rebuilt after damage exceeding two-thirds of its value immediately prior to damage. No sign found by the Town Manager to be a nuisance under the provision of Section 7 shall be allowed to continue as a non-conforming use and shall be removed immediately. 9 L SECTION 5 Board of Zoning Appeals 5.01 A Board of Zoning Appeals is hereby established. The membership shall con- sist of five members appointed in pursuance of Section 15-968.8 of the Code of Virginia. 5.02 Appeals to the Board may be taken by any person or persons aggrieved, or their agents, or by any employee or official of the Town. 5.03 Whenever an appeal is made to the Board the Board shall , within thirty days thereafter, advertise by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of hearing of such appeal . This hearing shall be not less than five days nor more than ten days after final publication of the notice. At least ten days prior to the date of any such hearing before the Board of Zoning Appeals the property shall be posted by the City and the applicant shall notify at least five adjacent or neighboring property owners by certified mail . 5.04 No order of the Board permitting the erecting, alteration, or use of a build- ing shall be valid for a period exceeding twelve months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in accordance with said permit(s) . In the event said order does not involve the construction of any building the order of the Board permitting the use shall not be valid for a period exceeding six months unless such use is established within six months. • 5.05 Upon appeals the Board shall determine the exact location of any zone boundary line where there is a dispute. 5.06 Upon appeals the Board shall interpret the words of the ordinance where there is a dispute as to the meaning. 5.07 The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, determination or refusal made by the Zoning Administrator, Town Manager, Town Engineer or other administrative official acting under this ordinance. 5.08 The Board is hereby empowered to grant special use permits in those cases pro- vided in the zoning schedule when in the judgment of the Board such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons liv°sng and working in the neighborhood of the proposed use. 5.09 The Board of Zoning Appeals in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular & pedestrian traffic, taking into consideration future in- crease of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, he 10 the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. 5. 10 The Board of Zoning Appeals shall have the power, except as otherwise pro- vided, to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the Town Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Board shall be guided by the standards and considerations as set forth in Paragraph 5.09. 5. 11 Where by reason of exceptional shape or area, exceptional topographic con- ditions, conditions created by a condemnation, or other extraordinary or exceptional situation or condition, wherein the application of this ordinance would result in peculiar and exceptional practical difficulty or hardship upon the owner of such property, the Board shall have the power to grant a variance from this ordinance so as to relieve such difficulties or hardships, provided such relief can be granted without substantially impairing the intent and purpose of this ordinance. i i 11 7 a SECTION 6 Off-Street Parking Off-street parking space shall be provided together with sufficient manuvering area and access to a public street. Such area shall be deemed to be required open space to associate with the permitted use and may not thereafter be re- duced or encroached upon in any manner. The following are established as mini- mum requirements: 6.01 Dwelling: One parking space for each dwelling. 6.02 Apartment House: One and one-quarter parking space for each living unit. 6.03 Hotels and Tourist Homes: One parking space for each room offered for tourist accommodations. 6.04 Rooming Houses: One parking space for each room offered for rent. 6.05 Stores and other business, trades or services other than industrial : One parking space for each 100 square feet of store floor or merchandising area. 6.06 Theater, auditorium, church, club, community use or any other place of assembly: One parking space for each five seats based on maximum seating capacity. 6.07 Office Building: One parking space for each 250 feet of office floor area. 4 6.08 Industrial : One parking space for each one and one-half employees to be employed upon the premises. 6.09 Where such space cannot be reasonably provided on the same lot with the princi- pal use, the Board of Zoning Appeals may permit such space to be located on other off-street property. 6. 10 No off-street parking shall be permitted within five feet of any street right of way line. 12 �1 SECTION 7 Signs 7.01 Permit Required: Except as set forth in Section 7.03, any person wishing to erect, install , or put up any sign or outdoor advertisement in the Town shall first obtain a permit therefor. The permit number shall be conspicuously affixed to the sign. 7.02 Exclusions from Definitions: The following shall not be deemed to be signs within the meaning of the above definition: a. Signs or plates on residential structures or premises giving the name or address of the occupant, mail boxes, paper tubes and similar uses custom- arily associated with residential use. b. Signs posted upon property relating to private parking or warning the public against trespassing or against danger from animals. c. Municipal , county, state and federal signs, including necessary traffic signs. d. Historical markers, monuments or signs erected by public authority. e. Official notices or advertisements posted or displayed by or under the direction of any public or court official in the performance of his of- ficial or directed duties or by trustees under deeds of trust or other similar instruments. f. Lettering on any vehicle actually used as such in business. 7.03 Signs for which no permit required: No permit shall be required for the following signs provided they conform as to size, location and type of construction as prescribed in this ordinance. a. Signs on churches or church property. b. Signs on window glass, interior or exterior, regardless of size. c. Signs relating to customary home occupations. (See Section 2.09.) d. Signs advertising for sale or lease dwellings in residential areas, limited to a maximum total area of four square feet per dwelling. e. Signs of persons and firms engaged in a profession and stating such profession and names involved, limited to one sign with a maximum area of 8 square feet. f. Signs erected or maintained, or caused to be erected or maintained, on any farm by the owner or lessee of such farm and relating solely to farm products producted or furnished on such farm. g. Traffic signs of not exceeding two square feet in area indicating entrance or exit. 13 7.04 Signs for Which Permits May Be Issued by the Town Manager: Permits for the following signs may be issued by the Town Manager: a. Signs attached or related to commercial buildings in commercial or in- dustrial zones which advertise the said area or products or services sold therein, said signs to have an aggregate area not exceeding three square feet for each lineal foot of building frontage occupied by the use. b. Temporary signs denoting or advertising contractors, architects, develop- ers, and real estate agents connected with the construction, or sale or lease, of structures in commercial or industrial zones and of developments in residential zones, said signs not to exceed a total area of one hundred square feet, with no single sign having an area of more than fifty square feet. Permits for such temporary signs shall be limited to 90 days' duration. A deposit of $10.00 shall be required for each sign, the deposit to be returned when the sign has been removed. c. Signs pertaining to an authorized use for a dwelling as set forth in Sec- tion 7.03, up to a total of eight square feet, but with no single sign having an area exceeding four square feet. d. Signs advertising for sale or lease dwellings in residential areas, limited to a maximum total area of sixteen square feet per dwelling. e. Signs of persons or firms engaged in a profession as set forth in Section 7.03, which signs exceed eight square feet but are less than sixteen square feet in area. 4 f. Signs advertising the place and date of fairs, carnivals, horse shows and similar events and signs of political parties or groups supporting the candidacy of any individual for office or urging public support of or op- position to any public issue to be voted upon, provided such permits shall be limited to 60 days' duration and, provided, a deposit of $15.00 has been posted with the Town Manager to insure the removal of such temporary signs. g. Any commercial use having at least fifty feet of frontage on a public street shall be permitted one pylon-type sign, the sign on which may not exceed one-half square foot per lineal foot of frontage occupied by the use or 50 square feet, whichever is smaller, and which shall be of suffi- 4 cient height as not to interfere with the line of vision of motor vehicles traveling on the street. Any commercial use having at least 200 feet of frontage on a public street shall be permitted two such pylon-type signs. For the purpose of this paragraph, an entire shopping center shall be considered one commercial use. h. Temporary banners or signs advertising special events or holidays to be observed within the Town may be permitted within public rights of ways for not exceeding 30 days provided liability insurance protection deemed adequate by the Town Manager has been Furnished and provided deposit satisfactory to the Town Manager has been posted to insure the removal of such temporary banners or signs. i . Temporary signs advertising the initial openings of business establish- ments may be permitted for not exceeding 10 days provided the location of 14 such signs are approved by the Town Manager and provided a deposit of $ 15.00 has been posted with the Town to insure the removal of such temporary signs. 7.05 Signs Prohibited: The following signs are prohibited in Town: a. Any sign in a residential zone exceeding an area of 50 square feet. b. Any sign located in any manner or place so as to constitute a hazard to traffic. c. Any sign which involves motion or rotation of any part of the sign or any sign which displays lights or warnings in such a manner as to lead to confusion with official traffic signals. d. Any sign which is a copy or imitation of an official sign, or which pur- ports to have official status. e. No sign except (1) pylon-type signs permitted by paragraph 7.04 g, (2) entrance and exit signs and (3) banners and decorations advertising special events permitted under Section 7.04 h, shall be permitted within the front set-back area required for buildings in the zoning ordinance. No sign except banners and decorations permitted under paragraph 7.04 h, shall be permitted within the public right of way or to project into a public right of way. f. Billboards, except in Industrial-2 zones. g. All temporary and portable signs and banners, except as specifically per- mitted in the ordinance. 7.06 Application for Sign Permit--Procedure: Application for a permit for a sign where required by this ordinance shall be made to the Town Manager of the Town, accompanied by the proper fee, and shall include sufficient data re- lating to the design, placement and location of the proposed sign as to enable a study to be made of the application. The Town Manager shall issue a permit for such sign provided the sign, in his opinion, is one which comes under the provisions of Section 7 of this ordinance„ if he is of the further opinion that the sign as proposed is structurally sound and would not constitute a safety hazard, and if the sign meets all other requirements of this ordinance. If the application for the permit is denied or is granted with conditions ob- jected to by the applicant the Town Manager shall state in writing the reasons for denial . If an application for a sign permit is made by someone other than the owners or lessee of the property on which the sign is to be erected, such ap- plication shall be accompanied by a written consent of such owner or lessee. 7.07 Abatement of Nuisance Signs: Any sign which is erected, used, maintained, operated, posted or displayed in violation of Section 7.05 b. , c. and d. , or which is or becomes a safety hazard, or which is not kept in a good general condition and in a reasonably good state of repair, and is not, after thirty 15 days' written notice to the person concerned, put in a safe and a good general condition and in a reasonably good state of repair, is hereby declared to be a public and private nuisance and may be removed, ob- literated or abated by the Town Manager. The Town may collect the cost of such removal , obliteration or abatement from the person concerned. The provisions of this section shall apply to all signs within the Town, regardless of whether a permit for such a sign is required by this ordinance. a ?. 16 SECTION 8 Violations 8.01 Any person violating any provision of this ordinance shall upon conviction, be fined not less than $5.00 nor more than $100.00 for each offense. Each day such violation continues shall constitute a separate offense. SECTION 9 Validity of Ordinance 9.01 Should any section, paragraph, sentence, phrase , clause or word of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional such decision shall not affect the validity of this ordinance as a whole or any other part thereof. 4- SECTION 10 Effective Date 10.01 This ordinance shall take effect and be in force immediately after adoption, the public welfare demanding it. 17 Mk SECTION 11 Zoning Schedule R-1 Zone Lot Average: 21 ,780 sq. ft. Area Minimum: 20,000 sq. ft. See Note h. Set Backs: Front Restriction Line 50'e Side 15'e Rear 25'e Minimum Width @ BRL: Interior 100' Corner Lots 125° Maximum Height: 3 stories. Off=Street Parking: See Section 6. Uses Permissible by Right: Single family dwellings, accessory buildings, agricultural use provided no animals may be housed within 100 feet of any property line. Uses Permissible on Appeal : Churches, governmental use, golf courses, plant nurseries, hospitals for treatment of human beings, nursing homes, electric transformers and substations, telephone repeater stations, club houses and grounds not conducted for gain (including swimming pools) , schools of general instruction, lodge halls, customary home occupations, kennels. Uses Prohibited: All uses not specifically permitted. R-2 Zone Lot Average: 15,000 sq. ft. Area Minimum: 12,500 sq. ft. See Note h. Set Backs: Front Restriction Line 35'b + Side 151e Rear 25'e s 18 Minimum Width BRL: 90'9 Corner Lots 115' ` Maximum Height: 3 Stories. Off-Street Parking: See Section 6. Uses Permissible by Right: All uses permissible by right in R-1 Zone, customary home occupations. Uses Permissible on Appeal : Tourist homes. All uses permissible on appeal in Rml zone, except kennels. Uses Prohibited: All uses not specifically permitted. R-3 Zone • Lot Average: 10,500 sq. ft. Area Minimum: 9,500 sq. ft. See Note h. Set Backs: Front Restriction Line 251c Side 12'e Rear 251e Minimum Width @ BRL: 70'g Corner Lots Maximum Height: 3 stories. Off-Street Parking: See Section 6. Uses Permissible by Right: All uses permissible by right in Rm2 zone, semi-detached houses. Uses Permissible on Appeal : All uses permissible on appeal in Rm2 Zone. Rooming houses subject to approval of health officer, golf driving ranges, carnivals, circuses and fairs limited to no more than two weeks duration. Uses Prohibited: 4 All uses not specifically permitted. 19 M-1 Zone Lot Average: See Section 3. 141 ) ) For Dwelling - Same as R-3 Area Minimum: See Section 3. 141 ) Set Backs: Front Restriction Line ) Side ) See Section 3. 142 Rear ) Minimum Width @ BRL: Not Applicable. Maximum Height: 3 stories. Off-Street Parking: See Section 6.02 Uses Permissible by Right: 1 . All uses permissible by right in R-3 zone. 2. Apartments and Apartment Houses, subject to the approval of a site plan by the Planning Commission, upon consideration of the follow- ing factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and land- scaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. Uses Permissible on Appeal : All uses permissible on appeal in Rm3 zone. Note: All uses permissible by right or on appeal in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage struc- tures, sidewalks, entrances and exits. Uses Prohibited: All uses not specifically permitted. 20 Commercial- 1 Zone • Lot Average: NR Area Minimum: NR For Dwelling - Set Backs: Front Restriction Line 25'c Side NRf Rear NRf Same as Minimum Width BRL: NR R-3 Maximum Height: 60' Off-Street Parking: See Section 6. Uses Permissible by Right: I . Banks, offices for professional , government, or business use, hospitals for the treatment of human beings, nursing homes, churches, and funeral homes. 2. Such ancillary uses as clinics, schools of special instruction, pharmacies or medical supply services, barber shops, beauty shops, restaurants, news- y stands, photographic services, florists, gift shops, optical stores and services, are permissible by right; provided, they are located completely within a said professional governmental or business office building, and provided further that such ancillary uses do not occupy more than 20% of the total usable floor space of said office building. 3. All uses permissible by right in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. Uses Permissible on Appeal : All uses permissible on appeal in R-3 zone. Nursery schools, telephone exchanges & dial centers. All uses permitted by right or on appeal in this zone are subject to installa- tion and approval by the Town Engineer of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. Uses Prohibited: All uses not specifically permitted. Ccmmercialm2 Zone Lot Average: NR 21 Area Minimum: NR For Dwelling Set Backs: Front Restriction Line �5'c,d Side NRf Rear NRf Same as Minimum Width @ BRL: NR R-3 Maximum Height: 60' Off-Street Parking: See Section 6 Uses Permissible by Right: 1 . All uses permissible by right in C-1 Zone. 2. Stores, laundromats, cleaning, pressing and tailor shops, printers, theaters, bowling alleys, billiard parlors, public utility use, ex- cluding property yards, hotels, motels. 3. Automobile sales, (not including exterior storage of junk automobiles) , fuel oil sales having all tanks underground, lumber and building supply sales, electrical , heating, air conditioning, plumbing or painting sales, or services, provided all materials, equipment, vehicles or machinery are stored entirely in buildings enclosed on all sides, or within such walls, fences, or planting as may be prescribed by the Planning Commission. 4. Uses indicated as ancillary in Cml . Uses Permissible on Appeal : All uses permissible on appeal in C- 1 Zone, trailer and mobil home parks subject to Sec. 5. 10 and any other applicable ordinances, veterinarians and animal hospitals, open air theaters, pony rings, riding stables, miniature golf courses. All uses permissible by right or on appeal in this zone are subject to in- stallation and approval by Town Engineer of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. Uses Prohibited: All uses not specifically permitted. Commercial-3 Zone Lot Average: Not applicable. Area Minimum: 22,000 sq. ft. -1 • 22 Set Backs: Front Restriction Line 75 feet from any public right of way line. No gasoline pump or pump island may be within 25 feet of any public right of way. Side 25 feet Rear 25 feet Minimum Width @ BRL: Not Applicable. Maximum Height: 60' Off-Street Parking: See Section 6. Uses Permissible by Right: 1 . Any use permitted in C-2 zone. 2. Automobile service stations, refreshment stands, garages (not including exterior storage of junk automobiles) , drive-in restaurants or prepared food sales operations which are predominantly carry-out and less than 75% of the food sold is consumed within a permanent building on the premises; drive-in laundry or drive- in dry cleaning establishments ; other retail stores or operations which use no permanent building or a building of less than 2,000 square feet on the ground level in a lo- cation other than a shopping center of at least 10 different retail or service stores or establishments. Uses Permissible on Appeal : Uses permissible on appeal in C-2 zone. Uses Prohibited: All uses not specifically permitted. Industrial-1 Zone Lot Average: 3 acres. Area Minimum: 3 acres. Set Backs: Front Restriction Line 100' Side 50' Rear 50' Minimum Width @ BRL: 200' Maximum Height 60' Off-Street Parking: See Section 6. 23 a Uses Permissible by Right: Industrial uses for which satisfactory evidence is presented that such uses will not adversely affect any contiguous district by reason of odor, glare, smoke, vibration, noise, or sight, subject to approval of site plan by Plan- ning Commission and construction of project in accordance with all details of site plan. No industrial building in 1-1 Zone may be enlarged or changed in use, no parking area may be moved or enlarged without prior approval of Planning Commission. Not more than 50% of the land area may be occupied by buildings. Uses Permissible on Appeal : All uses permissible by right or on appeal in R- 1 Zone. Uses Prohibited: All uses not specifically permitted. Industrial -2 Zone Lot Average: NR Area Minimum: NR Set Backs: Front Restriction Line 25'c Side NR' Rear NRi Minimum Width @ BRL: NR Maximum Height: 60' Off-Street Parking: See Section 6. Uses Permissible by Right: Warehouses, laundries, property yards, wholesale houses, fuel oil sales, bulk petroleum storage, bottling plants, bakeries, lumber yards, and monument works, other manufacturing and industrial uses for which satis- factory evidence is presented that such uses will not adversely affect any contiguous district by reason of smoke, dust or hazard of explosion, subject to approval of site plan by Planning Commission. All uses permissible in C- 1 and C-2 zones except as herein prohibited. All uses subject to installation of curbs, gutters, storm drainage struc- tures, entrances and exits and approval thereof by City Engineer. Uses Permissible on Appeal : All uses permissible by right or on appeal in C-2 Zone. Uses Prohibited: Automobile graveyards, junk yards, manufacture or refining of ammonia, 24 chlorine, brick, cement, gypsum, lime, coke, creosote, dye, explosives, fertilizer, gas, glue, rubber or acid, blast furnaces, rolling mills, fat, grease, lard or tallow manufacture, flour mill , lumber mill , Petro- • leum refinery, curing of hides or skins, rendering plant, and other uses offensive by reason of smoke, dust or hazard of explosion. Dwellings except on appeal . KEY: a or 75 ft. from center line of street narrower than 50 ft. b or 60 ft. from center line of street narrower than 50 ft. c or 50 ft. from center line of street narrower than 50 ft. d in C-2 Zone, no building need be set back more than the average setbacks of the buildings within 100' on either side. e detached accessory building or structure may have a minimum setback of 5 ft. from the side and rear property lines, provided that said detached structure is at least 7 feet away from any ad- joining structure. f except where contiguous to residential property where 25 foot setback required. 2 or 20% of lots in recorded subdivision may be 5 ft. narrower than minimum. h one single family dwelling and accessory buildings may be erected on any lot of record prior to the adoption of this ordinance which contains at least 7,500 sq. ft. of area. Side setback on such lots may be reduced to not less than 12 ft. i except where contiguous to residential property where 50' setback required. 1 22,000 sq. ft. minimum for gasoline service stations. • 25 SECTION 12 PERFORMANCE STANDARDS IN CERTAIN ZONES 12.01 No use shall be established or conducted in any Commercial-2, Industrial-1 or Industrial-2 zone in any manner in violation of this section. This section shall be in addition to the requirements of Section 11 of this ordinance and shall not in any way modify or lessen said requirements nor be read so as to permit any uses not permitted therein. 12.02 Sound The sound-pressure level of sound radiated from an establishment, measured at the lot line of the site thereof that is the nearest thereto, shall not exceed the values in any octave band of frequency that are specified in Table I below, or in Table I as modified by the correction factors set forth in Table II below. The sound-pressure level shall be measured with a sound level meter and an associated octave band analyzer conforming to standards prescribed by the American Standards Association. Table I Maximum Permissible Sound pressure Levels Measured re 0.0002 dyne per CM2 Frequency Band: Cycles per Second Decibels 20-75 74 75- 150 62 150-300 57 300-600 51 600- 1200 47 1200-2400 42 2400-4800 38 4800-10,000 35 Table II - Correction Factors Condition Correction in Decibels On a site contiguous to or across a street from the boundary of any R district es- tablished by this Zoning Ordinance Minus 5 Operation between the hours of 10:00 p.m. and 7:00 a.m. Minus 5 Sound of impulsive character (e.g. , hammering) Minus 5 26 I Table II (cont.) Condition Correction in Decibels Sound of periodic character (e.g. , hum or screech) Minus 5 Sound source operated less than 20% in any one hour period Plus 5* 5% in any one hour period Plus 10* 1% in any one hour period Plus 15* *Apply only one of these corrections. All other corrections (including any one of the footnoted corrections) are cumulative. 12.03 Vibration No vibration at any time shall produce an acceleration of more than O. lg or shall result in any combination of amplitudes and frequencies on any struc- ture beyond the "safe" range of Table 7, United States Bureau of Mines No. 442, entitled "Seismic Effects of Quarry Blasting". The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this section. 12.04 Smoke There shall be no emission into the atmosphere, from any operation, of visi- ble gray smoke of a shade darker than No. 2 on the Ringlemann Smoke Chart as published by the United States Bureau of Mines, except that visible gray smoke of a shade not darker than No. 3 on such chart may be emitted for not more than four minutes in any period of thirty minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of any other color, but with an equivalent apparent opacity. 12.05 Other Air Pollutants There shall be no emission of fly ash, dust, dirt, fumes, vapors or gases into the atmosphere from any operation to any extent that could cause any damage to the public health, to animals or vegetation, or to other forms of property, or which could cause any excessive soiling at any point. In no event shall there be any such emission of solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air, nor of acid gases in excess of 0.2% by volume. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to stack temperatures of five hundred de- grees Fahrenheit and fifty per cent excess air. 12.06 Odor There shall be no emission of odorous gas or any other odorous material in such 27 quantity as to be offensive beyond the boundaries of the site of such emission. 12.07 Radioactivity There shall be no radioactive emission that would be dangerous to health. 12.08 Electrical Interference There shall be no electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. 12.09 Liquid or Solid Wastes There shall be no discharge of any liquid or solid wastes into any stream, except as authorized by a public agency. 12. 10 Glare and Heat There shall be no direct or reflected glare, whether from flood lights or from high-temperature processes (for example, combustion or welding) so as to be visible from within any Residential zone. There shall be no discharge of heat or heated air from any source so as to be detectable beyond the lot line. 28 SECTION 13 OLD AND HISTORIC FAIRFAX DISTRICTS SECTION 13.01 . There are hereby created in the City of Fairfax, Virginia, districts to be known as "Old and Historic Fairfax Districts", the first of which shall begin at a point N 16° 15'E, 150' and N 73°45'W, 150.00' from the Northwest corner of the inter- section of North Street and West Street; Thence along the following courses: S 75°45' E 1490.00 ft. ; S 16°15'W 1292.00 ft. ; N 73°45' W 1110.00 ft. ; N 16° 15' E 628.00 ft. ; N 73°45' W 380.00 ft. ; N 16° 15' E 664.00 ft. ; to a point of beginning, and being more generally described as the original Town of Providence, as resurveyed and rededicated in Liber 0-3, Page 208 in the land records of Fairfax County, Virginia, together with a 150' wide bor- der around said Town (more or less, to conform with existing property lines) . It shall be within the province and power of the City Council to enlarge said first such district in such manner as it shall see fit or to create additional such districts within the City corporate limits at such time as the Council deems such action to be in the public interest by promoting the general welfare of the community through the preservation of old and historic places, or areas of historic interest in the City. SECTION 13.02. In order to promote the general welfare through the preservation and protection of historic places and areas of historic interest in the City, no build- . ing or structure shall hereafter be erected, reconstructed, altered or restored, within said Old and Historic Fairfax District, unless and until an application for a certificate of appropriateness shall have been approved by the Board of Architectural Review herein- , after created, as to exterior architectural features including signs, which are subject to public view from a public street, way or place. Evidence of such required approval shall be a certificate of appropriateness issued by the Board of Architectural Review hereinafter created. SECTION 13.03. In order to promote the general welfare through the preservation and protection of historic places and areas of historic interest in the City, no building which existed within the Old and Historic Fairfax District in 1900 or prior thereto, except as provided in SEC. 13. 13 of this article, shall be razed without first obtaining a permit approved by the Board of Architectural Review or the City Council on appeal , and such Board and Council shall be empowered to refuse such permit for any structure of such architectural or historic interest, the removal of which in the opinion of the Board or the City Council would be detrimental to the public interest of this City. SECTION 13.04. Applications, or reapplications as hereinafter provided, for such certificates of appropriateness or permit shall be made to the City Planning Director 29 I 4 of the City of Fairfax, Virginia, together withtender of a $50.00 fee therefor. SECTION 13.05. For the purpose of making effective the provisions of this article, there is hereby created a board to be known as the Board of Architectural Review, to be composed of seven members, six of whom shall be appointed by the Council . At least one appointee shall be an architect licensed in Virginia and one member shall be appointed from among the membership of the Planning Commission. The City Planning Director shall be a member by virtue of his office. Term of office of all members except the Planning Di- rector shall be coincidental with that of City Council and the reappointment of any mem- ber for an additional term or terms shall be by affirmative action of the Council only, except that the term of the City Planning Director shall correspond to his official tenure of office. The term of the Planning Commission member shall be further limited by his term on the Commission. Any appointed member of the Board may be removed from office without cause by a two-thirds vote of the elected members of Council . Any appointment to fill a vacancy shall be only for the unexpired portion of the term. SECTION 13.06. The Board of Architectural Review shall elect its Chairman from its appointed membership and the City Planning Director shall be its Secretary. SECTION 13.07. The Chairman shall conduct the meetings of the Board. The Secretary shall be responsible for keeping the minutes of the meetings and a permanent record of all resolutions, motions, transactions, and determinations, which minutes and records shall be kept available and open to public inspection. All members of the Board shall be entitled to vote and the decisions of the Board shall be determined by a majority of the membership. A quorum of four members present is required before the Board may take any official action. The Board shall meet within twenty-one days after notification by the City Planning Director of an application for a certificate of appropriateness or permit requiring action by the Board. The meetings of the Board shall be open to the public, and a public hearing shall be held by it on all applications coming before it. The Board shall vote and announce its decision on any matter properly before it not later than fourteen days after the conclusion of the public hearing on the matter, un- less the time is extended by mutual agreement between the Board and the applicant. The Board shall not reconsider any decision made by it, except in cases where an applicant appears within ninety days with his application amended as hereinafter provided. The Board shall not hear the subject matter of any application which has been denied for a period of one year, except in cases where an applicant appears within ninety days with his application amended as hereinafter provided. In case of disapproval of the erection, reconstruction, alteration or restoration of a building or structure, the Board shall briefly state its reasons therefor in writ- ing and it may make recommendations to the applicant with respect to the appropriateness of design, arrangement, texture, material , color, location, and the like of the building or structure involved. In case of disapproval accompanied by recommendations, the ap- plicant may again be heard before the Board if within ninety days he comes before the Board with his application so amended that it will comply with all of the recommendations of the Board. In case of disapproval of the razing of a building which existed within the Old and Historic Fairfax District in 1900 or prior thereto, the Board shall state its reasons therefor in writing in some detail . If there be an appeal , the Board shall forthwith forward its reasons to the Council . 30 In matters covering the procedure for meetings not covered by this article, the Board may establish its own rules, provided they are not contrary to the spirit of this article. SECTION 13.08. No application for a permit to raze a building which existed in the Old and Historic Fairfax District in the year 1900 or prior thereto shall be considered by the Board unless and until the Secretary to the Board has caused to be prepared an advertisement stating the time, date, and place of the proposed hearing before the Board, the location of the property involved and the nature of the application; and further has caused such advertisements to be published once a week for two successive weeks in some newspaper published or having general circu- lation within the City, the last publication appearing not less than five days nor more than ten days before the published hearing. SECTION 13.09. The Board shall not consider interior arrangement or features not subject to any public view and shall not make any requirements except for the purpose of preventing development obviously incongruous to the old and historic aspect of the area. The Board shall consider the following in passing upon the appropriateness of architectural features: a. Exterior architectural features, including all signs, which are subject to public view from a public street, way or place. b. General design and arrangement. c. Texture, material , and color. d. The relation of the factors in a, b, and c above to similar features of buildings and structures in the immediate surround- ings. e. The extent to which the building or structure would be harmonious with or obviously incongruous to the old and historic aspect of the district. f. The extent to which the building or structure will preserve or protect historic places and areas of historic interest in the City. g. The extent to which the building or structure will promote the general welfare of the City and all citizens by the preservation and protection of historic places and areas of historic interest in the City. h. The extent to which said preservation and protection will promote the general welfare by maintaining and increasing real estate values, generating business, creating new positions, attracting tourists, students, writers, historians, artists and artisans, at- tracting new residents, 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, and making the City a more attractive and desirable place in which to live. 31 SECTION 13. 10. The Board or the Council , on appeal , shall grant the owner of any building which existed within the Old and Historic Fairfax District in the year 1900 or prior thereto, a permit to raze the said building unless: a. The building is of such architectural or historical interest that its removal would be to the detriment of the public interest; and b. 1 . The building is of such interest that it can be made into a historic shrine; or 2. The building 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 building would help preserve and protect a historic place or area of historic interest in the City; or 4. Retention of the building would protect the general welfare by maintaining and increasing real estate values, generating busi- ness, creating new positions, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in American or Vir- ginia 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. SECTION 13. 11 . Immediately upon approval by the Board of any erection, reconstruc- tion, alteration or restoration, a certificate of appropriateness signed by the Secretary of the Board and bearing the date of issuance shall be made available to the applicant. Immediately upon approval by the Board of any application to raze a building which existed in the year 1900 or prior thereto, a permit to raze a building existing on or before the year of 1900 signed by the Secretary of the Board and bearing the date of issuance, shall be made available to the applicant. In instances where the City Council on appeal approves the razing of such a building, a permit to raze a building which existed in the year 1900 or prior thereto, bearing the date of issuance, shall forthwith be signed by the Mayor and made available to the applicant. SECTION 13. 12. Whenever the Board shall disapprove an application for a permit to raze such a building existing on or before the year 1900, the applicant shall have the right to appeal to and be heard before the City Council of the City of Fairfax, Vir- ginia, provided he files with the Clerk of the City Council on or before fourteen (14) days after the decision of the Board, a notice in writing of his intention to appeal . Upon receipt of such notice, the Clerk of the City Council shall forthwith notify the City Manager who shall schedule a public hearing before the City Council at a time not less than thirty (30) days after the receipt by the Clerk of such notice, but no such hearing shall be had unless and until the City Manager has caused to be prepared an advertisement stating the time, date, and place of the proposed hearing before the 32 Council , the location of the property involved, and ndetthe tnature ofcthe hearing; and further has caused such advertisement to be pu successive weeks in some newspaper published or having general circulation within the City. On any appeal , the City Council shall conduct a public hearing on the matter, before rendering any decision, which decision shall be final . SECTION 13. 13. Nothing in this article shall be construed to be in conflict with any ordinance which permits the razing of unsafe structures. SECTION 13. 14. If any person shall tender a fee to the City in the sum of $50.00 to cover costs in connection with notice, the City Manager shall cause to be mailed to each such person for a period of one year notice of the respective public hearings on all matters concerning the Old and Historic Fairfax Districts, which notice tshall labe, mailed at least five (5) days before a hearing and shall state the time, and nature of the proposed hearing and location of the property involved. 33 SUGGESTED CRITERIA FOR THE BOARD OF ARCHITECTURAL REVIEW ADOPTED MARCH 9, 1965 The two outstanding buildings of historic architectural inter- est in "Old and Historic Fairfax" are the original part of the Fairfax Court House and the Truro Episcopal Church, * The style of architecture of the general period in which these were built is variously referred to as "Colonial" ( of the Middle Atlantic Area) , "Early American" , "Jeffersonian" , "Williamsburg" , and "Georgian" . These terms are not synony- mous , but the styles are closely related and harmonize with each other. Not all buildings built in this period were good , any more than today, but this general style of architecture was one of the most charming styles ever developed in our country and is closely identified with the early history of Fairfax. ThiS style , or styles , offers a wide variety of design possibili- ties so that there is no need of repetition and monotony. Although originally designed for life in another era, it is not incompatible with most needs of present day life if used with skill and care. In my opinion, if this general type or style were followed in all new construction in the "Old and Historic Fairfax Dis- trict" it would result in a unique and beautiful place. There are other historic buildings in this "District" which are of a later vintage which, although of lesser architectural merit , would not clash with this "Early American" style and are of great historic interest. Such buildings should be carefully appraised and preserved but not emulated in the new cons truction. The Characteristics of this general style (shall we call it "Early American" ) are best depicted in the many books pub- lished on the subject. Conspicuous features are sloped roofs with slate` or shingles , red or pink sand finished colonial , brick, Flemish bond brickwork , double hung or fixed windows with small panes of glass, oriol windows , bow windows , dormer windows, shutters , large chimneys , white cornices with modules , iron work, coupolas on the larger buildings , white clapboard , white columns, etc. , etc. No one building , of course , should have all these features nor be limited to them. A building could have all these features and yet be very bad. It is of equal importance for a building to have good line , proportion , mass, scale and composition. This can only be done by a skilled designer . I believe it is of great importance * It is realized that the Truro Church was rebuilt in recent years , but the exterior design has carried out the spirit of the original historic structure to an admirable degree. that all work in the "District" should be done by an exper- ienced , registered architect and when submitted to the board for approval should be accurately drawn in plan , elevation and section, and in sufficient detail to show its relation to the rest of the site , including setbacks and surroundings , and sidewalk and curb lines . The materials to be used should be noted and all other information that would be needed for the board to make an intelligent appraisal and render a de- cision. Earl B. Bailey , A. I. A. • A March 9, 1965 Page 2. ZONING ORDINANCE TOWN OF FAIRFAX, VIRGINIA `illtIt4�f, Ii 11 a DECEMBER 7, 1960 ZONING ORDINANCE TOWN OF FAIRFAX, VIRGINIA SECTION 1 Be it ordained by the Town of Fairfax, Commonwealth of Virginia, as follows: The Town of Fairfax is hereby divided into zones as shown on the zoning schedule hereto attached and the zoning maps filed in the office of the Town Manager. The zoning map and sched- ule and all the explanatory matter thereon are hereby made a part of this ordinance. This ordi- nance shall be effective as of December 7, 1960. SECTION 2 Definitions For the purpose of this ordinance certain terms and words are herewith defined as follows: 2.01 General: Words used in the present tense include the future. Words in singular number include the plural number and words in the plural number include the singular number. The word "shall" is mandatory. The word "structure" includes the word "building." Un- less otherwise specified all distances shall be measured horizontally and at right angles to the line in relation to which distance is specified. The word "used" shall be deemed to in- clude designed or intended to be used. The term "Town" shall mean the Town of Fairfax. The term "Board of Zoning Appeals" shall mean the Board of Zoning Appeals of the Town of Fairfax. The term "building inspector" shall mean the building inspector of the Town of Fairfax. 2.02 Accessory Building: A subordinate building on the same lot with the main building, the use of which is incidental to that of the main building. Example: garage or tool shed. 2.03 Apartment House: A building used as a residence for three or more families living inde- pendently of each other. 2.04 Billboard: Any sign containing 60 or more square feet which is not directly connected with a business conducted upon the same premises. 2.05 Building: A structure projecting above the level of the ground intended for the shelter, support or enclosure of persons, animals or chattels. When a structure is completely separ- ated into two or more portions by divisional walls from the foundation up without any normal access openings each such portion of the building shall be deemed a separate build- ing. 2.06 Building Restriction Line: A line parallel to an abutting street beyond which no structure or appurtenance shall extend. 2.07 Carport: Any space outside a building and contiguous thereto, wholly or partly covered by a roof, and used for the shelter of motor vehicles. An unenclosed carport is a carport with no side enclosure (other than the side of the building to which the carport is contig- uous) that is more than 24 inches in height, exclusive of screens. 1 2.08 Community Use: Country clubs, cultural centers, swimming pools, club houses and sim- ilar uses for use only by members thereof and not for gain. 2.09 Customary Home Occupation: The office, studio or occupational room of a physician, sur- geon, dentist, architect, artist, musician, instructor in music or art, engineer, surveyor, lawyer, real estate broker, dress maker, insurance broker or similar person when such use is (a) conducted entirely within a dwelling which is the bona fide residence of the prin- cipal practitioner, and (b) no other persons are engaged in the occupation on the premises except not to exceed two employees of the principal practitioner, and (c) there is no dis- play of goods, tools, equipment, commercial vehicle or advertising other than an unillu- minated sign not exceeding one square foot in area. The term shall exclude any funeral home, kennel, veterinary office, animal hospital and any establishment in which goods are offered for sale. 2.10 Dwelling: A building constructed to accommodate one family. The term shall exclude apartments, semi-detached houses, hotels, tourist homes, trailers and mobile homes. 2.11 Family: One person or a group of persons related by blood or marriage, plus not exceeding three additional unrelated persons. 2.12 Height: Height shall be measured on the side of the building nearest the street from the average ground level to the level of the highest point of the roof in the case of a flat roof and to the point one-half the distance between the eaves and the highest point of the roof in the case of a pitched roof. 2.13 Hotel: A building containing sleeping rooms for rental or hire to transients and travelers. The term shall also include motels, motor lodges and tourist cabins, and rooming houses having accommodations for more than eight persons. 2.14 Lot: A separate piece or parcel of land having frontage on a street or having access to a street by right of way or easement,and whose area is sufficient to furnish the minimum area required for compliance with this oridinance. 2.15 Non- conforming Building or Use: A building or use lawfully existing at the time of the adoption of this ordinance, or any amendment to this ordinance, which does not conform to the building or use regulations of the district in which it is located. 2.16 Non-conforming Location: A building lawfully existing at the time of adoption of this ordinance, or any amendment to this ordinance, which does not conform to the building restriction line or setback requirement of this ordinance or any amendment to it. 2.17 Off-street Parking Space: Space available on private property and usuable for the park- ing of one motor vehicle having an area of at least 180 square feet per motor vehicle plus sufficient maneuvering area to give access to a street. 2.18 Porch: A projection from an outside wall of a dwelling covered by a roof and/or sidewalls (other than the sides of the building to which the porch is attached) not more than two feet in height. A porch which projects beyond a setback or building restriction line may be screened but may not be enclosed with glass, jalousies, canvass, plastic or any solid material to a height exceeding two feet. 2.19 Person: Any person, firm, partnership, association, corporation or other legal entity. 2 2.20 Pylon-type Sign: A self-standing sign on a pole, poles or tower,not attached to a building. 2.21 Rooming House: Any dwelling containing, in addition to living space for the operator and family,sleeping accommodations for not more than eight non-transient persons, and further the term shall include fraternity and sorority houses without limitation as to the number of sleeping accommodations. Meals may be served to persons living on the premises. 2.22 Semi-detached House: Two dwellings separated by a party wall, each dwelling being on a separate lot. 2.23 Setback Line: The setback required from a property line not fronting on a street. 2.24 Sign: Any sign, writing, printing, picture, painting, display, or similar device which is placed out of doors or in an exterior position on any surface or structure in view of the general public for the purpose of advertising any product or service or promoting t h e interest of any person. The word "sign" shall include the surface or structure on which lettering is placed and signs designed to allow variable or movable lettering. The "area of a sign" shall mean the entire sign, including any sign structure and including any part of a surface used for a sign which lies within the space encompassed by the sign. When two signs are placed back to back, so as to be visible from opposite directions, they shall be deemed to be one sign. 2.25 Site Plan: A plan or plat showing in detail the following information: (a) provision for drainage and utilities, (b) means of access to public roads, (c) location of and nature of proposed landscaping and screening, (d) present and proposed topog- raphy, (e) location of proposed building, (f) elevations showing design and appearance of proposed building, (g) location and size of proposed parking area. 2.26 Street: A road or highway either accepted by the Town for maintenance or dedicated on an approved plat where the dedicator has entered into a contract with the Town to con- struct the same. 2.27 Tourist Home: Any dwelling containing in addition to living quarters for the operator(s), sleeping accommodations for a maximum of eight transients or travelers. SECTION 3 General Regulations 3.01 No structure shall hereafter be erected; no existing structure shall be moved, altered, add- ed to, enlarged, nor shall any land or structure be used for any purpose not specifically per- mitted by this ordinance in the zone in which the structure or land is located. 3.02 No open space or lot required by this ordinance for a structure shall, during the life of that structure, be occupied by or counted as open space for another building or structure. 3.03 Where a zone boundary line divides a lot in single ownership of record at the time said line is adopted, the regulations for the less-restrictive portion of such lot shall extend not more than 50 feet into the more restrictive portion,provided the lot has frontage on a street in the less-restrictive zone. 3 3.04 This ordinance shall be enforced by a zoning administrator appointed by the Town Mana- ger. No land or structure shall be changed in use and no structure shall be erected, altered, added to, enlarged, or moved until the zoning administrator shall have issued a zoning per- mit certifying that the plans and intended use of the structure and the location thereof are in conformity with this ordinance. 3.05 Zoning permits shall be required in all cases in which building permits are required under the building code and in all cases in which a change of use of an existing structure or lot is proposed. 3.06 First Approval: No permit for the construction of any structure shall be issued until an application therefor, accompanied by plans of the proposed structure or use, has been sub- mitted to and approved by the Zoning Administrator. The Zoning Administrator shall not approve any application when under this ordinance prior approval of the Planning Com- mission, Board of Zoning Appeals or Health Officer is required until the approval of said Planning Commission, Board of Zoning Appeals or Health Officer is obtained. 3.07 Location Check: No building, except additions or accessories to existing dwelling, shall proceed beyond first floor level until the location of the footings and walls as shown by cer- tified surveyor's plat thereof, has been approved by the Zoning Administrator. 3.08 Certificate of Occupancy: No land or structure hereafter erected, moved or altered in its use shall be used until the Zoning Administrator shall have issued a certificate of occupancy stating that such land or structure and its location is found to be in conformity with the provisions of this ordinance and all other applicable ordinances. 3.09 Spires and towers not used for human habitation, excluding signs, may extend above the height of limitation herein fixed. Walls and similar projections not used for human habita- tion, excluding signs, may extend above the height limitation not exceeding 5 feet. 3.10 Sills, cornices and similar ornamental features may project not exceeding 18 inches beyond any required set back or building restriction line. 3.11 Bay windows, porches, balconies and similar features may project not exceeding three feet beyond any required set back or building restriction line. Set back and building restriction lines shall not apply to terraces, patios and un-roofed porches on ground level. 3.12 Fences: Building restriction lines and setback requirements shall not apply to fences, walls, trees, hedges and shrubbery. 3.13 The following fees shall be required of all applicants for zoning permits: Zoning Permit—No Charge. Occupancy Permit—$2.50. Rezoning Applications--$50.00. 3.14 The following fees shall be required of all applicants for sign permits: For each sign exceeding 100 square feet in area, $10.00. For each sign exceeding 50 square feet in area,$7.50. Temporary signs and posters of less than two square feet in area, $5.00 per 100 signs. 4 (Provided deposit is posted as required in paragraph 7.04 (f).) For all other signs for which a permit is required, $2.50. No fee shall be charged for any sign erected by any church or eleemosynary organization. 3.15 Applications for change of zoning shall be made on forms prescribed by the Zoning Ad- ministrator, accompanied by a plat of a certified surveyor and a fee of $50.00. All ap- plications shall be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed rezoning shall be advertised in a newspaper of general circulation in the Town of Fairfax for five consecutive days commencing at least ten days prior to such hearing, the property shall be posted by the Town at least ten days prior to the hearing, and the applicant shall notify at least five adjacent or neighboring property owners by certified mail at least ten days prior to the date of the hearing. After the public hearing before the Planning Commission, the Planning Commis- sion shall submit their recommendation to the Town Council. No application shall be heard by the Town Council until advertisement in a newspaper of general circulation within the Town at least ten days prior to such hearing and the posting of the property at least ten days prior to the date of hearing. SECTION 4 Non-Conforming Uses 4.01 If at the time of the enactment of this ordinance any structure or land is being used in a character or manner or for a purpose, or is in a location which does not conform with the provisions of this ordinance and which is not prohibited by some other ordinance, such character or manner or use, purpose or location then existing may be continued and no change of title or possession shall be construed to prevent the non-conforming location or use of such structure or land as hereinafter provided. 4.02 No structure, or land in which a non-conforming use is abandoned for a period exceeding 180 days or is superceded by a permitted use subsequent to the enactment of this ordi- nance shall again be devoted to such non-conforming use. 4.03 Any non-conforming structure or land which is hereafter damaged to an extent exceeding 60 percent of its then value by fire, explosion, earthquake, flood, storm or act of God may not be restored, reconstructed or used for any purpose other than use or purpose per- missible under this ordinance. 4.04 Any building in a non-conforming location which is hereafter damaged to an extent ex- ceeding 75 percent of its then value by fire, explosion, earthquake, flood, storm or act of God may not be restored except in conformity with the building restriction and set back requirments of this ordinance. 4.05 Nothing in this ordinance shall prevent structural alterations which may be required to restore to a safe or lawful condition any part of a building deemed unsafe or unlawful. 4.06 Non-conforming Signs: Any sign or sign structure legally existing at the time of enact- ment of this ordinance, but not in conformity with its provisions, may be continued with the following limitations: Any sign or sign structure which does not conform to this ordinance may not be: a. Changed to another non-conforming use. b. Extended except in conformity with this ordinance. c. Re-established after discontinuance for six months, or d. Rebuilt after damage exceeding two-thirds of its value immediately prior to damage. No sign found by the Town Manager to be a nuisance under the provision of Section 7 shall be allowed to continue as a non-conforming use and shall be removed immediately. SECTION 5 Board of Zoning Appeals 5.01 A Board of Zoning Appeals is hereby established. The membership shall consist of five members appointed in pursuance of Section 15-825 of the Code of Virginia. The chairman shall be appointed by the Mayor. The term of office for members of the Board shall be three years. 5.02 Appeals to the Board may be taken by any person or persons aggrieved, or their agents, or by any employee or official of the Town. 5.03 Whenever any appeal is made to the Board, the Board shall within thirty days thereafter publish a notice in a newspaper of general circulation in the Town of the time and place of hearing of such appeal, not less than 10 days before such hearing. Additional notice of such hearing shall be given by the applicant to at least five neighboring or adjacent property owners by certified mail. The Board shall hear all parties interested or affected. In addition to the notice by publication in the newspaper, notice of all hearings affecting any particular tract of land shall be given by posting said land at least 10 days prior to hearing. 5.04 No order of the Board permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve months, unless building permit(s) for the erection of each of such building or buildings, is/are obtained, construction is begun within said period and construction proceeds to completion in accordance with said permit(s). In the event said order does not involve the construction of any building the order of the Board permitting the use shall not be valid for a period exceeding six months unless such use is established within six months. 5.05 Upon appeals the Board shall determine the exact location of any zone boundary line where there is a dispute. 5.06 Upon appeals the Board shall interpret the words of the ordinance where there is a dispute as to the meaning. 6 5.07 The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, determination or refusal made by the Zoning Administra- tor, Town Manager, Town Engineer or other administrative official acting under this or- dinance. 5.08 The Board is hereby empowered to grant special use permits in those cases provided in the zoning schedule when in the judgment of the Board such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of per- sons living and working in the neighborhood of the proposed use. 5.09 The Board of Zoning Appeals in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular & pedestrian traffiic, taking into consideration future increase of vehicular traf- fic, lighting, noise, traffic, sight, smoke, dust, odor,vibration and other factors which may af- fect the serenity of the neighborhood, the safety and movement of vehicular traffic upon ad- jacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. 5.10 The Board of Zoning Appeals shall have the power, except as otherwise provided, to impose conditions upon the issuance of any special use permit and to require bond ac- ceptable to the Bond Committee of the Town Council of any applicant to insure com- pliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Board shall be guided by the standards and considerations as set forth in Paragraph 5.09. 5.11 Where by reason of exceptional shape or area, exceptional topographic conditions, con- ditions created by a condemnation, or other extraordinary or exceptional situation or condition, wherein the application of this ordinance would result in peculiar and excep- tional practical difficulty or hardship upon the owner of such property, the Board shall have the power to grant a variance from this ordinance so as to relieve such difficulties or hardships, provided such relief can be granted without substantially impairing the intent and purpose of this ordinance. 5.12 In considering applications for special use permits for apartments the Board of Zoning Appeals shall consider the following standards: 5.121 Area Requirements: Any lot or tract used for apartment houses shall have a minimum of 10,000 square feet for the first living unit in each apartment house. For additional living units in any particular apartment house, the following areas shall be added to the 10,000 square feet requirement. Number of Rooms Lot Area Requirements per Living Unit per Living Unit 1 1500 sq. ft. 2 2000 sq. ft. 3 2500 sq. ft. 4 3000 sq. ft. 7 Kitchen and baths shall not be included in determining the number of rooms in a given living unit. 5.122 Apartment Setbacks: Each apartment house within the Town shall comply with the following setback requirements: a. No apartment house or its accessory structures shall be located less than 100 feet from the center line of any boundary street nor less than 30 feet from the right of way of any service drive paralleling a boundary street, nor less than 60 feet from the center line of any interior street. b. No apartment house shall be located less than 50 feet from any side or rear property line. No accessory building shall be located less than 25 feet from any apartment house nor less than 25 feet from any side or rear property line. No parking lot shall be lo- cated less than 25 feet from any side or rear property line. c. If any of the structures in an apartment house project are so located that the front or rear of one structure faces any other structure, a distance of not less than 60 feet shall separate such structures; if any of the structures are arranged in a row, end to end, no such structure shall be closer to any other such structure than a distance equal to the average of their heights. 5.123 Percentage of Lot Coverage- Apartment Houses: Apartment houses, including accessory buildings, on any lot, shall not cover more than twenty-five per cent of the area of such lot. There shall be included in the percentage of lot covered 180 square feet of parking space for each living unit plus sufficient maneuvering area to give access to a public street. 5.13 The requirements herein set out as to density shall be considered maximum require- ments. The Board of Zoning Appeals, upon granting a use permit, may not impose more restrictive conditions as to density. SECTION 6 Off-Street Parking Off-street parking space shall be provided together with sufficient manuvering area and access to a public street. Such area shall be deemed to be required open space to asso- ciate with the permitted use and may not thereafter be reduced or encroached upon in any manner. The following are established as minimum requirements: 6.01 Dwelling: One parking space for each dwelling. 6.02 Apartment House: One and one-quarter parking space for each living unit. 6.03 Hotels and Tourist Homes: One parking space for each room offered for tourist accom- modations. 6.04 Rooming Houses: One parking space for each room offered for rent. 8 6.05 Stores and other business, trades or services other than industrial: One parking space for each 100 square feet of store floor or merchandising area. 6.06 Theater, auditorium, church, club. community use or any other place of assembly: One parking space for each five seats based on maximum seating capacity. 6.07 Office Building: One parking space for each 250 feet of office floor area. 6.08 Industrial: One parking space for each one and one-half employees to be employed upon the premises. 6.09 Where such space cannot be reasonably provided on the same lot with the principal use, the Board of Zoning Appeals may permit such space to be located on other off-street property. 6.10 No off-street parking shall be permitted within five feet of any street right of way line. SECTION 7 Signs 7.01 Permit Required: Except as set forth in Section 7.03, any person wishing to erect, in- stall, or put up any sign or outdoor advertisement in the Town shall first obtain a permit therefor. The permit number shall be conspicuously affixed to the sign. 7.02 Exclusions from Definitions: The following shall not be deemed to be signs within the meaning of the above definition: a. Signs or plates on residential structures or premises giving the name or address of the occupant, mail boxes, paper tubes and similar uses customarily associated with residential use. b. Signs posted upon property relating to private parking or warning the public against trespassing or against danger from animals. c. Municipal, county, state and federal signs, including necessary traffic signs. d. Historical markers, monuments or signs erected by public authority. e. Lettering on any vehicle actually used as such in business. f. Official notices or advertisements posted or displayed by or under the direction of any public or court official in the performance of his official or directed duties or by trustees under deeds of trust or other similar instruments. 7.03 Signs for which no permit required: No permit shall be required for the following signs provided they conform as to size, location and type of construction as prescribed in this ordinance. a. Signs on churches or church property. b. Signs on window glass, interior or exterior, regardless of size. c. Signs relating to customary home occupations. (See Section 2.09.) 9 d. Signs advertising for sale or lease dwellings in residential areas, limited to a maxi- mum total area of four square feet per dwelling. e. Signs of persons and firms engaged in a profession and stating such profession and names involved, limited to one sign with a maximum area of 8 square feet. f. Signs erected or maintained, or caused to be erected or maintained, on any farm by the owner or lessee of such farm and relating solely to farm products producted or furnished on such farm. g. Traffic signs of not exceeding two square feet in area indicating entrance or exit. 7.04 Signs for Which Permits May Be Issued by the Town Manager: Permits for the follow- ing signs may be issued by the Town Manager: a. Signs attached or related to commercial buildings in commercial or industrial zones which advertise the said area or products or services sold therein, said signs to have an aggregate area not exceeding three square feet for each lineal foot of building frontage occupied by the use. b. Temporary signs denoting or advertising contractors, architects, developers, and real estate agents connected with the construction,or sale or lease,of structures in commercial or industrial zones and of developments in residential zones, said signs not to exceed a total area of one hundred square feet, with no single sign having an area of more than fifty square feet. Permits for such temporary signs shall be limited to 90 days' duration. A deposit of $10.00 shall be required for each sign, the deposit to be returned when the sign has been removed. c. Signs pertaining to an authorized use for a dwelling as set forth in Section 7.03, up to a total of eight square feet, but with no single sign having an area exceeding four square feet. d. Signs advertising for sale or lease dwellings in residential areas, limited to a maxi- mum total area of sixteen square feet per dwelling. e. Signs of persons or firms engaged in a profession as set forth in Section 7.03, which signs exceed eight square feet but are less than sixteen square feet in area. f. Signs advertising the place and date of fairs, carnivals, horse shows and similar events and signs of political parties or groups supporting the candidacy of any indi- vidual for office or urging public support of or opposition to any public issue to be voted upon, provided such permits shall be limited to 60 days' duration and, provid- ed, a deposit of $15.00 has been posted with the Town Manager to insure the removal of such temporary signs. g. Any commerical use having at least fifty feet of frontage on a public street shall be permitted one pylon-type sign, the sign on which may not exceed one-half square foot per lineal foot of frontage occupied by the use or 50 square feet,whichever is smaller, and which shall be of a sufficient height as not to interfere with the line of vision of motor vehicles traveling on the street. Any commercial use having at least 200 feet of frontage on a public street shall be permitted two such pylon-type signs. For the pur- pose of this paragraph, an entire shopping center shall be considered one commercial use. 10 h. Temporary banners or signs advertising special events or holidays to be observed within the Town may be permitted within public rights of ways for not exceeding 30 days provided liability insurance protection deemed adequate by the Town Manager has been furnished and provided deposit satisfactory to the Town Manager has been posted to insure the removal of such temporary banners or signs. i. Temporary signs advertising t h e initial openings of business establishments may be permitted for not exceeding 10 days provided the location of such signs are approved by the Town Manager and provided a deposit of $15.00 has been posted with the Town to insure the removal of such temporary signs. 7.05 Signs Prohibited: The following signs are prohibited in Town: a. Any sign in a residential zone exceeding an area of 50 square feet. b. Any sign located in any manner or place so as to constitute a hazard to traffic. c. Any sign which involves motion or rotation of any part of the sign or any sign which displays lights or warnings in such a manner as to lead to confusion with official traffic signals. d. Any sign which is a copy or imitation of an official sign, or which purports to have official status. e. No sign except (1) pylon-type signs permitted by paragraph 7.04 g, (2) entrance and exit signs and (3) banners and decorations advertising special events permitted under Section 7.04 h, shall be permitted within the front set-back area required for buildings in the zoning ordinance. No sign except banners and decorations permitted under paragraph 7.04 h, shall be permitted within the public right of way or to project into a public right of way. f. Billboards, except in Industrial-2 zones. g. All temporary and portable signs and banners, except as specifically permitted in the ordinance. 7.06 Application for Sign Permit—Procedure: Application for a permit for a sign where required by this ordinance shall be made to the Town Manager of the Town, accompanied by the proper fee, and shall include sufficient data relating to the design, placement and location of the proposed sign as to enable a study to be made of the application. The Town Manager shall issue a permit for such sign provided the sign, in his opinion, is one which comes un- der the provisions of Section 7 of this ordinance, if he is of the further opinion that the sign as proposed is structurally sound and would not constitute a safety hazard, and if the sign meets all other requirements of this ordinance. If the application for the permit is denied or is granted with conditions objected to by the applicant the Town Manager shall state in writing the reasons for denial. If an application for a sign permit is made by someone other than the owners or les- see of the property on which the sign is to be erected, such application shall be accompa- nied by a written consent of such owner or lessee. 7.07 Abatement of Nuisance Signs: Any sign which is erected, used, maintained, operated, posted or displayed in violation of Section 7.05 b., c. and d., or which is or becomes a safety 11 hazard, or which is not kept in a good general condition and in a reasonably good state of re- pair, and is not, after thirty days' written notice to the person concerned,put in a safe and a good general condition and in a reasonably good state of repair, is hereby declared to be a public and private nuisance and may be removed, obliterated or abated by the Town Man- ager. The Town may collect the cost of such removal, obliteration or abatement from the person concerned. The provisions of this section shall apply to all signs within the Town, regardless of whether a permit for such a sign is required by this ordinance. SECTION 8 Violations 8.01 Any person violating any provision of this ordinance shall upon conviction, be fined not less than$5.00 nor more than$100.00 for each offense. Each day such violation continues shall constitute a separate offense. SECTION 9 Validity of Ordinance 9.01 Should any section, paragraph, sentence, phrase, clause or word of this ordinance be de- clared by a court of competent jurisdiction to be invalid or unconstitutional such decision shall not affect the validity of this ordinance as a whole or any other part thereof. SECTION 10 Effective Date 10.01 This ordinance shall take effect and be in force immediately after adoption, the public wel- fare demanding it. 12 TOWN OF FAIRFAX, VIRGINIA ZONING ORDINANCE INDEX Subject Paragraph Subject Paragraph Apartments. Area Requirements 5.121, 5.13 Street 2.26 Apartments, Lot Coverage 5.123 Tourist Home 2.27 Apartments, Setback Requirements 5.122 Fees for Zoning Permits and Occupancy 3.13 Board of Zoning Appeals, Duties Permits and Powers Fences 3.12 5.02, 5.05, 5.06, 5.07, 5.08, 5.10, 5.11. 6.09 Height Limitation 3.09 Board of Zoning Appeals, Membership 5.01 Location Check 3.07 Board of Zoning Appeals, Procedure 5.03 Non-Conforming Signs 4.06 Certificate of Occupancy 3.08 Non-Conforming Uses 4.01, 4.02, 4.03, 4.04 Change of Zoning, Procedure 3.15 Off-Street Parking: Definitions: Apartment House 5.122b, 6.02 Accessory Building 2.02 Dwelling 6.01 Apartment House 2.03 Hotels and Tourist Homes 6.03 Billboard 2.04 Industrial 6.08 Building 2.05 Office Building 6.07 Building Restriction Line 2.06 Parking Setback 5.122b, 6.06 Carport 2.07 Places of Assembly Community Use 2.08 Rooming Houses 6.04 Customary Home Occupation 2.09 Stores 6.05 Dwelling 2.10 Theaters 6.06 Family 2.11 Open Space 3.02 Height 2.12 Projections Beyond Restriction Lines 3.10, 3.11 Hotel 2.13 Signs, Abatement of Nuisance Signs 7.07 Lot 2.14 Signs Excluded From Definitions 7.02 Non-Conforming Building or Use 2.15 Signs For Which No Permit Required 7.03 Non-Conforming Location 2.16 Signs For Which Permit Required 7.01, 7.04 Off-Street Parking Space 2.17 Sign Permits, Application Procedure 7.06 Porch 2.18 Sign Permits, Fees Person 2.19 Signs Prohibited 7.05 Pylon-type Sign 2.20 Special Use Permit,Factors and Standards Rooming House 2.21 Considered 5.08, 5.09, 5.10 Semi-detached House 2.22 Special Use Permit, Time Limitations 5.04 Setback Line 2.23 Violation of Ordinance 8.01 Sign 2.24 Zone Boundary Lines 3.03 Site Plan 2.25 Zoning Permits 3.01, 3.04, 3.05, 3.06 i w v L O 0 C p.P 7 L C T Y E u 2q6u a .u 2 O. 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NL¢c u z z tl u c CO ]r•i 0 ■ 04- RESOLUTION WHEREAS, the City Council is desirous of providing an improve- ment to the legislative process of the City of Fairfax, and WHEREAS, there is no requirement for advertising or for holding more than one reading as a condition precedent to the adoption of City ordinances, except in special cases, and WHEREAS, the City Council deems it advisable, as a procedural change, to establish a policy of advertisement, dual reading and public hearing of all ordinances except emergency ordinances, NOW, THEREFORE, BE IT RESOLVED, that the following procedure shall be adopted by the City Council in its consideration and pass- ing of ordinances : 1. Any ordinance may be introduced by any member of the Council at any regular meeting of the Council or at any special meeting when the subject thereof has been included in the notice for such special meeting or has been approved by a two-thirds vote of all members of the Council present at such special meeting. Upon introduction, the ordinance shall receive its first reading, verbatim, and, provided a majority of members present concur, the Council shall set a place, time and date, not less than three days after such introduction, for a public hearing thereon. A copy of the proposed ordinance shall be delivered to each member of ci-ty Counc.il at or prior to its introduction. (2) 2. The hearing may be held at a regular or special meeting of the Council and may be continued from time to time. It shall be the duty of the City Clerk to cause to be published in a newspaper of general circulation a notice containing the date, time and place of the hearing and the title or subject matter of the proposed ordi- nance. If so directed by the Council, the Clerk shall also publish the full text of the proposed ordinance. it shall also be the duty of the Clerk to have copies of the full text of the proposed ordi- nance available in sufficient numbers to meet requests of citizens of the City. 3 . A proposed ordinance, unless it be an emergency ordinance, may be finally passed upon the completion of the public hearing. 4. Amendments or additions to a proposed ordinance may be made at any time. Publication of an amendment shall not be required, except that if said amendments or additions introduce an entirely new subject matter or radically change the overall purpose of the original ordinance, they shall be introduced and treated as a new 4 ordinance. At the second reading only the title of an ordinance need be read, unless amendments or additions have been made subse- quent to the introduction, in which case said amendments or addition shall be read in full prior to enactment. 0 A , (3) 5. If, in the opinion cf Council, an emergerc_J exists, an ordinance pertinent to the er,ergericy may be passes with or without amendment at the same mi-:.eting at which it is introduces: and no publication, hearing or specific time interval between introduction and passage shall be necessary. An emergency ordinance must contain a specific statement of the emergency upon which it is based, and must be passed by a two-thirds affirmative vote of the members of City Council present. The foregoing method of considering ordinances is procedural only and is not intended to create any rights not heretofore exist- ing under the City Charter, the Constitution or general law. Nothing herein contained shall affect the requirements of the Constitution or of general law relating to the adoption of ordi- nances. This resolution shall become effective upon its adoption. Adopted as amended February 16, 1965 \\ Ordinance No. N AN ORDINANCE PROVIDING THE A REGULA IOE OF PRIVATE SCHOOLS AND CIL r (a) Definitions "Private school and group day care facility" shall mean any place, home or institution, however designated, operated for the purposes of providing care, guidance, education or training or any part thereof for four or more children not of common parentage under the age of five before October 1st of each year, for any period between the hours of 6:00 a. m. and 6:00 p. m. "Health Department" means Fairfax County Health Department, with contract services rendered to the City of Fairfax. "Director" - Director, Fairfax County Health Department, with contract services rendered to the City of Fairfax. "Permit" - The term permit refers to permission extended by the City of Fairfax to a "Private School and Group Day Care Facility" to occupy and use specific buildings and premises for group day care purposes upon compliance with this ordinance. (b) Administration and Enforcement The Director of the Department of Health is hereby authorized and directed to administer and enforce the provisions of this ordinance. (c) Requirements as to Permits Generally 1. No building or premises shall be occupied or used in whole or in part as a "Private School and Group Day Care Facility" within the City after July 1, 1966, until an annual permit shall have been granted for such occupancy and use by the Director, nor shall any such building or premises be so occupied and used after such permit has expired or has been revoked or suspended. 4 • - 2 - 2. Application: Before an annual permit for a "Private School and Group Day Care Facility" shall be issued by the Directors an application for such permit shall be made by the owner or his agent to the Department of Health setting forth the name and address of the "Private School and Group Day Care Facility, " the name of the owner of the facility and such other information as may be required to administer properly this ordinance as the Director may require. 3. Compliance with Zoning Regulations Required: No permit shall be issued to any "Private School and Group Day Care Facility" the location of which violates the applicable Zoning Ordinance. The Zoning Administrator shall ascertain and report any zoning violations on inquiry from the Director. (d) Standards - Physical Facilities 1. All buildings and grounds shall be maintained in a clean sanitary condition at all times. 2. There shall be a minimum space of 20 square feet per child exclusive of bathroom, lockers, kitchen, storage and isolation room. 3. All rooms and buildings used shall be dry and well lighted and have adequate ventilation. Windows shall be screened during the fly season. Outside doors must be fitted with an automatic closing device. 4. The building shall be provided with a safe heating apparatus capable of maintaining, and the building shall be maintained at, a temperature at all times in cold weather of 68 degrees to 72 degrees in all rooms used except those used while sleeping under covers. r.- F • - 3 - 5. There shall be one toilet and washbowl for each 25 ` children or fraction thereof attending 4 hours or less a day. If equipment is not child size, safe and secure platforms or steps shall be provided; such facilities shall be easily accessible to rooms and playgrounds. Individual disposable towels shall be provided in all washrooms. 6. Sanitary drinking water shall be accessible to all classrooms and playgrounds, with approved individual disposable drinking cups or fountains. The water supply must be from an approved source. 7. The sewage disposal system, if not connected to a public sewer, shall be adequate and shall conform to applicable law. 8. If meals are served the food shall be nutritionally adequate and all State Restaurant Law requirements governing food establishments shall be complied with. If any snacks or beverages are served, disposable service shall be used 9. A minimum of 100 square feet of outdoor recreation space for each child registered per session shall be provided. The outdoor space shall be well drained and free from sharp gravel, glass and cinders. Such playground shall be fenced 3 feet in height or otherwise protected from traffic, and it shall be free from dangerous conditions. 10. The buildings and all parts of the premises shall be free from fire hazards and dangerous conditions, and free from noxious substances of all kinds. The building must meet all requirements of the Fairfax City Fire Prevention Code prior to issuance of a permit. 11. Adequate low open shelves shall be provided for play equipment. Furniture shall be a size suitable for the age groups. There shall be adequate provisions for each child to hang his outer garments. • • , .,,►^. Y t.:r•p..*.e$04.0:T`•KIt^!•t;ls'kr F ;g • - 4 - 12. Stairways used by the children shall be well lighted and equipped with hand rails within their reach. 13. Washable or disposable receptacles must be provided for disposal of all waste materials, garbage, refuse and soiled clothing. (e) Insect and Rodent Control The buildings shall be maintained free of insects and rodents. (f) Health Provisions 1. Each child must have a physician's certificate of physical examination at the time of admission. Staff members and all who assist in child care or education shall present an annual statement from a physician stating that they are free from communicable diseases and show evidence that they have had a satisfactory chest x-ray or negative second strength tuberculin test within the past 12 months. 2. Each child must be adequately immunized against smallpox, whooping cough, diptheria and poliomyelitis before admission, unless the parent or guardian submits an affadavit that such immunization is against his or her religious beliefs, or immunization is contra indicated on accepted medical grounds. '3. First aid supplies must be kept on hand at all times. (g) Inspection and Enforcement The Heal th Director, or his agents, shall have the right at all reasonable times to inspect the facilities of "The Private School and Group Day Care Facility." The permit may be revoked or renewal denied for failure to comply with provisions of this Ordinance within 30 days after written notice of such deficiency or deficiencies are given by the Health Department. AND BE IT FURTHER RESOLVED that this Ordinance be, and the same hereby is, made effective on and after July 1, 1966. 9 ZONING ORDINA NCE TOWN OF FAIRFAX, VIRGINIA ,,k OF F44„. .+... 1191 '' 4X CO* DECEMBER 7, 1960 • TOWN OF FAIRFAX, VIRGINIA ZONING ORDINANCE INDEX Subject Paragraph Subject Paragraph Apartments. Area Requirements 5.121, 5.13 Street 2.26 Apartments, Lot Coverage 5.123 Tourist Home 2.27 Apartments, Setback Requirements 5.122 Fees for Zoning Permits and Occupancy Board of Zoning Appeals, Duties Permits 3.13 and Powers Fences 3.12 5.02, 5.05. 5.06, 5.07, 5.08, 5.10, 5.11. 6.09 Height Limitation 3.09 Board of Zoning Appeals, Membership 5.01 Location Check 3.07 Board of Zoning Appeals, Procedure 5.03 Non-Conforming Signs 4.06 Certificate of Occupancy 3.08 Non-Conforming Uses 4.01, 4.02, 4.03, 4.04 Change of Zoning, Procedure 3.15 Off-Street Parking: Definitions: Apartment House 5.122b, 6.02 Accessory Building 2.02 Dwelling 6.01 Apartment House 2.03 Hotels and Tourist Homes 6.03 Billboard 2.04 Industrial 6.08 Building 2.05 Office Building 6.07 Building Restriction Line 2.06 Parking Setback 5.122b, 6.10 Carport 2.07 Places of Assembly 6.06 Community Use 2.08 Rooming Houses 6.04 Customary Home Occupation 2.09 Stores 6.05 Dwelling 2.10 Theaters 6.06 Family 2.11 Open Space 3.02 Height 2.12 Projections Beyond Restriction Lines 3.10, 3.11 Hotel 2.13 Signs, Abatement of Nuisance Signs 7.07 Lot 2.14 Signs Excluded From Definitions 7.02 Non-Conforming Building or Use 2.15 Signs For Which No Permit Required 7.03 Non-Conforming Location 2.16 Signs For Which Permit Required 7.01, 7.04 Off-Street Parking Space 2.17 Sign Permits, Application Procedure 7.06 Porch 2.18 Sign Permits, Fees 3.14 Person 2.19 Signs Prohibited 7.05 Pylon-type Sign 2.20 Special Use Permit,Factors and Standards Rooming House 2.21 Considered 5.08, 5.09, 5.10 Semi-detached House 2.22 Special Use Permit, Time Limitations 5.04 Setback Line 2.23 Violation of Ordinance 8.01 Sign 2.24 Zone Boundary Lines 3.03 Site Plan 2.25 Zoning Permits 3.01, 3.04, 3.05, 3.06 1 ZONING ORDINANCE TOWN OF FAIRFAX, VIRGINIA SECTION by the Town it ordained b own of Fairfax, Commonwealth of Virginia The Town of Fairfax is hereby and the zoning y divided into zones as shown on the zoning ule and all the explanatory maps filed in the office ule and shall be effective s of December Itthereon are hereby e Town Manager. g schedule hereto The zoning map and sched- ule 7, 1960. 3' made a part of this ordinance. This ordi- nance 2 Definitions For the purpose of this ordinance certain terms and General: Words used in the d Fords are herewith defined as follows:the plural number present tense include the future. ws: The word plural number mandatory.be nwords in the Words in sin The otherwise"shall" specified all distances plural number include the singular number The word "structure" includes the word "building."gular number. the liner ise spe to which distance shall be fie gt a the line designed relation i to be used. The horizontally in- clude Un- less and at right angles to The term "Board of intended o Zoning e e term The"Town" shall mean shall Town deemed r to . The of Fairfax. Appeals" shall mean the Board of Zoning the Town of Fairfax. The term building inspector" shall mean the building Fairfax, inspector s Appeals of the Town 2.02 ding inspector of the Town Accessory Building: A subordinate building of which is incidental to that of the main building.on the same lot with the 2.03 Apartment House: main building, the A building g• Example: garage or tool shed. pendently of each other. g used as a residence for three or more families living inde- pendently 2.04 Billboard: Any sign containing g de g 60 or more square feet which is not directly connected premises. 2.05 Building: A structure projecting ith a business conducted upon the same prem g above the level of the ground intended for the shelter, support or enclosure of persons, animals or chattels. When a structure into two or more ucture is completely normal access openings each such divisional walls from the foundation u ' y separ- ing. portion of the building shall be deemed apeparate build- 2.06 Building Restriction Line: structure or appurtenance shall extend. Y space outside a building and contiguous thereto by a roof, and used for the shelter of motor vehicles. An with no side n used for wholly carport or isly covered (other than the side of the building to wh ch the ar carport a carport contig- uous) that is more than 24 inches in height, exclusive of screens. is ns. 1 Add Section 2.131 „,-- which dogs are kept under any - Kennel . Any place in or at 2. 131 More than four one or more of the following conditions: (a) on that than four months of age, or (b) any number of dogs dogs more tha boarding, are kept for the purpose of sale or in connection with the fee is charged• for which any occupation on the premises care o r breeding,r persons are engagea.in the occup there e is e ses no oLner 1' principal practitioner, and (c) except t not ooexc,exceed two�p of the p other than an no dis- play except not d exceed twemployees commercial vehicle or advertising goods are lay of goods, tools, equipment,one square foot in area. The term shall exclude any p hospital and any establishment in which g home, kennel,sign not exceeding office, animal home, kennel, offered for sale. The term shall exclude • A building s tourist homes, trailers and mobile homes. constructed to accommodate one family.2.10 Dwelling: hotels, e plus not exceeding apartments, semi-detached houses, blood or marriage, p person or a group of persons related by 2.11 Family: One p persons. on the side of the building nearest the street from the three additional unrelated p 2.12 Height: Hound shall o measured highest point of the roof in thesca e o a of flat he roof nd to average the point level t o the level distance the g and to the point one-half the distance between the eaves and the highest point in the case of a pitched roof. houses rooms for rental or hire to transients rooming and tr ve ers. 2.13 The A building containing sleeping lodges and tourist cabins, and The term shall also include hs o more than eight persons. 3 wing accosm to piece or p rc frontage on a street or having access to a goo i Q�k l , ar .e. piece or parce of land having 4 of separate easement,and whose area is sufficient to furnish the minimum area 2.1 or easem street by right of way compliance with this oridinance or use lawfully existing at the time of the required for comp y Building or Use: A building which does not conform 2.15 Non- conforming amendment to this ordinance, to the adoption building this ordinance, or any adoption of this uilding or use regulations of the district in which it he�me of adop to the b lawfully existing 2.16 Non-conforming in nce, o any Location: A building 2 t to this ordinance, which does not mendment toht building ordinance, or any amendmen requirement of this ordinance or any and usuable for the park- ing line or setback req private property Space:: Space available on p per motor vehicle plus 2.17 Off-street Parking p an area of at least 180 square feet ing of one motor vehicle having give ie access to a street. sufficient maneuvering area covered by a roof and/or sidewalls 2.18 Porch: A projection to which the porch is attached) not more than two 2 ro ection from an outside wall of a dwelling restriction line may feet in than the sides of which chil projects building beyond a setback or building restriction or any s o 1 i d feet r screened but A porch not be enclosed l glass, jalousies, canvass, plastic be screened but may not be enclosed with g two feet. material to a height exceeding association, corporation or other legal entity. 2.19 Person: Any person, firm, partnership, 2 .^ CITY OF FAIRFAX City Hall Fairfax, Virginia 22030 Amendment to the City of Fairfax Zoning Ordinance respect to C Zones g ance April 6, 1965 A. Add to Subsection 3.01 of Section 3 the following: There are hereby established the following zones in the City of Fairfax for the general purposes indicated below: R- 1 This zone is established to provide areas for single family resi- dences with a minimum lot size of 20,000 square feet. See Section 11 for additional and specific requirements and uses. R-2 This zone is established to provide areas for single family resi- dences with a minimum lot size of 12,500 square feet. See Section 11 for additional and specific requirements and uses. R-3 This zone is established to provide areas for single family resi- dences with a minimum lot size of 9,500 square feet. See Section 11 for additional and specific requirements and uses. M-1 This zone is established to provide areas for multi -family resi - dences of the garden or low rise type. See Sections 3. 4-and 11 for additional and specific requirements and uses. C- 1 This zone is established to provide areas for offices for business, governmental and professional uses. See Section 11 for additional and specific requirements and uses. C-2 This zone is established to provide areas for general business establishments and related activity. See Section 11 for additional and specific requirements and uses. C-3 This zone is established to provide areas for business establish- ments of curb service or drive in nature and related activity. See Section 11 for additional and specific requirements and uses. I -1 This zone is established to provide areas for light industrial uses, more specifically outlined in Section 11 . 1 -2 This zone is established to provide areas for general industrial uses, more specifically outlined in Section 11 . ltllc 1J CL y„u, more than 50 feet into the more restrictive portion, provided the lot has frontage on a street in the less-restrictive zone. 3 Change 3.04 to read as follows: 3.04 This Ordinance shall be enforced by a Zoning Administrator appointed by the City Manager. No land or structure shall be changed in use and and no structure shall be erected, altered, added to or enlarged, or moved, until the Zoning Administrator ana- ?red, per- Care approval of said Planning Commission, Board of Zoning Appeals, er Board of Architectural Review or Health Officer is obtained. n�d lotis Delete Sections 3.05 and 3.06 in their entirety. 1 an Under 3. 13, strike "Zoning Permit-No Charge." u. Dui e, bas been sub- mitted to . appro ed •y he Zoning A. • nistrator. The • mg A. inist ator shall not hen under t •: •rdinance !1 •r approv. •f th P :nning Com- approv- •ny ap• ��- •• • . :. -- i re• • � • un 1 th- :•• sr. - of said mi-t,3*. :oard • ' Zonin: ••-- = •r gealt'eals or Health Officer is obtained. Planning Commission, Board of Zoning Appeals Location Check: No building, except additions ocat on of the footings and walls as shown by cer- tified beyond first floor level until the 1 tified surveyor's plat thereof, has been approved by the Zoning Administrator. 3. 0 6— Certificate of Occupancy: No land or structure hereafter erected,issued ed a o t fi d ore altered in its use shall be used until the Zoning Administrator shall have stating that such land or structure and its lo applicable is found to be in conformity with the t provisions of this ordinance and all other app _3 0 7 — Spires and towers not used for human habitation, excluding signs, may extend above the height of limitation herein fixed. Walls and similar projections not used for human habita- tion, excluding signs, may extend above the height limitation not exceeding 5 feet. 3 pPAO-- Sills, cornices and similar ornamental features may project not exceeding 18 inches beyond any required set back or building restriction line. ,p Bay windows, porches,balconies and similar features may project not exceeding three feet beyond any required set back or building restriction line. Set back and building restriction lines shall not apply to terraces, patios and un-roofed porches on ground level. 3,(0 Fences: Building restriction lines and setback requirements shall not apply to fences, walls, trees, hedges and shrubbery. 3,( -, The following fees shall be required of all applicants for zoning permits: Occupancy Permit—$2.50. Rezoning Applications—$50.00. S 0.,11121"-- The following fees shall be required of all applicants for sign permits: For each sign exceeding 100 square feet in area, $10.00. For each sign exceeding 50 square feet in area,$7.50. Temporary signs and posters of less than two square feet in area, $5.00 per 100 signs. 4 6.05 Stores and other business, trades or services other than industrial: One parking space for each 100 square feet of store floor or merchandising area. 6.06 Theater, auditorium, church, club, community use or any other place of assembly: One parking space for each five seats based on maximum seating capacity. 6.07 Office Building: One parking space for each 250 feet of office floor area. 6.08 Industrial: One parking space for each one and one-half employees to be employed upon the premises. 6.09 Where such space cannot be reasonably provided on the same lot with the principal use, the Board of Zoning Appeals may permit such space to be located on other off-street property. 6.10 No off-street parking shall be permitted within five feet of any street right of way line. SECTION 7 Signs 7.01 Permit Required: Except as set forth in Section 7.03, any person wishing to erect, in- stall, or put up any sign or outdoor advertisement in the Town shall first obtain a permit therefor. The permit number shall be conspicuously affixed to the sign. 7.02 Exclusions from Definitions: The following shall not be deemed to be signs within the meaning of the above definition: a. Signs or plates on residential structures or premises giving the name or address of the occupant, mail boxes, paper tubes and similar uses customarily associated with residential use. b. Signs posted upon property relating to private parking or warning the public against trespassing or against danger from animals. c. Municipal, county, state and federal signs, including necessary traffic signs. d. Historical markers, monuments or signs erected by public authority. e. Lettering on any vehicle actually used as such in business. f. Official notices or advertisements posted or displayed by or under the direction of any public or court official in the performance of his official or directed duties or by trustees under deeds of trust or other similar instruments. 7.03 Signs for which no permit required: No permit shall be required for the following signs provided they conform as to size, location and type of construction as prescribed in this ordinance. a. Signs on churches or church property. b. Signs on window glass, interior or exterior, regardless of size. c. Signs relating to customary home occupations. (See Section 2.09.) 9 d. Signs advertising for sale or lease dwellings in residential areas, limited to a maxi- mum total area of four square feet per dwelling. e. Signs of persons and firms engaged in a profession and stating such profession and names involved, limited to one sign with a maximum area of 8 square feet. f. Signs erected or maintained, or caused to be erected or maintained, on any farm by the owner or lessee of such farm and relating solely to farm products producted or furnished on such farm. g. Traffic signs of not exceeding two square feet in area indicating entrance or exit. 7.04 Signs for Which Permits May Be Issued by the Town Manager: Permits for the follow- ing signs may be issued by the Town Manager: a. Signs attached or related to commercial buildings in commercial or industrial zones which advertise the said area or products or services sold therein, said signs to have an aggregate area not exceeding three square feet for each lineal foot of building frontage occupied by the use. b. Temporary signs denoting or advertising contractors, architects, developers, and real estate agents connected with the construction,or sale or lease,of structures in commercial or industrial zones and of developments in residential zones, said signs not to exceed a total area of one hundred square feet, with no single sign having an area of more than fifty square feet. Permits for such temporary signs shall be limited to 90 days' duration. A deposit of $10.00 shall be required for each sign, the deposit to be returned when the sign has been removed. c. Signs pertaining to an authorized use for a dwelling as set forth in Section 7.03, up to a total of eight square feet, but with no single sign having an area exceeding four square feet. d. Signs advertising for sale or lease dwellings in residential areas, limited to a maxi- mum total area of sixteen square feet per dwelling. e. Signs of persons or firms engaged in a profession as set forth in Section 7.03, which signs exceed eight square feet but are less than sixteen square feet in area. f. Signs advertising the place and date of fairs, carnivals, horse shows and similar events and signs of political parties or groups supporting the candidacy of any indi- vidual for office or urging public support of or opposition to any public issue to be voted upon, provided such permits shall be limited to 60 days' duration and, provid- ;ed, a deposit of $15.00 has been posted with the Town Manager to insure the removal of such temporary signs. g. Any commerical use having at least fifty feet of frontage on a public street shall be permitted one pylon-type sign, the sign on which may not exceed one-half square foot per lineal foot of frontage occupied by the use or 50 square feet, whichever is smaller, and which shall be of a sufficient height as not to interfere with the line of vision of motor vehicles traveling on the street. Any commercial use having at least 200 feet of frontage on a public street shall be permitted two such pylon-type signs. For the pur- pose of this paragraph, an entire shopping center shall be considered one commercial use. 10 h. Temporary banners or signs advertising special events or holidays to be observed within the Town may be permitted within public rights of ways for not exceeding 30 days provided liability insurance protection deemed adequate by the Town Manager has been furnished and provided deposit satisfactory to the Town Manager has been posted to insure the removal of such temporary banners or signs. i. Temporary signs advertising t h e initial openings of business establishments may be permitted for not exceeding 10 days provided the location of such signs are approved by the Town Manager and provided a deposit of $15.00 has been posted with the Town to insure the removal of such temporary signs. 7.05 Signs Prohibited: The following signs are prohibited in Town: a. Any sign in a residential zone exceeding an area of 50 square feet. b. Any sign located in any manner or place so as to constitute a hazard to traffic. c. Any sign which involves motion or rotation of any part of the sign or any sign which displays lights or warnings in such a manner as to lead to confusion with official traffic signals. d. Any sign which is a copy or imitation of an official sign, or which purports to have official status. e. No sign except (1) pylon-type signs permitted by paragraph 7.04 g, (2) entrance and exit signs and (3) banners and decorations advertising special events permitted under Section 7.04 h, shall be permitted within the front set-back area required for buildings in the zoning ordinance. No sign except banners and decorations permitted under paragraph 7.04 h, shall be permitted within the public right of way or to project into a public right of way. f. Billboards, except in Industrial-2 zones. g. All temporary and portable signs and banners, except as specifically permitted in the ordinance. 7.06 Application for Sign Permit—Procedure: Application for a permit for a sign where required by this ordinance shall be made to the Town Manager of the Town, accompanied by the proper fee, and shall include sufficient data relating to the design, placement and location of the proposed sign as to enable a study to be made of the application. The Town Manager shall issue a permit for such sign provided the sign, in his opinion, is one which comes un- der the provisions of Section 7 of this ordinance, if he is of the further opinion that the sign as proposed is structurally sound and would not constitute a safety hazard, and if the sign meets all other requirements of this ordinance. If the application for the permit is denied or is granted with conditions objected to by the applicant the Town Manager shall state in writing the reasons for denial. If an application for a sign permit is made by someone other than the owners or les- see of the property on which the sign is to be erected, such application shall be accompa- nied by a written consent of such owner or lessee. 7.07 Abatement of Nuisance Signs: Any sign which is erected, used, maintained, operated, posted or displayed in violation of Section 7.05 b., c. and d., or which is or becomes a safety 11 hazard, or which is not kept in a good general condition and in a reasonably good state of re- pair, and is not, after thirty days' written notice to the person concerned,put in a safe and a good general condition and in a reasonably good state of repair, is hereby declared to be a public and private nuisance and may be removed, obliterated or abated by the Town Man- ager. The Town may collect the cost of such removal, obliteration or abatement from the person concerned. The provisions of this section shall apply to all signs within the Town, regardless of whether a permit for such a sign is required by this ordinance. SECTION 8 Violations 8.01 Any person violating any provision of this ordinance shall upon conviction, be fined not less than$5.00 nor more than$100.00 for each offense. Each day such violation continues shall constitute a separate offense. SECTION 9 Validity of Ordinance 9.01 Should any section, paragraph, sentence, phrase, clause or word of this ordinance be de- clared by a court of competent jurisdiction to be invalid or unconstitutional such decision shall not affect the validity of this ordinance as a whole or any other part thereof. SECTION 10 Effective Date 10.01 This ordinance shall take effect and be in force immediately after adoption, the public wel- fare demanding it. 12 AMEN0MENTS TO THE ZONING ORDINANCE OF THE CITY CF FAIRFAX, VIRGINIA 3 /� February 5 , 1964 Delete Section 3. 15 in its entirety and substitute therefor: 3. 1r - Procedures. 3. 1'1 - Applications for change of zoning (amendment to the zoning map) shall be made by the owner, contract owner or optionee of the property on forms prescribed by the Zoning Administrator, accompanied by a plat by a certified surveyor and a fee of $50.00. All applications shall be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed rezoning shall be advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days nor more than ten days after final publication. At least 10 days prior to the date of any public hearing before the Planning Commission on any proposed change in zoning the property shall be posted by the City and the applicant shall in- form at least five adjacent or neighboring property owners by certified mail . 3. 12 - Any comprehensive plan, or amendment thereto, or other amendment to this ordinance shall originate or be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed plan, or amendment thereto, or other amendment to this ordinance shall be advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days nor more than ten days after final publication. 3 3. 143 - Af':er the public hearing before the Planning Commission, tho Planning Commission shall submit its recommendation to the City Council , but no appli - cation for change of zoning, comprehensive plan, or amendment thereto, or other amendment to this ordinance shall be acted upon by the City Council until advertised by publication once a week for two succ.essive weeks in a newspaper published or having general circulation in the City of Fairfax. Such notice shall specify the time and place of a public hearing before the City Council at which per- sons affected may appear and present their views, not less than five days nor more than ten days after final publication. At least ten days prior to the date of Amendments to Zoning Ordinance Pg. 2 3. 1,3 - (Continued) zoning, the City Council on any proposed change in public hearing before th }}cant shall notify at any p City and the app posted by the the property shall be p least five adjacent or neighboring property owners by certified mail . • AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA Add as Section: 3. 154: 3. 14 - Upon the denial of any application filed pursuant to Section 3. 1$1 for change in zoning, no further application shall be filed pursuant to i3 Section 3. 1%1 within twelve months for change in zoning of any or all of the same property involved in the denied application to the same zoning category applied for in the denied application. The term "zoning category" as used in this section shall mean residential , commercial , apartment or in- dustrial . The applicant may withdraw any application filed pursuant to Section 3. 41 at any time before the matter is called on the agenda of the City Council for the advertised public hearing. Thereafter such application may be withdrawn only upon the affirmative vote of a majority of the City Council present and voting. The City Council may initiate action on a pro- posed change in zoning by referring said proposal to the Planning Commission for a legally advertised public hearing whether or not an application for change in zoning of any or all of the same property to the same zoning cate- gory has been denied within the preceding twelve months. AMENDMENTS TO THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA - 4-17-o3 Section 3 - General Regulations . Add new sub-sections as follows: 3. 1)0 Apartment Houses . 3. 11 Area Requirements : Any lot or tract used for apartment houses shall have a minimum of 10,000 square feet for the first living unit in each apartment house. For additional living units in any particular apartment house, the follow- ing areas shall be added to the 10,000 square feet requirement: Number of Rooms Lot Area Requirements per Living Unit per Living Unit 1 1500 sq. ft. 2 2000 sq. ft. 3 2500 sq. ft. 4 3000 sq. ft. Kitchen and baths shall not be included in determining the number of rooms in a given living unit. 3. 1,2 Apartment House Setbacks: a. No apartment house or its accessory structures shall be located less than 100 feet from the center line of any boundary street nor less than 30 feet from the right of way of any service drive paralleling a boundary street, nor less than 60 feet from the center line of any interior street. b. No apartment house shall be located less than 70 feet from any side or rear property line. No accessory building shall be located less than 25 feet from any apartment house nor less than 2> feet from any side or rear property line. No parking lot shall be located less than 25 feet from any side or rear property line. c. If any of the structures in an apartment house project are so located that the front or rear of one structure faces any other structure, a distance of not less than 60 feet shall separate such structures; if any of the structures are arranged in a row, end to end, no such structure shall be closer to any other such structure than a distance equal to the average of their heights. 3. l 3 Percentage of Lot Coverage: Apartment houses, including accessory building, on any lot, shall not cover more than 25% of the area of such lot. There shall be included in the percentage of lot covered 180 square feet of park- ing space for each living unit, plus sufficient maneuvering area to give access to a public street. . .� . (Provided del),sit is poste. as required in paragraph 7.04 (f).) For all other signs for which a perm t • required, '.2.50. No fee shall be charged for any sign erected by any church or ele• ► osynary org.nization. 3, 13 '3.15 Applications ''sr change of •.ning shall be a• - on form '.-d by the Zoning Ad- ministrato ; a ompanied b, a . ..t of a c rti'ed surveyor 14- nil, a fee of $50.00. All ap- plications all '•a referre• to he Planni : ommission •i • a r d by it in a legally advertis': •ublic earin:. I e .roposed . ezonii g'S all • • i v: tised in a newspaper of gener7 circ lation i e T• ' of Fa' 'a , for fi e ons: ti d. s commencing at least ten �:ys pri• to s - hearing, - propert •. •: •osted by the Town at least ten days pri• to the hearing, and the applicant shall notify at least five adjacent or neighboring property owners by certified mail at least ten days prior to the date of the hearing. After the public hearing before the Planning Commission, the Planning Commis- sion shall submit their recommendation to the Town Council. No application shall be heard by the Town Council until advertisement in a newspaper of general circulation within the Town at least ten days prior to such hearing and the posting of the property at least ten days prior to the date of hearing. /3 /3/ /3 2 /3 3 3,/.5 ) 3,)5/, 3 /tea , 3,/S3 3 / 1- _ dee iiLhLachel l meted‘me ol"s - -- SECTION 4 1,121, ��a}ti�n� n- n � g ch,ent Non-Conforming nUses 4.01 If at the time of the enactment of this ordinance any structure or land is being used in a character or manner or for a purpose, or is in a location which does not conform with the provisions of this ordinance and which is not prohibited by some other ordinance, such character or manner or use, purpose or location then existing may be continued and no change of title or possession shall be construed to prevent the non-conforming location or use of such structure or land as hereinafter provided. 4.02 No structure, or land in which a non-conforming use is abandoned for a period exceeding 180 days or is superceded by a permitted use subsequent to the enactment of this ordi- nance shall again be devoted to such non-conforming use. 4.03 Any non-conforming structure or land which is hereafter damaged to an extent exceeding 60 percent of its then value by fire, explosion, earthquake, flood, storm or act of God may not be restored, reconstructed or used for any purpose other than use or purpose per- missible under this ordinance. 4.04 Any building in a non-conforming location which is hereafter damaged to an extent ex- ceeding 75 percent of its then value by fire, explosion, earthquake, flood, storm or act of God may not be restored except in conformity with the building restriction and set back requirments of this ordinance. 4.05 Nothing in this ordinance shall prevent structural alterations which may be required to restore to a safe or lawful condition any part of a building deemed unsafe or unlawful. 4.06 Non-conforming Signs: Any sign or sign structure legally existing at the time of enact- 5 ment of this ordinance, but not in conformity with its provisions, may be continued with the following limitations: Any sign or sign structure which does not conform to this ordinance may not be: a. Changed to another non-conforming use. b. Extended except in conformity with this ordinance. c. Re-established after discontinuance for six months, or d. Rebuilt after damage exceeding two-thirds of its value immediately prior to damage. No sign found by the Town Manager to be a nuisance under the provision of Section 7 shall be allowed to continue as a non-conforming use and shall be removed immediately. SECTION 5 Board of Zoning Appeals F '' --��fisher established. The membership shall consist of five Delete Sect;on O l --- 1 X825-e-the Code of Virginia. �n its entiret �-- f "A Board of Y and substitute Zoning gPPeais to therefor. of five 1s hereby established. abiished Virginia,; appointed pursuance of The membership shall consist in Section 15-968.8 of the Code of Delete Section 5.03 in its entirety and substi appeal tute therefor: is made thereafter to the Board the Board advertise by shall Y Publication within thirty days a news n once _wsPaper published in a week f or havin or two successive weeks a notice of g general circul in the time and anon in the Place City of Fairfax not less than five of hearing of such days nor appeal, This more than ten nearing shall be 1 notice. qt least days of ten da after Tina) public Ys prior � �3tion of the of Zoning A to the date of PPea)s the any such hearing before the 'licant shall notify at least five posted by the City and the °r mail.tified adjacent or neighboring Property owners 1 ed there is an error in any appeals where it is alleged the Zoning ror ini any 5.07 determination r ref strative official acting under this or- order,Board shall hear and decide app order, requirement, decision, tor, Town Manager, Town Engineer or other permits in those cases provided in dinance. grant special use p special use permit shall 5.08 The Board is hereby when veered to g judgment of the Board such sp re ulations and map, the zoning schedule when in the j g ht and with the general purpose and intent of the zoning vibration or sig su be ch in harmony reason of smoke, dust, odor, such use will not be objectionable by propertY or the welfare of per- s ons not tend to affect adversely neighborhood hborhood of the proposed use. sons living and working in the g application for a special use permit shall 5.09 The Board of Zoning Appeals in considering any a pp consider the following factors and standards: The size and shape of the lot on which the use is proposed, to streets vehicular o both vehicular & pedestrian traffiic, taking into consideration future lighting,noise, traffic, sight, smoke, dust, odor,vibration of vehfactor traffic upon ad- jacent af- fect the serenity of the neighborhood, the safety and movement and design of 'acent streets, the safety of children living in the area,and the gof the proposed buildings, walls, fences and landscaping proposed use upon the development and use of adjacent land. 5.10 The Board of Zoning Appeals shall have the power, except as otherwise provided, to impose conditions upon the issuance of any special use permit and to require bond ac- ceptable to the Bond Committee of the Town Council of any applicant to insure com- pliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Board shall be guided by the standards and considerations as set forth in Paragraph 5.09. 5.11 Where by reason of exceptional shape or area, exceptional topographic conditions, con- ditions created by a condemnation, or other extraordinary or exceptional situation or condition, wherein the application of this ordinance would result in peculiar and excep- tional practical difficulty or hardship upon the owner of such property, the Board shall have the power to grant a variance from this ordinance so as to relieve such difficulties or hardships, provided such relief can be granted without substantially impairing the intent and purpose of this ordinance. 5.12 In considering applications for special use permits for apartments the Board of Zoning Appeals shall consider the following standards: 5.121 Area Requirem.' ts: y lot or tract used fo apartment houses shall have a minimum of 10,000 squa': feet f.r the first living uni, each ap. ••s se. For additional living uni J'n a• .articul.O partment • se, thi ollowi• are. shall be added to the 10,000 se ar- -- r-. .' -m-nt. Number of Rooms Lot Area Requirements per Living Unit per Living Unit 1 1 500 sq. ft. 2 2000 sq. ft. 3 2500 sq. ft. 4 3000 sq. ft. 7 Section 5 - Board of Zoning Appeals. Delete sub-sections 5. 12, 5. 121 , 5. 122, 5. 123 and 5. 13. Kitchen and ba -s shall not,be included i determining unit. in d the number of rooms in a 5.122 Apartm t S•tbacks: Eac p given folio apartment house within the Town shall comply with the ,et require ents: o ap. tm)ent house •r its accessory structures shall be located less than 100 feet from r e enter lin: of any boundary street nor less than 30 feet from the right of Y any ervi - drive paralleling a boundary -et, nor less than 60 fee t from the cente line o y interior street. b. No apartment •ouse s,all ze located ss than .I feet from any side or line. No accesso . •ing shall be ocated -ss than 25 feet from any apartment property nor less than 25 feet rom any side or r parking lot shall- property line. No arkin shall house cated less than 25 fee om an e or rear property line. be lo- c. If any of the structures in an a t artment house project are so located that the front or rear of one structure faces an other struct : a dista e of not less than 60 feet shall separate such structures; i. any of t• - strictures are . ang in a row, end to end, no such structure shall be clos- • a•, er such structur:+ ean a distance equal to the average of their heights. 5.123 Percentage of Lot Coverage- Apartment House . .- m- t houses, incl .ing accessory buildings, on any lot, shall not cover more than twenty-fi-e per cent of the - ea of such lot. There shall be included in the percentage of lot co ered 180 squa - eet of parking space for each living unit plus sufficient maneuvering :rea to gi - aces to a public street. 5.13 The requirements herein set out as to density shall be considere. maximum require- ments. The Board of Zoning Appeals, upon granting a use permit, ,ay not impose more restrictive conditions as to density. SECTION 6 Off-Street Parking Off-street parking space shall be provided together with sufficient manuvering area and access to a public street. Such area shall be deemed to be required open space to asso- ciate with the permitted use and may not thereafter be reduced or encroached upon in any manner. The following are established as minimum requirements: 6.01 Dwelling: One parking space for each dwelling. 6.02 Apartment House: One and one-quarter parking space for each living unit. 6.03 Hotels and Tourist Homes: One parking space for each room offered for tourist accom- modations. 6.04 Rooming Houses: One parking space for each room offered for rent. 8 B. Section 11 C-1 Zone Uses Permissible by Right (Revised) 1 . Banks, offices for professional , government, or business use, hospitals for the treatment of human beings, nursing homes, churches, and funeral homes. 2. Such ancillary uses as clinics, schools of special instruction, pharmacies or medical supply services, barber shops, beauty shops, restaurants, newsstands, photographic services, florists, gift shops, optical stores and services, are permissible by right; provided, they are located completely within a said professional governmental or business office building, and provided further that such ancillary uses do not occupy more than 20% of the total usable floor space of said office building. 3. All uses permissible by right in this zone are subject to in- stallation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. Delete in C-2 Uses Permissible by Right: Paragraph 2 "Automobile service stations" "Refreshment stands" Paragraph 3 "Garages" Insert in C-2 Uses Permissible by Right: 4. Uses indicated as ancillary in C- l . Insert: 1 . After Commercial-2 in column headed "Zone": Commercial-3 2. Under "Lot Average": Not Applicable. 3. Under "Area Minimum": Add Footnote J. 22,000 sq. ft. Amendment to the Zoning Ordinance Page 3 4. Under columns titled "Set Backs": a. "Front line restrictions": 75 feet from any public right of way line. No gasoline pump or pump island may be within 25 feet of any public right of way. b. "Side": 25 feet c. "Rear": 25 feet 5. Minimum Width at BRL: Not Applicable. 6. Off-Street Parking: See Section 6. 7. Under "Uses Permissible by Right": 1 . Any use permitted in C-2 zone. 2. Automobile service stations, refreshment stands; garages (not including exterior storage of junk automobiles) , drive-in restaurants or prepared food sales operations which are predominantly carry-out and less than 75% of the food sold is consumed within a permanent building on the premises; drive- in laundry or drive-in dry cleaning establishments; other retail stores or operations which use no permanent building or a building of less than 2,000 square feet on the ground level in a location other than a shopping center of at least 10 different retail or service stores or establishments. 8. Uses Permissible on Appeal : Uses permissible on appeal in C-2, 9. Uses Prohibited: All uses not specifically permitted. AMENDMENTS TO SECTION 11 OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA Delete Industrial-1 Uses Permissible By Right in its entirety and substitute therefor: "Industrial uses for which satisfactory evidence is presented that such uses will not adversely affect any contiguous district by reason of odor, glare, smoke, vibration, noise, or sight, subject to approval of site plan by Planning Commission and construction of project in accordance with all details of site plan. No industrial building in I -1 Zone may be enlarged or changed in use, no parking area may be moved or enlarged without prior approval of Planning Commission. Not more than 50% of the land area may be occupied by buildings. " Delete Industrial-2 Uses Permissible By Right in its entirety and substitute therefor: "Warehouses, laundries, property yards, wholesale houses, fuel oil sales, bulk petroleum storage, bottling plants, bakeries, lumber yards, and monument works, other manufacturing and industrial uses for which satisfactory evidence is presented that such uses will not adversely affect any contiguous district by reason of smoke, dust or hazard of explosion, subject to approval of site plan by Planning Commission. All uses permissible in C-1 and C-2 zones except as herein prohibited. All uses subject to installation of curbs, gutters, storm drainage structures, entrances and exits and approval thereof by City Engineer." fr ...--, • SE, Zoni 1 +!' Set tacks Zone. Lot Area Front Side Reer Minimum Maximum Off-Street Average .Minimum Restriction lid Width is BRL Height Parking 1 . 1 Single gl ffaam- R-1 21,780 sq.ft 20,000 sq.ft. 50'a 15ie 25i4 Interior 100' 3 stories See Section 6 no animals See Note h Corner Lots 125' R-2 15,000 sq.ft. 12,500 sq.ft. 35'b 15'4 25'4 90'9 3 stories " " All uses pe See Note h Corner Lots 115' 1 '4-3 10,500 sq.ft. 9,500 sq.ft. 25'c 12j4 25j4 70i9 3 stories '. 01 'I All uses per See Note h Corner Lots 95' 01--1 - 1. All uses c. ercial-1 NR NR 25'c NRf NRf NR 60' �� �� , Chrrches o n 3. Banks, o F o r D w e l l i n g s a m e as R - 3 beauty sh homes, t See ir 1. All uses 1 25'0'd NR f NR 60' II II II 2. Stores, as Cemne rcial-2 NR NR and tailor ref reshmen hotels, no 3. Automobile For 'Dwe 1 l i ny Same as R - 3 automobile building sL or paintinc vehicles ^' C. Iiot mer !. as � all sides, jTM' scribed by s/ ndustrlal e industrial-I I 3 acres 3 acres 100' 50' 50' 200' 60' " " property, m plan by la it with de ai be e la ed without pr br land area may t 25'0 NRI NR1 NR 60' " " '' Warehouses, 1 Industrial-2 NR NR r bottling pla KEY: a or 75 ft. from center line of street narrower than 50 ft. f except where contiguous to residential property where 25 foot not object' b or 60 ft. from center line of street narrower than 50 ft. setback required. all use of c or 50 ft. from center line of street narrower than 50 ft. g or 20%of lots in recorded subdivision may be 5 ft. narrower ' and ap r al d in C-2 Zone, no building need be set back more than the than minimum, structures, r average setbacks of the buildings within 100' on either side. h one single family dwelling and accessory buildings may be e detached accessory building or structure may have a minimum erected on any lot of record prior to the adoption of this �ye setback of 5 ft. from the side and rear property lines, pro- ordinance which contains at least 7,500 sq. ft. of area. (tee vided that said detached structure Is at least 7 feet away SIde setback on such lots may be reduced to not less than 12 ft. e from any adjoining structure. I except where contiguous to residential property where SO' 1 setback required. VO— I See 4 Ft c1iecQ 17me..,AcQ i±' i April 1 , 1964 Amend Section 11 , Zoning Schedule, Commercial-1 Zone by adding under Uses Permissible by Right the following: "volunteer fire department stations" after the words Ifnursing homes". )N 11 ichedule Kennels." Uses Permissible by Right Uses Permissible on Appeal Uses Prohibited pings, accessory buildings, agricultural use provided Churches, governmental use, golf courses, plant nurseries, roused within 100 feet of any property line, hospitals for treatment of human beings, nursing homes, elec- tric transformers and substations, telephone repeater sta- All uses not specifically permitted tions, club houses and grounds not conducted for gain (In- cluding swimming pools), schools of general,iinstru c,tion lodge halls, customary home occupations V' 1' _5, Is by right in R-I Zone, customary hone occupations. . - 10k01'St ,e5. 4 -5 / n.ss;. e „ e by right in R-2 Zone, semi-detached houses. A Fuses permissible on appeal in R-2 Zone. houses subject to approval of health officer, golf d lying . •• n 11 .,r I ranges, carnivals, circuses and fairs limited to no more than two weeks duration. sible by right in R-3 Zone. All uses permissible on appeal in R-3 Zone. nmental use, plant nurseries, hospitals for treatment ; Nurse Is, telephone exchanges t.dl centers. nursing hones))11014q• Y pp ,pv,C �• r, r• u for business or professional use,1tclin ,drug stored, All uses permitted by r g on'peal thiPs` U a)/ - ants, barber shops, auto parking lots, funeral subject to installation and app by Town Engineer of t {photo - •••s, newsstands. I curbs, gutters, storm drainage strut[ sidewalks, • entrances and exits. sible by right in C-i Zone. All uses permissible on appeal in C-I Zone, trailer and ile service stations, laundromats, cleaning, pressing mobile home parks subject to Sec. 5.10 and any other s, printers, theaters, bowling alleys, billard parlors, applicable ordinances, veterinarians and animal hospitals, 11 nds, public utility use excluding property yards, open air theaters, pony rings, riding stables, miniature " 1# 11 , golf courses. s, garages, (not including exterior storage of junk uel oil sales having all tanks underground, lumber and All uses permissible by right or on appeal in this zone sales, electrical, heating, air conditioning,plumbing are subject to installation and approval by Town Engineer _s or services provided all materials, equipment, of curbs, gutters, storm d-ainage structures, sidewalks, finery are stored entirely in buildings enclosed on entrances and exits. ;thin such walls, fences, or planting as may be pre- 'lannin• Commission. objectionable by reason of odor, glare on adjacent bra n, nois or sight, subject to approval of site xrcn• on onstruction of project in accordance s e an No ndustrial building in I-1 Zone may All uses permissible by right or on appeal in R-I Zone. i• I e, ing area may be moved or enlarged �� �� n•al o Planning Commission. Not more than SOX of the .u•ied b buildings. es, property yards, wholesale houses, fuel oil sales, 9 eerie lumber monument works, manufacturing facturblle graveyards, junk yards,l chlorine, re o k dust, or hazard of explosion, All uses permissible by right or on appeal in C-2 Zone Feick, cementfgypsum, 1I e, coke, creosote Ste •,/. .'Ibi/d All uses subject to Installation r • • •s, gutters, storm drainage dye, explosives, fertilizer, gas, es and exits. rubber or acid, blast furnacess, rolling.. mills, fat, grease, lard or Callow manu- facture, flour mill, lumber mill, petroleum pet7lf 'T refinery, curing of hides or skins, reTder- ing plant, and other uses offensive by rea- son of smoke, dust or hazard of explosion. Dwellings except on appeal. i \\\\\ , lip AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF FAIRFAX NOV 181964 THE CITY COUNCIL OF FAIRFAX HEREBY ORDAINS: 1 . That the Zoning Ordinance for the City of Fairfax, Virginia as amended, be and the same hereby is, amended to add Section 13 to read as follows: SECTION 13 OLD AND HISTORIC FAIRFAX DISTRICTS SECTION 13.01 . There are hereby created in the City of Fairfax, Virginia, districts to be known as "Old and Historic Fairfax Districts", the first of which shall begin at a point N 16°15'E, 150' and N 73°45'W, 150.00' from the Northwest corner of the intersection of North Street and West Street; Thence along the following courses : S 75°45' E 1490.00 ft. ; S 16°15'W 1292.00 ft. ; N 73°45' 1! 1110.00 ft . ; N 16°15' E 628.00 ft. ; N 73°45' tI 380.00 ft. ; N l6°15' E 664.00 ft . ; to the point of beginning, and being more generally described as the original Town of Providence, as resurveyed and rededicated in Liber 0-3, Page 208 in the land records of Fairfax County, Virginia, together with a 150' wide border around said Town (more or less, to conform with existing property lines) . It shall be within the province and power of the City Council to enlarge said first such district in such manner as it shall see fit or to create additional such districts within the City corporate limits at such time as the Council deems such action to be in the public interest by promoting the general welfare of the community through the preservation of old and historic places, or areas of historic interest in the City. Page 2 Sec. 13.02. In order to promote the general welfare through the preservation and protection of historic places and areas of historic interest in the City, no building or structure shall hereafter be erected, reconstructed, altered or restored, within said Old and Historic Fairfax District, unless and until an application for a certificate of appropriateness shall have been approved by the Board of Architectural Review hereinafter created, as to exterior architectural features including signs, which are subject to public view from a public street, way or place. Evidence of such required approval shall be a certificate of appropriateness issued by the Board of Architectural Review hereinafter created. Sec. 13.03. In order to promote the general welfare through the preservation and protection of historic places and areas of historic interest in the City, no building which existed within the Old and Historic Fairfax District in 1900 or prior thereto, except as provided in Sec. 13.13 of this article, shall be razed without first obtaining a permit approved by the Board of Architectural Review or the City Council on appeal , and such Board and Council shall be empowered to refuse such permit for any structure of such architectural or historic interest, the removal of which in the opinion of the Board or the City Council would be detrimental to the public interest of this City. Sec. 13.04. Applications, or reapplications as hereinafter provided, for such certificates of appropriateness or permit shall be made to the City Planning Director of the City of Fairfax, Virginia, together with tender of a $50.00 fee therefor . Sec. 13.05. For the purpose of making effective the provisions of this article, there is hereby created a board to be known as the Board of Architectural Review, to be composed of seven members, six of whom shall be appointed by the Council . At least one appointee shall be an architect licensed in Virginia and one member shall be appointed from among the membership of the Planning Commission The City Planning Director shall be a member by virtue of his office. Term of office of all members except the Planning Director shall be coincidental with that of City Council and the reappointment of any member for an additional term or terms shall be by affirmative action of the Council only, except that the term of the City Planning Director shall correspond to his official tenure of office. The term of the Planning Commission member shall be further limited by his term on the Commission. Any appointed member of the Board may be removed from office without cause by a two-thirds vote of the elected members of Council . An appointment to fill a vacancy shall be only for the unexpired portion of the term. Page 3 Sec. 13.06. The Board of Architectural Review shall elect its Chairman from its appointed membership and the City Planning Director shall be its Secretary. Sec. 13.07. The Chairman shall conduct the meetings of the Board. The Secretary shall be responsible for keeping the minutes of the meetings and a permanent record of all resolutions, motions, transactions, and determinations, which minutes and records shall be kept available and open to public inspection. All members of the Board shall be entitled to vote and the decisions of the Board shall be determined by a majority of the membership. A quorum of four members present is required before the Board may take any official action. The Board shall meet within twenty:1one days after notification by the City Planning Director of an application for a certificate of appropriateness or permit re- quiring action by the Board. The meetings of the Board shall be open to the public, and a public hearing shall be held by it on all applications coming before it. The Board shall vote and announce its decision on any matter properly before it not later than fourteen days after the conclusion of the public hearing on the matter, unless the time is extended by mutual agreement between the Board and the applicant. The Board shall not reconsider any decision made by it, except in cases where an applicant appears within ninety days with his application amended as hereinafter provided. The Board shall not hear the subject matter of any application which has been denied for a period of one year, except in cases where an applicant appears within ninety days with his application amended as hereinafter provided. In case of disapproval of the erection, reconstruction, alteration or restoration of a building or structure, the Board shall briefly state its reasons therefor in writing and it may make recommendations to the applicant with respect to the appropriateness of design, arrangement, texture, material , color, location, and the like of the building or structure involved. In case of disapproval accompanied by recommendations, the applicant may again be heard before the Board if within ninety days he comes before the Board with his application so amended that it will comply with all of the recommendations of the Board. In case of disapproval of the razing of a building which existed within the Old and Historic Fairfax District in 1900 or prior thereto, the Board shall state its reasons therefor in writing in some detail . If there be an appeal , the Board shall forthwith forward its reasons to the Council . Page 4 In matters covering the procedure for meetings not covered by this article, the Board may establish its own rules, provided they are not contrary to the spirit of this article. Sec. 13.08. No application for a permit to raze a building which existed in the Old and Historic Fairfax District in the year 1900 or prior thereto shall be considered by the Board unless and until the Secretary to the Board has caused to be prepared an advertisement stating the time, date, and place of the proposed hearing before the Board, the location of the property involved and the nature of the application; and further has caused such advertisements to be published once a week for two successive weeks in some newspaper published or having general circulation within the City, the last publication appearing not less than five days nor more than ten days before the published hearing. Sec. 13.09. The Board shall not consider interior arrangement or features not subject to any public view and shall not make any requirements except for the purpose of preventing development obviously incongruous to the old and historic aspect of the area. The Board shall consider the following in passing upon the appropriateness of architectural features: a. Exterior architectural features, including all signs, which are subject to public view from a public street, way or place. b. General design and arrangement. c. Texture, material , and color. d. The relation of the factors in a, b, and c above to similar features of buildings and structures in the immediate surroundings . e. The extent to which the building or structure would be harmonious with or obviously incongruous to the old and historic aspect of the district. f. The extent to which the building or structure will preserve or protect historic places and areas of historic interest in the City. g. The extent to which the building or structure will promote the general welfare of the City and all citizens by the preservation and protection of historic places and areas o; historic interest in the City. h. The extent to which said preservation and protection will promote the general welfare by maintaining and !ncreasing • Page 5 real estate values, generating business, creating new positions, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, 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, and making the City a more attractive and desirable place in which to live. Sec. 13. 10. The Board or the Council on appeal , shall grant the owner of any building which existed within the Old and Historic Fairfax District in the year 1900 or prior thereto, a permit to raze the said building unless: a. The building is of such architectural or historical interest that its removal would be to the detriment of the public interest; and b. 1 . The building is of such interest that it can be made into a historic shrine; or 2. The building 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 building would help preserve and protest a historic place or area of historic interest I in the City; or 4. Retention of the building would protect the general welfare by maintaining and increasing real estate values, generating business, creating new positions, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, 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. Sec. 13. 11 . Immediately upon approval by the Board of any erection, re- construction, alteration or restoration, a certificate of appropriateness signed by the Secretary of the Board and bearing the date of issuance shall be made available to the applicant. Page 6 Immediately upon approval by the Board of any application to raze a building which existed in the year 1900 or prior thereto, a permit to raze a building existing on or before the year of 1900 signed by the Secretary of the Board and bearing the date of issuance, shall be made available to the applicant. In instances where the City Council on appeal approves the razing of such a building, a permit to raze a building which existed in the year 1900 or prior thereto, bearing the date of issuance, shall forthwith be signed by the Mayor and made available to the applicant. Sec. 13. 12. Whenever the Board shall disapprove an application for a permit to raze such a building existing on or before the year 1900, the applicant shall have the right to appeal to and be heard before the City Council of the City of Fairfax, Virginia, provided he files with the Clerk of the City Council en or before fourteen (14) days after the decision of the Board, a notice in writing of his intention to appeal . Upon receipt of such notice, the Clerk of the City Council shall forthwith notify the City Manager who shall schedule a public hearing before the City Council at a time not less than thirty (30) days after the receipt by the Clerk of such notice, but no such hearing shall be had u:less and until the City Manager has caused to be prepared an advertisement stc.ting the time, date, and place of the proposed hearing before the Council , the location of the property; involved, and the nature of the hearing; and further nas caused such advertisement to be published at least once a week for two successive weeks in some newspaper published or having general circulatie within the City. On any appeal , the City Council shall conduct a public hearing on the ;natter, before rendering any decision, which decision shall be final . :ec. 13.13. Nothing in this article shall be construed to be in conflict with any ordinance which permits the razing of unsafe structures. Sec. 13. 14. If any person shall tender a fee to the City in the sum of $5(..00 to cover costs in connection with notice, the City Manager shall cause to be mailed -;:o each such person for a period of one year notice of the respective public hearings on all matters concerning the Old and Historic Fairfax Districts, which notice shall be mailed at least five (5) days before a hearing and shall state the time, date, place, and nature of the proposed hearing and location of the property involved. SECTION 12 PERFORMANCE STANDARDS IN CERTAIN ZONES 12.01 No use shall be established or conducted in any Commercial-2, Industrial-1 or Industrial-2 zone in any manner in violation of this section. This section shall be in addition to the requirements of Section II of this ordinance and shall not in any way modify or lessen said requirements nor be read so as to permit any uses not permitted therein. 12.02 Sound The sound-pressure level of sound radiated from an establishment, measured at the lot line of the site thereof that is the nearest thereto, shall not exceed the values in any octave band of frequency that are specified in Table I below, or in Table I as modified by the correction factors set forth in Table II below. The sound- pressure level shall be measured with a sound level meter and an associated octave band analyzer conforming to standards prescribed by the American Standards Association. Table I Maximum Permissible Sound Pressure Levels Measured re 0.0002 dyne per CM2 Frequency Band: Cycles per Second Decibels 20-75 74 75-150 62 150-300 57 300-600 51 600-1200 47 1200-2400 142 2400-4800 38 4800-10,000 35 Section 12 Performance Standards Pg. 2 Table II - Correction Factors Condition Correction in Decibels On a site contiguous to or across a street from the boundary of any R district es- tablished by this Zoning Ordinance Minus 5 Operation between the hours of 10:00 P.M. and 7:00 A.M. Minus 5 Sound of impulsive character (e.g. , hammering) Minus 5 Sound of periodic character (e.g. , hum or screech) Minus 5 Sound source operated less than - 20% in any one hour period Plus 5* 5% in any one hour period Plus 10* 1% in any one hour period Plus 15* *Apply only one of these corrections. All other corrections (including any one of the footnoted corrections) are cumulative. 12.03 Vibration No vibration at any time shall produce an acceleration of more than O. lg or shall result in any combination of amplitudes and frequencies on any structure beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442, entitled "Seismic Effects of Quarry Blasting". The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this section. 12.04 Smoke There shall be no emission into the atmosphere, from any operation, of visible gray smoke of a shade darker than No. 2 on the Ringle- mann Smoke Chart as published by the United States Bureau of Mines, except that visible gray smoke of a shade not darker than No. 3 on such chart may be emitted for not more t:,on fc,r minutes in any period of thirty minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of any other color, but with an equivalent apparent opacity. 12.05 Other Air Pollutants There shall be no emission of fly ash, dust, dirt, fumes, vapors or gases into the atmosphere from any operation to any extent that could cause any damage to the public health, to animals or vegetation Section 12 Performance Standards Pg. 3 12.05 Other Air Pollutants (Continued) or to other forms of property, or which could cause any excessive soiling at any point. In no event shall there be any such emission of solid or liquid particles in concen- trations exceeding 0.3 grains per cubic foot of the conveying gas or air, nor of acid gases in excess of 0.2% by volume. For measurement of the amount of particles in gases result- ing from combustion, standard correction shall be applied to stack temperatures of five hundred degrees Fahrenheit and fifty per cent excess air. 12.06 Odor There shall be no emission of odorous gas or any other odorous material in such quantity as to be offensive beyond the boundaries of the site of such emission. 12.07 Radioactivity There shall be no radioactive emission that would be dangerous to health. 12.08 Electrical Interference There shall be no electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. 12.09 Liquid or Solid Wastes There shall be no discharge of any liquid or solid wastes into any stream, except as authorized by a public agency. 12. 10 Glare and Heat There shall be no direct or reflected glare, w!, .ther from flood lights or from high-temperature pr:Joesses (for example, combustion or welding) so as to be visible from within any Residential zone. 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"1 O :,• a s -h" 0 re U -h -I C VI a 7 (D y• 3 J 7 r~ 9 re 't, rt 3 r N n ----+:",-----0--'"1-to 'PTT f-cA a 7' N 0 CD to -1 0 'n i r•t. -h -• N d 1 O t7 D C r' N -t tD n ca (D rt'0 N O -, tV t^ 7 ' {p C r' I to 1 O rt S 3' a '1 -1 •. (, n p O .o C O N a . rt r! 3 rt.: -ti 1) °I._-• " 7 (D O " 3 r+ (D (D d -h t) (, - v. a - va a a d rt G, rt 3 -• O cq a ,D < 7' fi n N rt U -C re, 3 art va N S7" -j -C raft (CD C C. ( Cu 3 CD j • (D - A r+ N 1 N 7 3 rt rt 7' a V, d to -< CD ■ t k c CITY OF FAIRFAX • City Hall Fairfax, Virginia 22030 PLANNING COiIiISSION January 28, 1965 To: The iiayor and City Council From: The Planning Commission Subject: Amendment of the City Zoning Ordinance. Recommendation ,#2 The Planning Commission of the City of Fairfax on January 25, 1965, in a regular meeting continued from January 18, 1965, and previously begun on January 11, 1965, and including a duly advertised public hearing thereon, by unanimous vote of the eight Commissioners present recommended that the Council adopt the amendments to the City Zoning Ordinance detailed below to serve the public necessity, convenience and the general welfare of the City and in furtherance of good zoning practice. The amendment proposed to subsection 3.01 of Section 3 is intended to be a general statement of the legislative purpose in establishing each of the various zones. It is intended particularly for the guidance of the Zoning Administrator and the Board of Zoning Appeals in the administration and interpretation of Section 11. PROPOSED / ILNENTS A. Add to Subsection 3.01 of Section 3 the following: There are hereby established the following zones in the City of Fairfax for the general purposes indicated below: R-1 This zone is established to provide areas for single family resi- dences with a minimum lot size of 20,000 square feet. See Section 11 for additional and specific requirements and uses. R-2 This zone is established to provide areas for single family resi- dences with a minimum lot size of 12,500 square feet. See Section 11 for additional and specific requirements and uses. R-3 This zone is established to provide areas for single family resi- dences with a minimum lot size of 9,500 square feet. See Section 11 for additional and specific requirements and uses. This zone is established to provide areas for multi-family resi- dences of the garden or low rise type. See Sections 3.16 and 11 for additional and specific requirements and uses. To: The Mayor and City Council January 28, 1965 Page 2 C-1 This zone is established to provide areas for offices for business, governmental and professional uses. See Section 11 for additional and specific requirements and uses. C-2 This zone is established to provide areas for general business establishments and related activity. See Section 11 for additional and specific requirements and uses. C-3 This zone is established to provide areas for business establish- ments of curb service or drive in nature and related activity. See Section 11 for additional and specific requirements and uses. I-1 This zone is established to provide areas for light industrial uses, more specifically outlined in Section 11. I-2 This zone is established to provide areas for general industrial uses, more specifically outlined in Section 11. Change 3.04 to read as follows: 3.04 This Ordinance shall be enforced by a Zoning Administrator ap- pointed by the City Manager. No land or structure shall be changed in use and no structure shall be erected, altered, added to or en- larged, or moved, until the Zoning Administrator shall have certified that the plans and intended use of the structure and the location thereof are in conformity with this Ordinance. The Zoning Administrator shall not approve any application when under this Ordinance prior approval of the Planning Commission, Board of Zoning Appeals, Board of Architectural Review or Health Officer is required, until the approval of said Planning Commission, Board of Zoning Appeals, Board of Architectural Review or Health Officer is obtained. Delete Sections 3.05 and 3.06 in their entirety. Under 3.13, strike "Zoning Permit-No Charge". B. Section 11 C-1 Zone Uses Permissible by Right (Revised) 1. Banks, offices for professional, government, or business use, hospi- tals for the treatment of human beings, nursing homes, churches, and funeral homes. 2. Such ancillary uses as clinics, schools of special instruction, pharmacies or medical supply services, barber shops, beauty shops, restaurants, news- stands, photographic services, florists, gift shops, optical stores and services, are permissible by right; provided, they are located completely within a said professional governmental or business office building, and provided further that such ancillary uses do not occupy more than 205 of the total usable floor space of said office building. To: The Mayor and City Council January 28, 1965 Page 3 3. All uses permissible by right in this zone are subject to in- stallation and approval by the Director of Public :forks of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. Delete in C-2 Uses Permissible by Right: Paragraph 2 "Automobile service stations" "Refreshment stands" Paragraph 3 "Garages" Insert in C-2 Uses Permissible by Right: 4. Uses indicated as ancillary in C-1. Insert: 1. After Commercial-2 in column headed "Zone": Commercial-3 2. Under "Lot Average": Not Applicable. 3. Under "Area Ilinimum": Add Footnote J. 22,000 sq. ft. 4. Under columns titled "Set Backs": a. "Front line restrictions": 75 feet from any public right of way line. No gasoline pump or pump island may be within 25 feet of any public right of way. b. "Side": 25 feet c. "Rear": 25 feet 5. Minimum .;idth at BRL: Not Applicable. 6. Off-Street Parking: See Section 6. 7. Under "Uses Permissible by Right": 1. Any use permitted in C-2 zone. 2. Automobile service stations, refreshment stands; garages (not including exterior storage of junk automobiles), drive-in restaurants or prepared food sales operations which are predominantly carry-out and less than 7510 of the food sold is consumed within a permanent building on the premises; drive-in laundry or drive-in dry cleaning establishments; other retail stores or operations which use no permanent building or To: The ilayor and City Council January 28, 1965 Page 4 a building of less than 2,000 square feet on the ground level in a location other than a shopping center of at least 10 different retail or service stores or establishments. 8. Uses Permissible on Appeal: Uses permissible on appeal in C-2. 9. Uses Prohibited: All uses not specifically permitted. Respectfully sub itted, JJ E. SHAIIKLIN, CHAIMAN Fairfax City Planning Commission JES/dml 41101 MEMORANDUM - October 5, 1964 TO: City Council, City of Fairfax FROM: E. A. Prichard RE: ZONING PROCEDURE A public zoning hearing before the City Council will normally be conducted in the following sequence: A. AGENDA 1. The Mayor will announce the case not earlier than the hour scheduled on the Agenda. 2 . The Planning Director, or in his absence the City Manager or City Engineer, will locate the property on the map. 3. The Planning Director, or in his absence the City Manager, will check and report as to whether, the notice requirements have been met: Notice by publication and notice by the applicant to five neighbor- ing or adjacent property owners. 4. The City Clerk will read the report of the Planning Commission. 5. The Planning Director, or in his absence the City Manager, will report to the Council the situation as regards the availability of public facilities to the property proposed to be rezoned: (a) Sewer capacity (b) Water capacity (c) Highway access. 6. The applicant or his representative will present his case in not exceeding thirty minutes, unless the Council grants an extension of time. The applicant will address himself to two questions: (a) What change of conditions since the adoption of the zoning map makes desirable a change in the zoning map, and (b) if there has been no change of condi- tions since the adoption of the zoning map, how was the original zoning map in error. 7. Persons wishing to speak in favor of the application will be heard. 8. Opponents to the proposed rezoning will be heard. Normally, opposition will be restricted to thirty minutes, unless the Council grants an extension of time. Opponents should address thenselves to the same propositions stated in paragraph 6. [continued] +"- x[RO %ERO!! XERO! f=EOP1 1COPY COPVr COPY' _ _ • Page Two • • , 9. The applicant will be granted a rebuttal time equal to the amount of additional time granted the opponents beyond thirty minutes, to rebut the opposition presentation. If opponents to the rezoning have not taken more than thirty minutes, applicant will not be granted a rebuttal. 1 ,. r•ti., 10. The public hearing will be declared closed and the case dis- cussed publicly by Council members. 11. The case will either be decided by the Council by a motion to grant, grant in part, or deny, or will be deferred to a subsequent meet- ing for decision. In the event of deferral, the hearing will remain closed and no further information will be taken from the applicant or opponents to the rezoning. When the case is called at a subsequent meet- ing, it will be publicly discussed by members of the Council and decided on the basis of evidence presented at the first hearing. B. WRITTEN MATERIAL No written material will be considered by the Council unless it has been filed with the Planning Director at least five days prior to the hearing. In the event such material is filed, it will be available to members of the public as soon as it is filed. /i'l-f(212-41A-1(-4■ E. A. Prichard EAP:fb • COPY 'COPY COPY COPY Fairfax City Taxpayers Alliance Dedicated to an Informed Electorate and Sound City Government Harley M. Williams, President William H. Grimm, Treasurer Jay E. Shanklin, Vice President Mrs. Eugene T. Fisher, Secretary Directors: Dr. Mollie Ray Carroll, Mrs. Glen H. Curtis, Eugene T. Fisher, Elvin F. Henry, Douglas P. Mulholland, and Cullen Wimmer R E S O L U T I O N Regarding an Amendment of the City Zoning Ordinance The Board of Director of the Fairfax City Taxpayers Alliance meeting on June 22, 1964, voted to request the City Council to instruct the Planning Commission to undertake a revision of the Zoning Ordinance to limit any further proliferation of gasoline service stations, used car lots, carryout refreshment stands or res- taurants, and other small retail establishments outside shopping centers. It was the view of the Board that the City now has sufficient such establishments to provide for the needs of its population as well as that of a substantial surrounding area and that any further development of such establishments must be carefully controlled in order to prevent the blighting of the Cityts appearance and future development. Accordingly, the Board voted to ask the Council to direct the Planning Commission to consider the feasibility of an amendment of the Ordinance along the following lines: Amend Section 11 of the Ordinance by adding the following paragraph under "Uses Permissible by Right": Commercial —3 1. All uses permissible by right in C-2 zone. 2. Automobile service stations; used car sales lots and garages not connect- ed with a new car sales establishment; refreshment stands; drive-in restaurants orf food sales operations which are predominantly carryout and less than 75 per the food sold is consumed on the premises; retail stores or operations which use no permanent structure or a structure of less than 2,000 square feet on the ground floor in a location other than a shopping center of two acres or more. Amend Section 11 to strike out the following words in the same column opposite "Commerical -2" "automobile service station," "refreshment stands," and "garages" and add the following words: 4. Such uses shall be permissible only if conducted in a permanent structure, or structures in the case of motels, occupying at least 2,000 square feet on the ground floor. The Board instructed Vice President Shanklin to present the above resolution to the Council for consideration at the Council meeting of July 1, 1964. By Order of THE BOARD OF DIRECT CRS Fairfax City Taxpayers Alliance BE IT ORDAINED by the Town Council of the Town of Fairfax, Virginia, that the amendment dated June 8, 1955 to the Town Zoning Ordinance be, and it hereby is, rescinded in full; and be it further ordained that for the purpose of minimizing fire hazards caused by the proximity of buildings in Residence A and Residence B zones, Section 5 of the Zoning Ordinance of the Town of Fairfax be amended as follows: SECTION 6, RESIDENCE A - Line 11 Front depth - 25 feet; rear depth - 20 feet; side setback for dwellings and for enclosed or covered porches, garages, carports, or other structures attached to the said dwellings - 12 feet; except that detached garages, detached carports, and other detached buildings or structures may have a 5-foot minimum setback from side and rear property lines, provided that said detached units are at least 7 feet away from any adjoining structures. SECTION 6, RESIDENCE B - Line 6 Front depth - 25 feet; rear depth - 12 feet; side setback for dwellings and for enclosed or covered porches, garages, carports, or other structures attached to the said dwellings - 12 feet; except that detached garages, detached carports, and other detached buildings or structures may have a 5-foot minimum setback from side and rear property lines, provided that said detached units are at least 7 feet away from any adjoining structures. This amendment shall become effective on and after November / , 1956, BE IT ORDAINED by the Town Council of the Town of Fairfax, Virginia, that Chapter 5 of the Town of Fairfax Code, designated as the Town Parking Ordinance, be amended as follows: Substitute the following for Section 11: Section 11 . Parking in Residential Areas. From and after the effective date of this section, no person shall, in any area of the Town of Fairfax zoned for residential use, park on the � , C,t-�,... CLI, .• 121u�.Ltifi /CV' -.vJ. ev street or on a driveway in, such Larea any eommer -�� , • ±,,oludix -was; provid4d, hoAmver, that one commercial vehicle only may be parked within a garage on any given premises in such residential area, and provided further that the foregoing prohibi- tion shall not be deemed to prohibit the temporary stopping of commercial vehicles on such streets or driveways for the purpose of loading or unloading, or for necessary repairs. ADOPTED this __— day of June , 1960. APPROVED this day of June , 1960. Mayor ATTEST: Clerk �do� O!)3X A83X 10213% 0213% UuJxi _ • ORDINANCE Change 30 years to 17 years and 9 months new Page 2 - Insert/Section 4 Change numbering to 5, 6, & 7 NEW SECTION 4 That in the event it becomes necessary to require of said Company any future removal or relocation of poles whether from private or public property to either private or public property, said Company shall not demand payment of any portion of the cost from the City either directly or- indirectly; but said Company shall bear all expense that might be otherwise chargeable to the City of such removal or relocation. i I ' +50 49 48 47 4 /8/2 E G 5A'Y ~ ///L L ' S 3 = 250E 47 . 00 N C / TY o.OF 293. 88 ' FA /2FAX O . PARCEL A„ N ,� /; 4240 N 27095 ,, p d0 hi ri /77.4/ 2 97. 5 9 A/3C"52=50"14/ N 3C°52' .50"A/ 0 Co r` L /ND ON CON5T. COMOANY, INC_ N O y \ C(*. PARCE1.- " 5 „ C )) Ili 8G . 45 ' r 1) L l'r% % I'm ‘ 1 N3G'50=4O"!N 309. /8 ' Q • n COV n/ TRY CL U5 1-1/L L 5 REC. Co/CV - \ r '` � �C� 1.1 • � n on . � 2 o a �:�' ° % �.H S � �-I z c t .) O k o) a A r -1, ‘ 1 'ainiZ 13 o q X11 % • -� 0' ODD lec# 73 C �, ' ^ Z . 0 � � � �0 f% f. ZONING ORDINANCE . .. ... IF. R FA 4kr _ L. ; t / IRGINIA I SAt 4• 9 id 1 CITY OF FA/RFAX, VIRGINIA /968 ZONING ORDINANCE Town of Fairfax, Virginia SECTION 1 Be it ordained by the Town of Fairfax, Commonwealth of Virginia, as follows: The Town of Fairfax is hereby divided into zones as shown on the zoning schedule hereto attached and the zoning maps filed in the office of the Town Manager. The zoning map and schedule and all the explanatory matter thereon are hereby made a part of this ordinance. This ordinance shall be effective as of December 7, 1960. Wherever reference is made herein to the Town of Fairfax, the City of Fairfax is implied. 1-1 INDEX Subject Section BOARD OF ZONING APPEALS 5 DEFINITIONS 2 EFFECTIVE DATE 10 GENERAL REGULATIONS 3 Apartments 3.14 Porches and Carports 3.09 Certificate of Occupancy 3.06 Enforcement of Ordinance 3.04 Fees 3.11 Fences 3.10 Flood Plain 3.15 Location Plat 3.05 Rezoning Procedures 3.13 Screening Requirements 3.174(h) Site Plan Requirements 3.17 Spires and Towers 3.07 Visual Clearance 3.16 NON-CONFORMING USES 4 OLD AND HISTORIC FAIRFAX DISTRICT 13 PARKING - Off Street 6 PERFORMANCE STANDARDS 12 SCHOOLS 14 SIGNS 7 SPECIAL USE PERMIT PROCEDURES 5 TITLE OF ORDINANCE 1 VALIDITY 9 VARIANCE PROCEDURES 5 I 0 0 INDEX Subject Section ZONING SCHEDULE 11 R-1 Zone Residential R-2 " Residential R-3 Residential R-T Town Houses M-1 " Apartments C-1 " Commercial C-2 " Commercial C-3 " Commercial I -1 " Industrial 1-2 " Industrial KEY 11 • • 1 • SECTION 2 DEFINITIONS GENERAL: Words used in the present tense include the future. Words in singular number include the plural number and words in the plural number include the singular number. The word "shall" is mandatory. The word "structure" includes the word "building". Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line in relation to which distance is specified. The word "used" shall be deemed to include designed or intended to be used. The term "Town" shall mean the Town of Fairfax. The term "Board of Zoning Appeals" shall mean the Board of Zoning Appeals of the Town of Fairfax. The term "building inspector" shall mean the building inspector of the Town of Fairfax. ACCESSORY BUILDING: A subordinate building on the same lot with the main building, the use of which is incidental to that of the main building. Example: garage or tool shed. APARTMENT HOUSE: A building used as a residence for three or more families living independently of each other, APPLICABLE LAWS, ORDINANCES AND REGULATIONS: The statutes of the Commonwealth of Virginia, the ordinances of the City of Fairfax and the fire, health, building, electrical and plumbing codes adopted pursuant to said ordinances. (Eff. 9/7/65) ARCHITECT: An individual who is certified by the State of Virginia and who is registered with the Virginia Department of Professional and Occupational Registration as a Professional Architect, (Eff, 9/7/65) AS BUILT SITE PLAN: A certified site plan showing location of buildings and all on-site and off-site improvements as actually constructed, (Eff. 9/7/65) BILLBOARDS OR POSTER PANEL: Any sign or advertisement used as an outdoor display for the purpose of making anything known, where the subject matter of the sign is not available on the premises. (Eff, 11/7/67) BOND COMMITTEE: A committee composed of the City Manager, the Director of Public Works and the City Attorney, any two of whom may act. (Eff. 9/7/65) BUILDING: A structure projecting above the level of the ground intended for the shelter, support or enclosure of persons, animals or chattels. When a structure is completely separated into two or more portions by divisional walls from the foundation up without any normal access openings each such portion of the building shall be deemed a separate building. 2-1 BUILDING RESTRICTION LINE: A line parallel to an abutting street beyond which no structure or appurtenance shall extend. CARPORT: Any space outside a building and contiguous thereto, wholly or 400 partly covered by a roof, and used for the shelter of motor vehicles. An unenclosed carport is a carport with no side enclosure (other than the side of the building to which the carport is contiguous) that is more than 24 inches in height, exclusive of screens. COLLECTOR STREET: A street which connects one or more local streets to a major thoroughfare. (Eff. 1/4/66) COMMUNITY USE: Country clubs, cultural centers, swimming pools, club houses and similar uses for use only by members thereof and not for gain. CORNER LOT: A lot bordering on two streets which intersect at an angle not greater than 135 degrees. (Eff. 1/4/66) CUSTOMARY HOME OCCUPATION: The office, studio or occupational room of a physician, surgeon, dentist, architect, musician, instructor in music or art, engineer, surveyor, lawyer, real estate broker, dressmaker, insurance broker. or similar person when such use is (a) conducted entirely within a dwelling which is the bona fide residence of the principal practitioner, and (b) no other persons are engaged in the occupation on the premises except not to exceed two employees of the principal practitioner, and (c) there is no display of goods, tools, equipment, commercial vehicle or advertising other than an unilluminated • sign not exceeding one square foot in area. The term shall exclude any funeral home, kennel , veterinary office, animal hospital , nursery school , and any establishment in which goods are offered for sale. (Eff, 12/5/67) DEVELOPER: The investor or contract purchaser who promotes a building project. (Eff. 9/7/65) DRIVEWAY: That space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street. (Eff. 9/7/65) DWELLING: A building constructed to accommodate one family. The term shall exclude apartments, semi-detached houses, hotels, tourist homes, trailers and mobile homes. ENGINEER: An individual who is certified by the State of Virginia and who is registered with the Virginia Department of Professional and Occupational Registration as a Professional Engineer. (Eff. 9/7/65) FAMILY: One person or a group of persons related by blood or marriage, plus not exceeding three additional unrelated persons. FLOOD PLAIN: Any land area along a natural drainage way which is subject to continuous or period inundation or flooding as delineated and shown on an official map dated July 19, 1965 on file in the office of the Director of Public Works, which map is made a part of this ordinance by reference. (Eff. 11/21/67) 2-2 HEIGHT: Height shall be measured (on the side of the building nearest the street) from the average ground level to the level of the highest point of the roof in the case of a flat roof and to the point one-half the distance between the eaves and the highest point of the roof in the case of a pitched roof. HOTEL: A building containing sleeping rooms for rental or hire to transients and travelers. The term shall also include motels, motor lodges and tourist cabins, and rooming houses having accommodations for more than eight persons. KENNEL: Any place in or at which dogs are kept under any or more of the following conditions: (a) more than four dogs more than four months of age, or (b) any number of dogs that are kept for the purpose of sale or in connection with the boarding, care or breeding, for which any fee is charged. (Eff. 2/5/64) LAND SURVEYOR: An individual who is certified by the State of Virginia and who is registered with the Virginia Department of Professional and Occupational Registration as a Certified Land Surveyor. (Eff. 9/7/65) LOCAL STREET: A street whose principal purpose is to provide vehicular and pedestrian access to the abutting property which terminates in a loop or cul-de-sac or carries no substantial through traffic. LOT: A separate piece or parcel of land having frontage on a street or having access to a street by right-of-way or easement, and whose area is sufficient to furnish the minimum area required for compliance with this ordinance. MAJOR THOROUGHFARE: A street of four lanes or more. (Eff. 1/4/66) NON-CONFORMING BUILDING OR USE: A building or use lawfully existing at the time of the adoption of this ordinance, or any amendment to this ordinance, which does not conform to the building or use regulations of the district in which it is located. NON-CONFORMING LOCATION: A building lawfully existing at the time of adoption of this ordinance, or any amendment to this ordinance, which does not conform to the building restriction line or setback requirement of this ordinance or any amendment to it. NURSERY SCHOOL: Any place, however designated, operated for the purpose of providing training, guidance, education or care for four or more children, none of whom is over six years of age, separated from their parents or guardians during any part of the day other than from 6:00 p.m. to 6:00 a.m. , including kindergartens, day nurseries and day care centers. (Eff. 12/5/67) A nursery school shall not be deemed a customary home occupation. OFF-SITE: Any area which does not fall within the boundary of the land to be developed. (Eff. 9/7/65) 2-3 OFF-STREET PARKING SPACE: Space available on private property and usable for the parking of one motor vehicle having an area of at least 180 square feet per motor vehicle plus sufficient maneuvering area to give access to a street. ON-SITE: That area which is within the boundary of any land to be developed. (Eff. 9/7/65) OWNER: Party or parties having title to the described property, (EFF.9/7/65) PERSON: Any person, firm, partnership, association, corporation or other legal entity. PORCH: A projection from an outside wall of a dwelling covered by a roof and/or sidewalls (other than the sides of the building to which the porch is attached) not more than two feet in height. A porch -which projects beyond a setback or building restriction line may be screened but may not be enclosed with glass, jalousies, canvas, plastic or any solid material to a height exceeding two feet. PYLON-TYPE SIGN: A self-standing sign on a pole, poles or tower, not attached to a building. REVISED SITE PLAN: A site plan showing any proposed changes or revisions to an existing, previously approved site plan. (Eff, 9/7/65) ROOMING HOUSE: Any dwelling containing, in addition to living space for • the operator and family, sleeping accommodations for not more than eight non-transient persons, and further the term shall include fraternity and sorority houses without limitation as to the number of sleeping accommo- dations. Meals may be served to persons living on the premises. SCHOOL OF GENERAL INSTRUCTION: A public, parochial , or private school or college giving regular instruction at least five days each week (except for holidays) for a normal school year of not less than seven months; but not including (a) a school of special instruction as defined herein; or (b) a nursery school unless conducted as a part of a school of general instruction, (Eff. 12/5/67) SCHOOL OF SPECIAL INSTRUCTION: 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: (a) a nursery school ; (b) a riding school , however designated; or (c) a school for mental defectives. (Eff. 12/5/67) SEMI-DETACHED HOUSE: Two dwellings separated b 9 P by a party wall , each dwelling being on a separate lot. SERVICE DRIVE: A travel lane on dedicated right-of-way, (Eff. 9/7/65) SETBACK LINE: The setback required from a property line not fronting on a street, 2-4 SHOPPING CENTER: Two or more commercial establishments planned or operated as a unit with off-street parking provided on the property. (EFF. 11/7/67) SIGN: Any word, numeral , figure, design, trade mark, flag, pennant, twirler, light, display, or device of any kind which, either singly or in any combination, is used to direct, identify, inform, persuade, advertise, or visually attract the attention of the out-of-doors public. (Eff, 11/7/67) SIGN AREA: The total area in the smallest rectangle or rectangles, if the sign is rectangular; or the smallest convex polygon that will contain the entire sign, excluding architectural embellishments and supports on neither of which there is displayed any advertising material or any lighting. For projecting or double-faced signs, one (1) display face shall be measured in computing total sign area where the sign faces are parallel or where the interior angle formed by the faces is forty-five (45) degrees or less. The actual area of any exposed tubing or lighting used to outline any part of a lot, other than a sign, shall be included in any computation of sign area; provided that the area of any band of lighting (including a string of individual lights) less than one (1) foot in width, shall be computed at the rate of one (1) square foot for each one (1) foot on the length thereof. (Eff, 11/7/67) SITE PLAN: Detailed drawings indicating all building locations and site improvements required by Section 3. 17 of this ordinance, (Eff. 9/7/65) STATE: In all places where the word "State" is used, it is intended to mean the Commonwealth of Virginia. (Eff. 9/7/65) STREET: A road or highway either accepted by the City for maintenance or dedicated on an approved plat where the dedicator has entered into a contract with the City to construct the same. TOURIST HOME: Any dwelling containing in addition to living quarters for the operator(s) , sleeping accommodations for a maximum of eight transients or travelers. TOWN HOUSE: A single-family dwelling forming one of a series of attached single-family dwellings, separated from one another by a party wall without doors, windows or other provisions for human passage or visibility through such party walls, (Eff. 1/4/66) TRAVEL LANES: That space specifically designated and reserved as the site for the movement of vehicular traffic. (Eff. 9/7/65) 2-5 0 0 4 e SECTION 3 GENERAL REGULATIONS 3.01 No structure shall hereafter be erected; no existing structure shall be moved, altered, added to, enlarged, nor shall any land or structure be used for any purpose not specifically permitted by this ordinance in the zone in which the structure or land is located. There are hereby established the following zones in the City of Fairfax for the general purposes indicated below: (Eff. 4/6/65) R-1 This zone is established to provide areas for single family residences with a minimum lot size of 20,000 square feet. See Section 11 for additional and specific requirements and uses. R-2 This zone is established to provide areas for single family residences with a minimum lot size of 12,500 square feet. See Section 11 for additional and specific requirements and uses. R-3 This zone is established to provide areas for single family residences with a minimum lot size of 9,500 square feet. See Section 11 for additional and specific requirements and uses. R-T This zone is established to provide for single family development and, under certain conditions, the development of town houses. Town house development should occur where development will be consistent with the Master Plan, and involves the re-use of land where older structures are removed or as a transitional use of vacant land where a substantial portion of the property has a common boundary with an I , C or M zone. It is intended that any town house development permitted should result in high quality living units to promote the purposes set forth in Section 15. 1-489, Code of Virginia (1950) , as amended, offering optimum preservation of natural land form and foliage and the clustering of usable open space by the clustering of dwelling units. Clusters of dwelling units should be so arranged to achieve an intimate, internal relationship. Site plans shall be prepared in sufficient detail to permit judgment of compliance with the purpose of this ordinance. (Eff. 1/4/66) M-1 This zone is established to provide areas for multi-family residences of the garden or low rise type. See Sections 3, 14 and 11 for additional and specific requirements and uses. (Eff, 4/17/63) C-1 This zone is established to provide areas for offices for business, governmental and professional uses. See Section 11 for additional and specific requirements and uses. C-2 This zone is established to provide areas for general business establishments and related activity. See Section 11 for additional and specific requirements and uses. 3-1 C-3 This zone is established to provide areas for business establishments of curb service or drive-in nature and related activity, - See Section 11 for additional and specific requirements and uses. 1-1 This zone is established to provide areas for light industrial uses, more specifically outlined in Section 11 . 1 -2 This zone is established to provide areas for general industrial uses, more specifically outlined in Section 11 . 3.02 No open space or lot required by this ordinance for a structure shall , during the life of that structure, be occupied by or counted as open space for another building or structure. 3.03 Where a zone boundary line divides a lot in single ownership of record at the time said line is adopted, the regulations for the less- restrictive portion of such lot shall extend not more than 50 feet into the more restrictive portion, provided the lot has frontage on a street in the less-restrictive zone. 3.04 This ordinance shall be enforced by a Zoning Administrator appointed by the City Manager. No land or structure shall be changed in use and no structure shall be erected, altered, added to or enlarged, or moved, until the Zoning Administrator shall have certified that the plans and intended use of the structure and the location thereof are in conformity with this ordinance. The Zoning Administrator shall not approve any application when under this ordinance prior approval of the Planning Commission, Board of Zoning Appeals, Board of Architectural Review or Health Officer is required, until the approval of said Planning Commission, Board of Zoning Appeals, Board of Architectural Review or Health Officer is obtained. (Eff. 4/6/65) 3.05 Location Check: No building, except additions or accessories to existing dwelling, shall proceed beyond first floor level until the location of the footings and walls as shown by certified surveyor's plat thereof, has been approved by the Zoning Administrator. 3.06 Certificate of Occupancy: No land or structure hereafter erected, moved or altered in its use shall be used until the Zoning Administrator shall have issued a certificate of occupancy stating that such land or structure and its location is found to be in conformity with the provisions of this ordinance and all other applicable ordinances. 3.07 Spires and towers not used for human habitation, excluding signs, may extend above the height of limitation herein fixed. Walls and similar projections not used for human habitation, excluding signs, may extend above the height limitation not exceeding 5 feet. 3.08 Sills, cornices and similar ornamental features may project not exceeding 18 inches beyond any required setback or building restriction line, 3-2 3.09 Bay windows, porches, balconies and similar features may project not exceeding three feet beyond any required setback or building restriction line. Setback and building restriction lines shall not apply to terraces, patios and un-roofed porches on ground level . 3.10 Fences: Building restriction lines and setback requirements shall not apply to fences, walls, trees, hedges and shrubbery. 3.11 The following fees shall be required of all applicants for zoning permits: Occupancy Permit $ 2,50 Rezoning Application - $50.00 3. 12 Deleted 11/7/67. 3.13 Procedures (Eff. 2/5/64) . 3. 131 Applications for change of zoning (amendment to the zoning map) shall be made by the owner, contract owner or optionee of the property on forms prescribed by the Zoning Administrator, accompanied by a plat by a certified surveyor and a fee of $50.00. All applications shall be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed rezoning shall be advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days nor more than ten days after final publication. At least 10 days prior to the date of any public hearing before the Planning Commission on any proposed change in zoning the property shall be posted by the City and the applicant shall inform at least five adjacent or neighboring property owners by certified mail . 3, 132 Any comprehensive plan, or amendment thereto, or other amendment to this ordinance shall originate or be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed plan, or amendment thereto, or other amendment to this ordinance shall be advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days nor more than ten days after final publication. 3. 133 After the public hearing before the Planning Commission, the Planning Commission shall submit its recommendation to the City Council , but no application for change of zoning, comprehensive plan, or amendment thereto, or other amendment to this ordinance shall be acted upon by the City Council until advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of a public hearing before the City Council at which persons affected may appear and present their views, not less than five days nor more than ten days after final publication. At least ten days 3-3 prior to the date of any public hearing before the City Council on any proposed change in zoning, the property shall be posted by the City and the applicant shall notify at least five adjacent or neighboring property owners by certified mail . 3.134 Upon the denial of any application filed pursuant to Section 3. 131 for change in zoning, no further application shall be filed pursuant to Section 3. 131 within twelve months for change in zoning of any or all of the same property involved in the denied application to the same zoning category applied for in the denied application. The term "zoning category" as used in this section shall mean residential , commercial , apartment or industrial . The applicant may withdraw any application filed pursuant to Section 3. 131 at any time before the matter is called on the agenda of the City Council for the advertised public hearing. Thereafter such application may be withdrawn only upon the affirmative vote of a majority of the City Council present and voting. The City Council may Initiate action on a proposed change in zoning by referring said proposal to the Planning Commission for a legally advertised public hearing whether or not an application for change in zoning of any or all of the same property to the same zoning category has been denied within the preceding twelve months. 3.14 Apartment Houses. (Eff. 4/17/63) 3.141 Area Requirements: Any lot or tract used for apartment houses shall have a minimum of 10,000 square feet for the first living unit in each apartment house. For additional living units in any particular apartment house, the following areas shall be added to the 10,000 square feet requirement: Number of Rooms Lot Area Requirements per Living Unit per Living Unit 1 1500 sq. ft. 2 2000 sq. ft. 3 2500 sq. ft. 4 3000 sq. ft. Kitchen and baths shall not be included in determining the number of rooms in a given living unit. 3.142 Apartment House Setbacks: a. No apartment house or its accessory structures shall be located less than 100 feet from the center line of any boundary street nor less than 30 feet from the right-of-way of any service drive paralleling a boundary street, nor less than 60 feet from the center line of any interior street. b. No apartment house shall be located less than 50 feet from any side or rear property line. No accessory building shall be located less than 25 feet from any apartment house nor less than 25 feet from any side or rear property line. No parking lot shall be located less than 25 feet from any side or rear property line. 3-4 c. If any of the structures In an apartment house project are so located that the front or rear of one structure faces any other structure, a distance of not less than 60 feet shall separate such structures; if any of the structures are arranged in a row, end to end, no such structure shall be closer to any other such structure than a distance equal to the average of their heights. 3.143 Percentage of Lot Coverage: Apartment houses, including accessory building, on any lot, shall not cover more than 25% of the area of such lot. There shall be included in the percentage of lot covered 180 square feet of parking space for each living unit, plus sufficient maneuvering area to give access to a public street. 3.15 Flood Plain and Drainage Control : 3.151 Development: No structure or addition to any existing structure increasing the outside perimeter of such structure shall be erected in the flood plain, except as provided under the following conditions: a. Structures of which the underside of the lowest floor (including cellar or basement) is a minimum of 18 inches above the flood plain, and where such structures and land use will not adversely affect the stream flow or natural drainage of the flood plain. b. Where the approved subdivision plat, approved by the Director of Public Works, delineates flood plain limits, structures will be permitted on any lot on which a flood-free building site remains. 3. 152 Drainage: No change shall be made in the contours of any land which affects the course, width or elevation of any flood plain or natural or other drainage channel in any manner which will obstruct, interfere with or change the drainage of such land without providing adequate drainage in connection therewith, a5 approved by the Director of Public Works. 3. 153 Responsibility of Builders or Devlopers: The approval of any construction or change pursuant to this ordinance shall not constitute a representation, guarantee or warranty of any kind or nature by the City of Fairfax or by any board, commission, agent, officer or employee thereof of the practicability or safety of any structure or other plan proposed and shall create no liability on or cause of action against said City, board, commission, officer, agent or employee for any loss or damage that may result therefrom. (Eff. 11/21/67) 3-5 i 346 Visual Clearance: 3.161 Corner Lots: On any corner lot in any district there shall be no planting, structure, retaining wall , fence, shrubbery or other visual obstruction higher than a height of three (3) feet six (6) inches above the street level , within the imaginary prism formed at said corner by the intersecting right-of-way lines and a line connecting two points each twenty-five (25) feet from their intersection with a height as stated above, measured along said right-of-way lines, as illustrated below. V' • , 0 Figure 1 . mop 3-6 3. 17 Development or land use requiring a site plan - A plan of development or site plan shall be filed by an owner or developer of property and must be approved by the City Planning Director in each of the following instances: a. Any use or development of property located in any zoning district other than R-1 , R-2 and R-3. b. Any use requiring a Special Use Permit in R-1 , R-2, and R-3 zoning districts. (Eff. 12/5/67) c. No site plan approval shall be required for any temporary public use when such use does not exceed thirty (30) days. 3.171 No building permit or Certificate of Occupancy shall be issued until the required site plan of the proposed use or development shall have been approved by the City Planning Director. 3. 172 Procedure: a. The owner or developer shall submit to the Planning Director a site plan prepared and certified by an engineer, architect, or land surveyor, as defined by this ordinance. Seven (7) prints of the site plan at a scale of not less than one (1) inch equals fifty (50) feet, together with all information required by this ordinance shall be submitted. All plans shall be on either 24" x 36" material or suitable for folding to that size. b. Notice required: Prior to consideration by the Planning Director the applicant shall notify in writing five property owners in the immediate vicinity of the site involved, two of whom shall be owners of property adjoining the site, that the site plan has been filed and will be considered by the Planning Director ten (10) days after receipt of the notice. Postal receipts of certified mail attached to a copy of the notice shall be sufficient proof of delivery. c. Objections to the approval of a site plan may be filed with the Planning Director by any interested party and shall be filed in writing within the period prescribed in the notice. d. The Planning Director shall notify the applicant and any objectors of his decision to approve or disapprove the applicant' s site I C plan. An appeal from any final decision of the Planning Director shall be made to the Board of Zoning Appeals pursuant to law. 3.173 Information required: a. Plot and location plan with: 1 . Location and dimensions of building(s) on site showing distance to side lot lines and center lines of adjacent streets. I 3-7 2. Location and dimensions of proposed and existing driveways and curb cuts on site and adjacent properties. 3. Location and general design of proposed and existing sidewalks and open space. 4. Location and dimensions of proposed and existing surface parking and loading areas. 5. Boundary of the entire tract by courses and distances with reference to true meridian and area of the tract. 6. Existing widths of any streets and sidewalks adjoining the tract giving right-of-way and pavement widths. 7. Front, side and rear yard setbacks. 8. Relation of site to roadway median strips with existing and proposed openings in median strips. 9. Proposed elevations at control points such as driveways, ramps, etc. 10. Zoning of the tract. 11 . Present record owner of the tract and contract purchaser, if any. 12. Owner, zoning and present use of all contiguous property. 13. Vicinity map showing location of tract at scale of not less than one (1) inch equals two thousand (2,000) feet. 14. Certified topographic map of parcel at a minimum two (2) foot contour interval , showing existing and proposed contours. 15. Certificate signed by the surveyor or engineer setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chain of title. 16. Provisions for the adequate disposition of natural and storm water in accordance with the duly adopted design criteria and standards of the City, indicating location, sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage b. Vertical cross sectional view with: 1 . Height of proposed building(s) . 2. Number of stories. 3. Height, location and general design of structures proposed above the building height limit. 3-8 4. Location and access to underground parking. 5. Proposed floor grades of each floor, including basements and boiler rooms. c. Typical floor plan with dimensions. d. Plan of each non-typical floor with: 1 . Location and square foot area of any permitted accessory or proposed conditional use as permitted by the ordinance. 2. Access to any accessory personal or convenience service uses. 3. Number and individual area of guess rooms in any hotel or motor hotel use. e. Plan of each floor of parking garage. f. Utility plan with: 1 . Location of all existing underground utilities such as water, sewer, gas, electric and telephone cables, etc. , both within the property, and in adjacent streets. 2. Location of all surface facilities such as sidewalks, curb, gutter, etc. 3. Fencing, walls and screening to be preserved, erected or planted; type, height and location. 4. All proposed changes, additions, or deletions to "1" and "2" above, together with a notation as to any City responsibilities thereto. g. The following data will be supplied in tabular form where applicable: 1 . Area in square feet of parcel . 2. Maximum allowable gross floor area. 3. Proposed gross floor area. 4. Number and type of any dwelling units. 5. Number of parking spaces or square feet of area required by Section 6 - Zoning Ordinance. 6. Number of proposed parking spaces or square feet of area. 3-9 7. Maximum allowable area - personal or convenience service accessory uses. 8. Proposed area - personal or convenience service accessory uses, restaurant, cafe, or soda fountain uses. 9. Maximum allowable coverage. 10. Proposed coverage. 11 . Amount of impervious area in square feet for purpose of calculating storm water runoff. 3. 174 REVIEWS, STANDARDS AND REGULATIONS The Planning Director shall review all site plans which are submitted to him pursuant hereto. He may consult with the Director of Public Works, the Health Director or any other City official . The Planning Director shall consider the site plan in conjunction with the following standards and regulations: a. Compliance with the requirements of the Zoning Ordinance including setbacks, side yards and rear yards, height of buildings, lot area and lot coverage, fencing and screening. b. Location and adequacy of automobile parking as to number of spaces, square footage per space including movement lanes, and total area. c. Adequate provision for traffic circulation and control within the site and providing access to adjoinint property. d. Adequacy of water supply, fire protection and sanitary sewer facilities. e. Compliance with applicable established design criteria, construction standards and specifications for all required public improvements. f. Location of walkways so that pedestrians may walk from store to store or building to building within the site and to adjacent sites. g. Connection wherever possible of all walkways, travel lanes and driveways with related facilities in adjacent properties. h. Screening from adjacent residential property shall conform as nearly as practicable to the standard illustrated in Figure 2. (Eff. 1/2/68) 3-10 TYPICAL SECTION FOR SCREENING 12' I _ 1/3 TOTAL 1/3 TOTAL 1/3 TOTAL y 6' HIGH STOCKADE FENC 6' HIGH EVERGREEN ij WITH SMOOTH TREES 5' ON SIDE TOWARDS CENTERS RESIDENTIAL DISTRICT U 2 1/2' HIGH EVERGREEN J _ �� SHRUBS 5' ON CENTERS Q Q � U Cn ` W CL' — J W :S55r1; I CD I� z J O Q W V) 1• CC —Z • O Z i } � O L M „ CC LU � P W 0 c- 0 � �J Q O 0 V) CC W///'?„__e- ''' i;' \� \ \ \ \\\ \ \ �\�/7 TYPE OF EVERGREEN TREES, SHRUBS AND NURSERY STOCK TO BE APPROVED BY THE CITY HORTICULTURIST TYPICAL PLAN FOR SCREENING RESIDENTIAL DISTRICT PROPERTY LINE S5'1 2 1/2' EVERGREEN SHRUBS 1/3 TOTAL 0 moitne D * * * .‘2341f--- 6 EVERGREEN TREES 1/3 TOTAL 5' 1/3 TOTAL SMOOTH SIDE-6' HIGH STOCKADE FENCE .• • • • • • 0 • • • `- POST SIDE APARTMENT-COMMERCIAL OR INDUSTRIAL DISTRICT Figure 2. 3-11 i . Extension or construction of service roads and access thereto on property bordering a state primary highway, provided the setback requirement shall be no greater if the service road is dedicated than the setback required without the dedication, except that in no event shall the building be erected closer than ten (10) feet from the closest right-of-way line. j . Proof of any easements required in order to develop or use the property as shown on the site plan, clearly defining the purpose intended for each easement. k. Dedication of easements and rights-of-way for streets, service roads and other facilities to be maintained by the City and for the construction and maintenance thereof. 1 . Curb and gutter travel lanes or driveways that provide vehicular travel to and from parking areas of adjacent property. m. Adequate no-parking signs along such travel lanes or driveways. n. Adequate drainage systems for the disposition of storm and natural waters. 3.175 COMPLETION AGREEMENT AND BOND a. Prior to approval of any Site plan, there shall be executed by the owner or developer and submitted with the site plan an agreement in form and substance as approved by the City to construct such required physical improvements located within public rights-of-way or easements or connected to any public facility, together with a surety bond. The bond shall be in the amount of the estimated cost of the required physical improvements as determined by the Director of Public Works. The aforesaid agreement and bond shall be provided to insure completion of all work or improvement therein stated within the time cited in the agreement and determined by the Director of Public Works. The completion time may be extended by the City Manager upon written application by the owner or developer, signed by all parties to the original agreement and to the bond. No extension shall be issued without the express consent of the surety on the bond. The adequacy, conditions and acceptability of any bond hereunder shall be determined by the Bond Committee. In any case where the Bond Committee has rejected any such agreement or bond, the owner or developer may appeal from such decision to the City Council , provided the owner or developer has paid to the City of Fairfax the required filing fee. b. Upon completion of the required improvements for which the City has received a completion agreement and bond, the developer or owner may apply to the Director of Public Works in writing for a Certificate of Completion and Discharge of Bond. If the work is found by the Director to conform to the approved site plan, applicable regulations and City ordinances, he shall issue the Certificate within thirty (30) days of receipt of the application. The Director shall 3-12 within said thirty (30) days notify the applicant and obligors on the bond of any defects or noncompliance which require further work and thereafter he shall not issue the Certificate until the required work has been completed. 3.176 APPROVAL All site plans submitted pursuant hereto and which conform to the requirements and standards contained in this article shall be approved by the Planning Director, 3. 177 INSPECTION AND SUPERVISION DURING INSTALLATION a. Unless otherwise provided in this chapter, the construction standards for all off-site and on-site improvements required by this article shall conform to the City of Fairfax plumbing, building, electrical , fire and health codes, and other applicable laws, ordinances and regulations. The Director of Public Works shall approve the plans and specifications for all required improvements, and shall supervise inspection of the construction of such improvements to assure conformity therewith. b. The developer or owner shall notify the Director of Public Works not less than twenty-four (24) hours prior to undertaking construction of all streets, storm sewer work and other facilities to be publicly maintained. c. The developer or owner shall provide adequate supervision of all work undertaken by him or his subcontractors, and shall have a responsible superintendent or foreman, together with one set of approved plans, profiles and specifications, available at the site at all times while work is being performed. d. The installation of improvements as required in this article shall in no case serve to bind the City to accept such improvements for the maintenance, repair or operation thereof, but such acceptance shall be subject to the existing laws and regulations concerning the acceptance of each type of improvement. e. Upon completion of all off-site improvements and discharge of the performance bond, the owner or developer shall provide a two- year warranty bond with surety equal to 10% of the original completion bond and in a form satisfactory to the City. 3.178 BUILDINGS TO COMPLY WITH SITE PLANS: CERTIFICATES OF OCCUPANCY. a. No permit or Certificate of Occupancy shall be issued for any structure which does not conform to an approved site plan. A temporary Certificate of Occupancy shall be issued for a completed section of a project covered by a single site plan provided the completed section conforms to the approved site plan and applicable laws, ordinances and regulations, and provided further that all improvements, both off-site and on-site, and all utilities and services 3-13 which pertain to the completed section conform to the site plan and have been inspected and approved. A temporary Certificate of Occupancy shall not be valid beyond ninety (90) days from issuance, but may be renewed upon application provided all other work in progress conforms - to the approved site plan and applicable laws, ordinances and regulations. b. A permanent Certificate of Occupancy shall be issued when: 1 . The buildings are found to conform to the approved site plan and all applicable laws, ordinances and regulations. Upon application by an owner or developer, the Director of Public Works shall forthwith cause all necessary inspections to be made and within thirty (30) days of said application, shall issue the Certificate or he shall notify the applicant in writing of the reasons for denial of the Certificate. No application shall be denied except for good cause and for noncompliance with applicable laws, ordinances and regulations. The granting of a Certificate of Occupancy shall not of itself consti- tute release of the completion agreement and surety bond furnished pursuant to Section 3. 177 b hereof; and 2. The owner or developer shall have filed a certified "As Built" site plan. The "As Built" site plan may be a copy of the original approved site plan with an affidavit attached that all construction has been completed in compliance therewith or shall be a plan showing all deviations from the approved site plan with an affidavit attached stating that no deviations exist except those shown. The "As Built" site plan shall be filed and certified by an engineer, architect or land surveyor as defined by this ordinance. 3. 179 FILING FEES The following fees shall be paid upon filing a site plan: Site Plan - Twenty dollars ($20.00) , plus the following where applicable: (a) Forty cents per dwelling unit for each apartment unit. (b) One dollar ($1 .00) per 1 ,000 square feet of gross floor area of all commercial structures. (c) Fifty cents ($0.50) per 1 ,000 square feet of gross floor area of all industrial structures. 3. 180 TIME OF VALIDITY OF APPROVED SITE PLANS. An approved site plan shall become null and void if no significant work is done or development is made on the site within twelve (12) months after approval . The Director of Planning may grant a single one-year extension upon written request of the applicant made at least thirty (30) days before the expiration of the approved site plan. EFFECTIVE 9/7/65 3-14 SECTION 4 Non-Conforming Uses 4,01 INTENT : It is the intent of the section that non-conforming uses are inconsistent with the purpose of this Chapter, that they are recognized and permitted to continue only because they are antecedent to the ordinance, that they be -estricted closely, and that although they may be continued, they shal " not be enlarged or extended, (Eff. 11/15/66) 4,02 No structure, or land in which a non-conforming use is abandoned for a period of two years or is superceded by a permitted use subsequent to the enactment of this ordinance shall again be devoted to such non-conforming use, (Eff. 11/15/66) 4,03 Any non-conforming structure or land which is hereafter damaged to an extent exceeding 60 percent of its then value by fire, explosion, earthquake, flood, storm or act of God may not be restored, reconstructed or used for any purpose other than use or purpose permissible under this ordinance. 4,04 Any building in a non-conforming location which is hereafter damaged to an extent exceeding 75 percent of its then value by fire, explosion, earthquake, flood, storm or act of God may not be restored except in conformity with the building restriction and set back requirements of this ordinance, 4.05 Nothing in this ordinance shall prevent structural alterations which may be required to restore to a safe or lawful condition any part of a building deemed unsafe or unlawful , 06 An enlargement , extension, reconstruction or structural alteration of a non- conforming use in a Commercial -2 zone may be authorized by special use permit issued by the Board of Zoning Appeals , subject to such conditions, bonds , and guarantees as the Board may deem necessary in the public interest, provided that such use is permitted in another commercial zone and, provided further that the use for which an extension or enlargement is sought conforms to the minimum lot requirement in the zone where it is permitted and, after con- struction of the extension or enlargement proposed, the entire structure or structures will meet all other requirements for such a use in the zone where it is permitted including those governing side, rear and front setbacks . (Eff, 1l/15/66) 4:07 Non-conforming Signs: Any sign or sign structure legally existing at the time of enactment of this ordinance. but not in conformity with its provisions, may be continued with the following limitations: Any sign or sign structure which does not conform to this ordinance may not be: a, Changed to another non-conforming use. b. Extended except in conformity with this ordinance, c „ Re-established after discontinuance for six months , or d, Rebuilt after damage exceeding two-thirds of its value immediately prior to damage . No sign found by the Town Manager to a nuisance under the provisions of Section 7 shall be allowed to continue as a non-conforming use and shall be removed immediately , (Eff. 11/15/66) 4-1 SECTION 5 Board of Zoning Appeals 5.01 A Board of Zoning Appeals is hereby established. The membership shall con- sist of five members appointed in pursuance of Section 15-968.8 of the Code of Virginia. (Effective 2/5/64) 5.02 Appeals to the Board may be taken by any person or persons aggrieved, or their agents, or by any employee or official of the City. 5.03 Whenever an appeal is made to the Board the Board shall , within thirty days thereafter, advertise by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of hearing of such appeal . This hearing shall be not less than five days nor more than ten days after final publication of the notice. At least ten days prior to the date of any-such hearing before the Board of Zoning Appeals the property shall be posted by the City and the applicant shall notify at least five adjacent or neighboring property owners by certified mail . (Effective 2/5/64) 5.04 No order of the Board permitting the erecting, alteration, or use of a build- ing shall be valid for a period exceeding twelve months, unless building permit(s) for the erection. of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in accordance, with said permit(s) . In the event said order does not involve the construction of any building the order of the Board permitting the use shall not be valid for a period exceeding six months unless such use is established within six months. 5.05 Upon appeals the Board shall determine the exact location of any zone boundary line where there is a dispute. 5.06 Upon appeals the Board shall interpret the words of the ordinance where there is a dispute as to the meaning. 5.07 The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, determination or refusal made by the Zoning Administrator, Town Manager, Town Engineer or other administrative official acting under this ordinance. 5.08 The Board is hereby empowered to grant special use permits in those cases pro- vided in the zoning schedule when in the judgment of the Board such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not ,:end to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. 5.09 The Board of Zoning Appeals in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to s::eats for both vehicular & pedestrian traffic, taking into consideration future in- crease of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, 5-1 the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. 5. 10 The Board of Zoning Appeals shall have the power, except as otherwise pro- vided, to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the. Town Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Board shall be guided by the standards and considerations as set forth in Paragraph 5.09. 5. 11 Where by reason of exceptional shape or area, exceptional topographic con- ditions, conditions created by a condemnation, or other extraordinary or exceptional situation or condition, wherein the application of this ordinance would result in peculiar and exceptional practical difficulty or hardship upon the owner of such property, the Board shall have the power to grant a variance from this ordinance so as to relieve such difficulties or hardships, provided such relief can be granted without substantially impairing the intent and purpose of this ordinance. 5-2 SECTION 6 OFF-STREET PARKING Off-street parking space shall be provided together with sufficient maneuvering area and access to a public street. Such area shall be deemed to be required open space to associate with the permitted use and may not thereafter be reduced or encroached upon in any manner. The following are established as minimum requirements. 6.01 Dwelling: One parking space for each dwelling. 6.02 Apartment House: One and one-quarter parking space for each living unit. 6.03 Hotels and Tourist Homes: One parking space for each room offered for tourist accommodations. 6.04 Rooming Houses: One parking space for each room offered for rent. 6.05 Stores and other business, trades or services other than industrial : One parking space for each 100 square feet of store floor or merchandising area. 6.06 Theater, auditorium, church, club, community use or any other place of assembly: One parking space for each five seats based on maximum seating capacity. 6.07 Office Building: One parking space for each 250 feet of office floor area. 6.08 Industrial : One parking space for each one and one-half employees to be employed upon the premises. 6.09 Where such space cannot be reasonably provided on the same lot with the principal use, the Board of Zoning Appeals may permit such space to be located on other off-street property. 6. 10 No off-street parking shall be permitted within five feet of any street right-of-way line. 6. 11 Town House: Every dwelling unit shall have provided for it a minimum of two (2) off-street parking spaces. Required parking may be located in parking areas convenient to the unit for which required, or located entirely within the lot area. Parking spaces located within the lot area shall be completely enclosed. Parking in common parking areas shall not exceed thirty (30) vehicles per parking area, provided that there be permitted one parking area of fifty (50) parking spaces for each five acres of gross area in the town house development. Common parking areas shall be no less than fifty (50) feet apart. In common parking areas, no more than ten (10) parking spaces may be grouped without a landscaped divider at least ten (10) feet in width separating such groups, (Eff. 1/4/66) 6. 12 Schools: See Section 14 for parking requirements. (Eff. 12/5/67) 6-1 SECTION 7 SIGNS A. INTENT It is intended by this ordinance to regulate all signs, billboards, and other displays or devices to direct, identify, inform, persuade, advertise or attract attention, herein called "signs", in order to promote the health, safety, morals, and general welfare of the inhabitants and property within the City. This ordinance shall not be used to limit illumination prescribed for safety purposes by the Illuminating Engineers Society. B. EXCLUSION FROM DEFINITION The following signs shall not be subject to regulation hereunder: 1 . Signs or plates on residential structures or premises giving the name or address of the occupant, mail boxes, paper tubes and similar uses customarily associated with residential use. 2. Signs posted upon property relating to private parking or warning the public against trespassing or against danger from animals, 3. Municipal , County, State and Federal signs, including necessary traffic signs. 4. Historical markers, monuments or signs erected by public authority. 5. Official notices or advertisements posted or displayed by or under the direction of any public court official in the performance of his official or directed duties, or by trustees under deeds of trust or other similar instruments. C. REGULATIONS The following regulations shall apply to signs in all districts: 1 . Attached Signs: (a) Sign Placement - Every sign greater than four (4) square feet in area shall be placed flat against the building, projecting no more than twelve (12) inches, except as otherwise permitted. 11/7/67 (b) Sign Height - In no case shall any sign extend more than three (3) feet above the height of the building measured from the actual roof line in the case of a flat roof; from the eaves or the lowest point of the roof in the case of a hip or gable roof; provided that if the building is constructed with parapets, the sign shall be no more than three (3) feet above the parapet, but in no case shall the sign be more than six (6) feet above the actual roof, 2. Free-Standing Signs: (a) In no case shall any free-standing sign exceed a height of twenty (20) feet measured from the nearest curb elevation as established by the City Engineer or the base of the sign, whichever is lower; provided that a sign that is not closer than fifty (50) feet from a street right-of-way line may have a height of forty (40) feet. (b) No sign shall be located within the front fifteen (15) feet of any required setback. 3. Signs Adjacent to Residential Districts: No illuminated sign shall be permitted within one hundred (100) feet of any "R", "M" or "R-T" District. No sign within three hundred (300) feet shall be illuminated between the hours of 12:00 midnight and 6:00 a.m. 4. Sign Illumination: Unless otherwise expressly prohibited, signs may be illuminated, provided that lighting directed toward a sign shall be shielded in such a manner so as to illuminate only the face of the sign. D. SIGNS PERMITTED WITHOUT A PERMIT The following signs are permitted without a permit provided they conform to the regulations of the district in which they are to be located as to size, location and type of construction: 1 . Church signs on church property (not to exceed twenty-four (24) square feet, white lighted) . 2. Signs on interior window glass, regardless of size. 3. Signs advertising for rent, sale or lease of dwellings in "R" and "R-T" zones, limited to a maximum total area of four (4) square feet per dwelling; provided that said sign shall not be illuminated. IWO 4. Traffic signs, not exceeding two (2) square feet in area, indicating entrance or exit. 7-2 11/7/67 5. Any flag, badge, or insignia customarily displayed by any government or governmental agency or by any charitable, civic, fraternal , patriotic, religious or similar organization, and tltr customary temporary lighting and displays as a part of holiday decorations. 6. Signs relating to customary home occupations allowed in Section 2,09, 7. No permit shall be required to change movable lettering on a permitted sign. E. SIGNS PERMITTED WITH A PERMIT The following signs are permitted, subject to the issuance of a permit by the Zoning Administrator; and provided further that the permit number shall be affixed to the sign in a conspicuous place: 1 . "R" and "R-T" Districts: A free-standing sign denoting the name of the subdivision is permitted, provided that the area of the sign and sign structure does not exceed thirty-two (32) square feet and does not create a visual obstruction. The sign may be illuminated by white light only. Signs relating to special uses permitted within "R" Districts are permitted on such properties. 2. "M" Districts: A sign denoting the name of the multi- family project is permitted at each entrance of the project, provided that the area of the sign does not exceed thirty-two (32) square feet, does not create a visual obstruction, and is not located within the public right-of-way. The sign may be illuminated; however, any illumination must be by white light only. 3. "C and I" Districts: The following signs are permitted: (a) Any commercial or industrial use, having at least fifty (50) feet of frontage on a public street, shall be permitted one (1) pylon type sign, the size of which may not exceed one-half (1/2) square foot per lineal foot of frontage occupied by the use, or fifty (50) square feet, whichever is smaller. Any commercial use, having at least two hundred (200) feet of frontage on a public street, shall be permitted two (2) such signs. For the purpose of this paragraph, an entire shopping center shall be considered one commercial use. No more than two (2) pylon type signs shall be permitted for any commercial use. (b) Signs attached to commercial or industrial buildings in commercial or industrial zones, which advertise the said area or products or services sold therein, may have an aggregate area not exceeding two (2) square feet for each lineal foot of building frontage occupied by the use. 7-3 11/7/67 (c) The total aggregate area of all signs permitted shall not exceed three (3) square feet for each lineal foot of building frontage measured to the outside of the exterior walls. In the event that a structure has frontage on two (2) or more streets, the sign area shall be based on the average building frontage. F. TEMPORARY SIGNS The following temporary signs are permitted with a permit in any zone: 1 . Temporary signs denoting or advertising contractors, architects, developers, and real estate agents connected with the construction, or sale, or lease of structures in commercial or industrial zones, and of developments in residential zones, said signs not to exceed a total area of sixty-four (64) square feet, with no single sign having an area of more than thirty-two (32) square feet. Permits for such temporary signs shall be limited to ninety (90) days' duration. A deposit of $25.00 shall be required for each sign, the deposit to be returned when the sign has been removed. 2. Signs advertising the place and date of fairs, carnivals, horse shows and similar events, and signs of political candidates, lk parties or groups supporting the candidacy of any individual for office, or urging public support of or opposition to any public issues to be voted upon; provided such permits shall be limited to thirty (30) days' duration and provided a deposit of $25.00 has been posted with the City to insure the removal of such temporary signs. 3. Temporary banners or signs, advertising special events or holidays to be observed within the City, may be permitted within public rights-of-way for not exceeding thirty (30) days; provided liability insurance protection, deemed adequate by the City, has been furnished; and provided further, a deposit satisfactory to the Zoning Administrator, has been posted to insure the removal of such temporary banners or signs. 4. Temporary signs, advertising the initial openings of business establishments, may be permitted for not exceeding ten (10) days; provided the location of such signs are approved by the Zoning Administrator; and provided further, a deposit of $25.00 has been posted with the City to insure the removal of such temporary signs. 5. Directional signs placed on private property with IMF permission of the owner and not exceeding six (6) square feet in area, directing the public to a subdivision or apartment project. Permits for such signs shall be limited to ninety (90) days and shall require a deposit of $25,00 to insure the prompt removal of such signs. 11/7/67 7-4 G. SIGNS PROHIBITED The following signs are prohibited in the City: 1 . Any sign in a residential zone exceeding an area of thirty-two (32) square feet. 2. Any sign located in any manner of place so as to constitute a hazard to traffic. 3. Any moving sign or device to attract attention, all or any part of which moves by any means, including fluttering, rotating, or otherwise moving devices, or set in motion by movement of the atmosphere including but not limited to pennants, flags, propellers, disc, etc. , whether or not any said device has written message content. 4. Any flashing sign or device displaying flashing or intermittent lights or lights of changing degrees of intensity; except a sign indicating time and/or temperature, with changes alternating on not less than a five-second cycle. 5. Any illuminated tubing or strings of lights outlining property lines or open sales areas, roof lines, doors, windows, or wall edges of any building; provided that perimeter-shielded down lighting may be used to illuminate open sales areas. 6. Any sign that obstructs or substantially interferes with any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building. 7. Any non-shielded illumination of a sign within two hundred (200) feet of an "R", "R-T" or "M" District. 8. Portable signs, including any signs painted on or displayed on vehicles or trailers usually parked in public places and used primarily for the purpose of such display; provided business signs painted on or attached to commercial vehicles shall not be prohibited. 9. Any sign which is a copy or imitation of an official sign, or which purports to have official status. 410 10. All temporary signs and banners, except as specifically permitted in Section 7 Subsection F. 11 . Billboards (except in 1 -2) . 12. In no case shall any sign project into any public right- of-way, except as specifically permitted in Section 7 Subsection F (3) . 11/7/67 7-5 13. No sign shall be located within the front fifteen (15) feet of any setback. 14. Any sign that violates any provision of a law of the Commonwealth of Virginia relating to outdoor advertising. 15. Any other sign not expressly permitted by this ordinance. H. PROCEDURE AND FEES FOR SIGN PERMITS 1 . Application for a permit for a sign, where required by this ordinance, shall be made to the Zoning Administrator of the City, on a form approved by the City Council and accompanied by the proper fee, and shall include pertinent data relating to the design, placement and location of the proposed sign. The Zoning Administrator shall issue a permit for a sign which conforms to the Zoning Ordinance. 2. Any sign which is erected, used, maintained, operated, posted or displayed in violation of Section 7 of the Zoning Ordinance is hereby declared to be a public and private nuisance, and is subject to immediate removal by the Zoning Administrator. The City may collect the cost of such removal , obliteration or abatement from the person concerned. 3. Any sign which becomes a safety hazard, or which is not kept in a good general condition and in a reasonably good state of repair, and is not, after thirty (30) days' written notice to the person concerned, put in a safe and good general condition and in a reasonably good state of repair, is hereby declared to be a public and private nuisance, and may be removed, obliterated or abated by the Zoning Administrator. The City may collect the cost of such removal , oblitera- tion or abatement from the person concerned. 4. The provisions of this Section shall apply to all signs within the City regardless of whether or not a permit for such a sign is required by this ordinance. 5. The following fees shall be paid prior t the issuance of a sign permit: a. $5.00 plus $. 10 a square foot for ea ' sign. b. $5.00 per 100 signs of less than twc c) square feet iii area. I . REMOVAL OF SIGNS 'O Whenever the use of a building or premises bw a specified business or occupation is discontinued for that business or )ccupation for a period of ninety (90) days, signs pertaining to tr. ,f business or occupation shall be removed immediately upon expir,ltion of said 11/7/67 7-6 • ninety-day period. The owner of such premises shall be responsible for the removal of such signs and, after ten (10) days' written notice, if he shall fail to comply with the requirements hereof, the City Manager shall cause the sign or signs in question to be removed and shall charge the cost therefor to the owner of the premises. Introduced: September 26, 1967 Effective: November 7, 1967 'V 11/7/67 7-7 • • S SECTION 8 VIOLATIONS 8.01 Any person violating any provision of this ordinance shall upon conviction, be fined not less than $5.00 nor more than $100.00 for each offense. Each day such violation continues shall constitute a separate offense. 8-1 r I • SECTION 9 VALIDITY OF ORDINANCE 9.01 Should any section, paragraph, sentence, phrase, clause or word of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional such decision shall not affect the validity of this ordinance as a whole or any other part thereof. 9-1 SECTION 10 EFFECTIVE DATE 10.01 This ordinance shall take effect and be in force immediately after adoption, the public welfare demanding it. 10-1 • 0 • SECTION 11 ZONING SCHEDULE R-1 Zone Lot Average: 21 ,780 sq. ft. Area Minimum: 20,000 sq. ft. See Note h. Setbacks: Front Restriction Line 50' See Note a Side 15' See Note e Rear 25' See Note e Minimum Width at BRL: Interior 100' Corner Lots 125' Maximum Height: 3 stories. Off-street Parking: See Section 6. Uses Permissible by Right: Single-family dwellings, accessory buildings, agricultural use provided no animals may be housed within 100 feet of any property line. Uses Requiring a Special Use Permit (see Section 5.08) With site plans as required by Section 3.17 of this ordinance: Churches, governmental use, golf courses, plant nurseries, hospitals for treatment of human beings, nursing homes, electric transformers and substations, telephone repeater stations, club houses and grounds not conducted for gain (including swimming pools) , schools of general instruction and nursery schools complying with the provisions of Section 14 of this ordinance, lodge halls, customary home occupations, kennels. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. 11-1 , fb- • • R-2 Zone Lot Average: 15,000 sq. ft. Area Minimum: 12,500 sq. ft. See Note h. Setbacks: Front Restriction Line 35' See Note b Side 15' See Note e Rear 25' See Note e Minimum Width at BRL: Interior 90' See Note g Corner Lots 115' Maximum Height: 3 stories. Off-street Parking: See Section 6. Uses Permissible by Right: All uses permissible by right in R-1 Zone, customary home occupations. Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3. 17 of this ordinance: Tourist homes and all uses requiring a special use permit in the R-1 zone, except kennels. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. 11-2 f 1 R-3 Zone Lot Average: 10,500 sq. ft. Area Minimum: 9,500 sq. ft. See Note h. Setbacks: Front Restriction Line 25' See Note c Side 12' See Note e Rear 25' See Note e Minimum Width at BRL: Interior 70' See Note g Corner Lots 95' Maximum Height: 3 stories. Off-street Parking: See Section 6. Uses Permissible by Right: All uses permissible by right in R-2 zone, semi-detached houses. Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3.17 of this ordinance: Rooming houses subject to approval of health officer, golf driving ranges, carnivals, circuses and fairs limited to no more than two weeks duration, and all uses requiring a Special Use Permit in R-2 zones. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. 11-3 R-T Zone Lot Minimum: Every town house dwelling shall have a minimum lot area of sixteen hundred (1600) square feet; a town house development shall have an average lot area of one thousand eight hundred (1800) square feet. The density shall not exceed ten (10) town houses per acre. Area Minimum: The development shall consist of a minimum of two (2) acres. Setbacks: Front Restriction Line - No more than two (2) abutting town houses shall have the same front yard setback. Abutting pairs of town houses shall have building line setback variations of at least two (2) feet. Side Restriction Line - Side yard setback for corner lots shall be a minimum of twenty (20) feet. Rear Restriction Line - Every dwelling unit shall have a rear yard depth of no less than twenty (20) feet. Minimum Width at BRL: Every lot shall have a minimum width of eighteen (18) feet. Minimum Building Width: All town houses shall be at least eighteen (18) feet wide, Maximum Height: Building height shall not exceed three (3) stories, measured on any external wall . Any basement which has any wall two (2) feet above ground shall be counted as a story. Floor Area: 1 . The average total usable living space per town house dwelling in the development shall be at least fourteen hundred (1400) square feet, exclusive of utility area, attic and garage. Basement space, not to exceed three hundred (300) square feet, may be counted toward this average in a town house having two other stories. I 11-4 2. Every town house dwelling unit shall have a ground coverage area of not less than six hundred (600) square feet, shall ., contain a minimum gross floor area of six hundred (600) square feet per floor and a minimum of one thousand two hundred (1200) square feet of total gross floor area of usable living space, exclusive of basement, utility area, attic and garage. Off-Street Parking: See Section 6. Lot Development and Visibility Requirements: 1 . No town house shall be constructed so as to provide direct vehicular ingress or egress to a collector street or major thoroughfare. 2. In no case shall the horizontal visual distance measured from eye level from any point along the center line of a newly created right-of-way be greater than three hundred (300) feet where town houses face on said right-of-way for said distance unless natural topography precludes the possibility of man- made "visual blocks". 3. No more than ten (10) town houses shall be attached in a series. Site Plan Approval : A final site plan shall be submitted in accordance with the provisions of Section 3. 17 of the City Zoning Ordinance. Procedure: 1 . With every application for R-T zoning, the applicant shall submit the following: (a) A preliminary site plan showing the general scheme of development, proposed parking areas, walkways, driveways, streets, open space, green areas, planting, recreation and common areas. (b) Preliminary drawings showing floor plans, front and rear elevations and side elevations, where applicable. (c) Evidence of proposed covenants, restrictions and details of maintenance responsibility of common areas and green space, to show that liability for maintenance of such areas shall attach to property owners within the development and that the same may be enforced by liens against the property owners in favor of the City of Fairfas or its assignee. 11-5 2. A plat and deed of subdivision showing individual lots, proposed utilities, streets and other rights-of-way, and all proposed dedications shall be approved by the City Council and recorded among the land records before issuance of a building permit. Uses Permissible by Right: 1 . Detached single-family dwellings as permitted by right in R-3 district. 2. Town houses as defined in Section 2 of this Ordinance. 3. Accessory Building: Accessory buildings are permitted if approved as a part of the site plan. Uses Requiring a Special Use Permit (See Section 5.08) : When shown on the preliminary site plan submitted to the City Council at the time of rezoning to the R-T zone, or when shown on a site plan amended with the approval of the City Council , schools of general instruction and nursery schools complying with Section 14 of this ordinance. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. Adopted January 4, 1966. 11-6 M-1 Zone Lot Average: See Section 3.141 ) ) For Dwelling - Same as R-3 Area Minimum: See Section 3. 141 ) Setbacks: Front Restriction Line ) Side ) See Section 3.142 Rear ) Minimum Width at BRL: Not Applicable Maximum Height: 3 Stories. Off-street Parking: See Section 6.02 Uses Permissible by Right: 1 . All uses permissible by right in R-3 zone, 2. Apartments and Apartment Houses, subject to the approval of a site plan by the Planning Commission, upon consideration of the following factors and standards: the size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and land- scaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3. 17 of this ordinance: All uses requiring a special use permit in R-3 zone. NOTE: All uses permissible by right or requiring a special use permit in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. (Effect. 12/5/67) •Uses Prohibited: All uses not specifically permitted. M-1 Zone created 4/17/64 11- 7 Commercial-1 Zone Lot Average: NR Area Minimum: NR For Dwelling - Setbacks: Front Restriction Line 25' See Notes c & k Side NR See Note f Rear NR See Note f Same as Minimum Width at BRL: NR R-3 Maximum Height: 60' Off-street Parking: See Section 6, Uses Permissible by Right: 1 . Banks, offices for professional , government, or business use, hospitals for the treatment of human beings, nursing homes, churches, and funeral homes. 2. Such ancillary uses as clinics, schools of special instruction complying with Section 14 of this ordinance except that a trade school may be operated only in a district where the practice of the particular trade taught is permitted as a commercial enterprise, pharmacies or medical supply services, barber shops, beauty shops, restaurants, newstands, photographic services, florists, gift shops, optical stores and services, are permissible by right; provided they are located completely within a said professional governmental or business office building, and provided further that such ancillary uses do not occupy more than 20% of the total usable floor space of said office building. 3. All uses permissible by right in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3.17 of this ordinance, telephone exchanges and dial centers and all uses requiring a special use permit in R-3 zones, except nursery schools and schools of general instruction: All uses permitted by right or with a special use permit in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, sidewalks entrances and exits. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. 11-8 a. Commercial-2 Zone 414.11'' Lot Average: NR Area Minimum: NR For Dwelling - Setbacks: Front Restriction Line 25' See Notes c, d, k Side NR See Note f Rear NR See Note f Same as R-3 Minimum Width at BRL: NR Maximum Height: 60' Off-street Parking: See Section 6 Uses Permissible by Right: 1 . All uses permissible by right in C-1 zone. 2. Stores, laundromates, cleaning, pressing and tailor shops, printers, theaters, bowling alleys, billiard parlors, public utility use, excluding property yards, hotels, motels. 3. Automobile sales, (not including exterior storage of junk automobiles) , fuel oil sales having all tanks underground, lumber and building supply sales, electrical , heating, air conditioning, plumbing or painting sales or services, provided all materials, equipment, vehicles or machinery are stored entirely in buildings enclosed on all sides, or within such walls, fences, or planting as may be prescribed by the Planning Commission. 4. Uses indicated as ancillary in C-1 , but without requirements that such uses be 13cated in a professional , government or business office building, and without limitation as to the percent of space in a building So used. (Effect. 12/5/67) (Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3.17 of this ordinance, trailer and mobile home park subject to Section 5.10 and any other applicable ordinances, veterinarians and animal hospitals, open air theaters, pony rings, riding stables, miniature golf *ow courses, and all uses requiring special use permits in C-1 zones. All uses permissible by right or with a special use permit in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, side- walks, entrances and exits. (Effect. 12/5/67) 2 Uses Prohibited: All uses not specifically permitted. 11-9 Commercial-3 Zone Lot Average: Not Applicable Area Minimum: 22,000 sq. ft. See Note j . Setbacks: Front Restriction Line 75 ft. from any public right-of-way line. No gasoline pump or pump island may be within 25 ft. of any public right-of-way. See Note k. Side 25' Rear 25' Minimum Width at BRL: Not applicable. Maximum Height: 60' Off-street Parking: See Section 6. Uses Permissible by Right: 1 . Any use permitted in C-2 zone. 2. Automobile service stations, refreshment stands, garages (not including exterior storage of junk automobiles) , drive-in restaurants or prepared food sales operations which are predominantly carry-out and less than 75% of the food sold is consumed within a permanent building on the premises; drive-in laundry or drive-in dry cleaning establishments; other retail stores or operations which use no permanent building or a building of less than 2,000 square feet on the ground level in a location other than a shopping center of at least 10 different retail or service stores or establishments. Uses Requiring a Special Use Permit (See Section 5.08) All uses requiring a special use permit in C-2 zone. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. C-3 Zone created 4/6/65 11-10 Industrial-1 Zone Lot Average: 3 acres Area Minimum: 3 acres Setbacks: Front Restriction Line 100' See Note k Side 50' Rear 50' Minimum Width at BRL: 200' Maximum Height: 60' Off-street Parking: See Section 6. Uses Permissible by Right: Industrial uses for which satisfactory evidence is presented that such uses will not adversely affect any contiguous district by reason of odor, glare, smoke, vibration, noise, or sight, subject to approval of site plan by Planning Commission and construction of project in accordance with all details of site plan. Schools of special instruction complying with Section 14 of this ordinance except that a trade school may be operated only in a district where the practice of the particular trade taught is permitted as a commercial enterprise. (Effect. 12/5/67) No industrial building in 1 -1 zone may be enlarged or changed in use, no parking area may be moved or enlarged without prior approval of Planning Commission. Not more than 50% of the land area may be occupied by buildings. Uses Requiring a Special Use Permit (See Section 5.08) All uses permissible by right or requiring a special use permit in R-1 , except schools of general instruction and nursery schools. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. 11-11 Industrial-2 Zone Lot Average: NR Area Minimum: NR Setbacks: Front Restriction Line 25' See Notes c & K Side NR See Note i Rear NR See Note i Minimum Width at BRL: NR Maximum Height: 60' Off-street Parking: See Section 6. Uses Permissible by Right: Warehouses, laundries, property yards, wholesale houses, fuel oil sales, bulk petroleum storage, bottling plants, bakeries, lumber yards, and monument works, other manufacturing and industrial uses for which satisfactory evidence is presented that such uses will not adversely affect any contiguous district by reason of smoke, dust or hazard of explosion, subject to approval of site plan by Planning Commission. All uses permissible in C-1 and C-2 zones except as herein prohibited. All uses subject to installation of curbs, gutters, storm drainage structures, entrances and exits and approval thereof by City Engineer. Uses Requiring a Special Use Permit (See Section 5.08) All uses permissible by right or requiring a special use permit in C-2 zones. (Effect. 12/5/67) Uses Prohibited: Automobile graveyards, junk yards, manufacture or refining of ammonia, chlorine, brick, cement, gypsum, lime, coke, creosote, dye, explosives, fertilizer, gas, glue, rubber or acid, blast furnaces, rolling mills, fat, grease, lard or tallow manufacture, flour mill , lumber mill , petroleum refinery, curing of hides or skins, rendering plant, and other uses offensive by reason of smoke, dust or hazard of explosion. Dwellings except on appeal . 11 - 12 KEY: a or 75 ft. from center line of street narrower than 50 ft. b or 60 ft. from center line of street narrower than 50 ft. c or 50 ft. from center line of street narrower than 50 ft. d in C-2 Zone, no building need be set back more than the average setbacks of the buildings within 100' on either side. e detached accessory building or structure may have a minimum setback of 5 ft. from the side and rear property lines, provided that said detached structure is at least 7 feet away from any adjoining structure. f except where contiguous to residential property where 25 foot setback required. g or 20% of lots in recorded subdivision may be 5 ft. narrower than minimum. h one single family dwelling and accessory buildings may be erected on any lot of record prior to the adoption of this ordinance which contains at least 7,500 sq. ft. of area. Side setback on such lots may be reduced to not less than 12 ft. i except where contiguous to residential property where 50' setback required. 1 22,000 sq. ft. minimum for gasoline service stations. k within the building restriction areas in commercial and industrial zones or within 25 ft. from the right-of-way line of properties within said zones, whichever is less, no fence, wall , structure, automobile parking area, unloading area or other impervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the City Planner. (Effect. 1/2/68) 11-13 SECTION 12 L PERFORMANCE STANDARDS :N CERTAiN ZONES- 12.01 No use shall be established or conducted in any Commercial-2, Industrial-1 or Industrial-2 zone in any manner in violation of this section. This section shall be in addition to the requirements of Section 11 of this ordinance and shall not in any way modify or lessen said requirements nor be read so as to permit any uses not permitted therein . 12.02 Sound The sound-pressure level of sound radiated from an establishment, measured - .at the lot line of the site thereof that is the nearest thereto, shall not exceed the values in any octave band of frequency that are specified in Table I below, or in Table I as modified by the correction factors set fortl- in Table II below. The sound-pressure level shall be measured with a sound level meter and an associated octave band analyzer conforming to standards prescribed by the American Standards Association. Tab�le. I Maximum Permissible- Sound Pressure Levels Measured re 0.0002 dyne per CM2 Frequency Band: Cycles per Second Decibels 20-75 74. 75- 150 62 150-300 57 300-600 5 600- 1200 47 1200-2400 42 2400-4800 38 4800- 10,000 35 . Table II - Correction Factors Condition Correction in Decibels .. On a site contiguous to- or across a street from the boundary of any R district es- tablished by. this Zoning Ordinance Minus 5 operation between the hours .of 10: 00 p.m. and 7: 00 a.m. Minus 5 Sound of impulsive character (e.g. , hammering) Minus 5 12-1 Table ! I (cont.) Condition Correction in Decibels Sound of periodic character (e.g.-, hum or screech) Minus 5 Sound source operated less than - 20% in any one hour period Plus 5* 5% in any one hour period Plus 10* 1% in any one hour period Plus 15-, *Apply only one of these corrections. All other corrections (including any one of the footnoted corrections) are cumulative. • 12.03 Vibration No vibration at any time shall produce an acceleration of more than 0. 1g or - shall result in any combination of amplitudes and frequencies on any struc- ture beyond the "safe" range of Table 7, United States Bureau of Mines No. 442, entitled "Seismic Effects of Quarry Blasting". The methods and equations of said. Bulletin No. 442 shall be used to compute all values for the enforcement of this section. 12.04 Smoke There shall be no emission into the atmosphere, from any operation, of visi- ble gray smoke of a shade darker than No. 2 on the Ringlemann Smoke Chart as published by the United States, Bureau of Mines„ except that visible gray smoke of a -shade not darker than No. 3 on such chart may be emitted for not more than four minutes in any period of thirty minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of any other color, but with an equivalent apparent opacity. 12.b5 Other Air Pollutants There shall be no emission of fly ash, dust, dirt, fumes, vapors or gases into the atmosphere from any operation to any extent that could cause any damage to the public health, to animals or vegetation, or to other -forms of property, or which could cause any excessive soiling at any point. In no event shall there be any such emission -of solid -or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air, nor of acid gases in excess of 0.2% by volume. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to stack temperatures of five hundred de- grees Fahrenheit and fifty per cent excess air. 12.06 Odor There shall be no emission of odorous gas or any other odorous material in such 12-3 , quantity as to be offensive beyond the boundaries of the site of such emission. 12.07 Radioactivity , There shall be no radioactive emission that would be dangerous to health. 12.08 Electrical Interference There shall be no electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. 12.09 Liquid or Solid Wastes There shall be no discharge of any liquid or solid wastes Into any stream, except as authorized by a public agency. 12. 10 Glare and Heat There shall be no direct or reflected glare, whether from flood lights or from high-temperature processes (for example, combustion or welding) so as to be visible from within any Residential zone. There shall be no discharge of heat or heated air from any source so as to be detectable beyond the lot line. 12-3 0 • SECTION 13 OLD AND HISTORIC FAIRFAX DISTRICTS 13.01 There are hereby created in the City of Fairfax, Virginia, districts to be known as "Old and Historic Fairfax Districts", the first of which shall begin at a point N 16° 15' E, 150' and N 73°45'W, 150.00' from the Northwest corner of the intersection of North Street and West Street. Thence along the following courses: S 75°45' E 1490.00 ft. ; S 16° 15 'W 1292.00 ft. ; N 73°45' W 1110.00 ft. ; N 16° 15' E 628.00 ft. ; N 73°45' W 380.00 ft. ; N 16° 15' E 664,00 ft. ; to a point of beginning, and being more generally described as the original Town of Providence, as resurveyed and rededicated in Liber 0-3, Page 208 in the land records of Fairfax County, Virginia, together with a 150' wide border around said Town (more or less, to conform with existing property lines) . It shall be within the province and power of the City Council to enlarge said first such district in such manner as it shall see fit or to create additional such districts within the City corporate limits at such time as the Council deems such action to be in the public interest by promoting the general welfare of the community through the preservation of old and historic places, or areas of historic interest in the City. 13.02 In order to promote the general welfare through the preservation and protection of historic places and areas of historic interest in the City, no building or structure shall hereafter be erected, reconstructed, altered or restored, within said Old and Historic Fairfax District, unless and until an application for a certificate of appropriateness shall have been approved by the Board of Architectural Review herein- after created, as to exterior architectural features including signs, which are subject to public view from a public street, way or place. Evidence of such required approval shall be a certificate of appropriateness issued by the Board of Architectural Review hereinafter created. 13.03 In order to promote the general welfare through the preservation and protection of historic places and areas of historic interest in the City, no building which existed within the Old and Historic Fairfax ihp District in 1900 or prior thereto, except as provided in Section 13. 13 of this article, shall be razed without first obtaining a permit approved by the Board of Architectural Review or the City Council on appeal , and such Board and Council shall be empowered to refuse such permit for any structure of such architectural or historic interest, the removal of which in the opinion of the Board of the City Council would be detrimental to the public interest of this City. 13-1 13.04 Applications, or re-applications as hereinafter provided, for such certificates of appropriateness or permit shall be made to the City Planning Director of the City of Fairfax, Virginia, together with tender of a $50.00 fee therefor. 13.05 For the purpose of making effective the provisions of this article, there is hereby created a Board to be known as the Board of Architectural Review, to be composed of seven members who shall be appointed by the Council . One appointee may be a member of the Council . At least one appointee shall be an architect licensed in Virginia and one member shall be appointed from among the membership of the Planning Commission, Term of office of all members shall be coincidental with that of City Council and the re-appointment of any member for an additional term or terms shall be by affirmative action of the Council only. The term of the Planning Commission member shall be further limited by his term on the Commission. Any appointed member of the Board may be removed from office without cause by a two-thirds vote of the elected members of Council . Any appointment to fill a vacancy shall be only for the unexpired portion of the term, (Effective 8/1/67) 13.06 The Board of Architectural Review shall elect its Chairman from its appointed membership and the City Planning Director shall be its "" Secretary, 13.07 The Chairman shall conduct the meetings of the Board, The Secretary shall be responsible for keeping the minutes of the meetings and a permanent record of all resolutions, motions, transactions, and deter- minations, which minutes and records shall be kept available and open to public inspection. All members of the Board shall be entitled to vote and the decisions of the Board shall be determined by a majority of the membership. A quorum of four members present is required before the Board may take any official action. The Board shall meet within twenty-one days after notification by the City Planning Director of an application for a certificate of appropriateness or permit requiring action by the Board. The meetings of the Board shall be open to the public, and a public hearing shall be held by it on all applications coming before it, The Board shall vote and announce its decision on any matter properly before it not later than fourteen days after the conclusion of the public hearing on the matter, unless the time is extended by mutual agreement between the Board and the applicant, The Board shall not reconsider any decision made by it, except in cases where an applicant appears within ninety days with his application 3 amended as hereinafter provided. The Board shall not hear the subject matter of any application which has been denied for a period of one year, except in cases where an applicant appears within ninety days with his application amended as hereinafter provided. In case of disapproval of the erection, reconstruction, alteration or restoration of a building or structure, the Board shall briefly state its reasons therefor in writing, and it may make recommendations 13-2 to the applicant with respect to the appropriateness of design, arrangement, texture, material , color, location, and the like of the building or structure involved. In case of disapproval accompanied by recommendations, the applicant may again be heard before the Board if within ninety days he comes before the Board with his application so amended that it will comply with all of the recommendations of the Board. In case of disapproval of the razing of a building which existed within the Old and Historic Fairfax District in 1900 or prior thereto, the Board shall state its reasons therefor in writing in some detail . If there be an appeal , the Board shall forthwith forward its reasons to the Council . In matters covering the procedure for meetings not covered by this article, the Board may establish its own rules, provided they are not contrary to the spirit of this article, 13.08 No application for a permit to raze a building which existed in the Old and Historic Fairfax District in the year 1900 or prior thereto shall be considered by the Board unless and until the Secretary to the Board has caused to be prepared an advertisement stating the time, date, and place of the proposed hearing before the Board, the location of the property involved and the nature of the application; and further has caused such advertisements to be published once a week for two successive weeks in some newspaper published or having general circu- lation within the City, the last publication appearing not less than five days nor more than ten days before the published hearing, 13.09 The Board shall not consider interior arrangement or features not subject to any public view and shall not make any requirement except for the purpose of preventing development obviously incongruous to the old and historic aspect of the area, The Board shall consider the following in passing upon the appropriateness of architectural features: a. Exterior architectural features, including all signs, which are subject to public view from a public street, way or place. b. General design and arrangement. c. Texture, material , and color. d. The relation of the factors in a, b, and c above to similar features of buildings and structures in the immediate surroundings. e. The extent to which the building or structure would be harmonious with or obviously incongruous to the old and historic aspect of the district. 13-3 • f. The extent to which the building or structure will preserve or protect historic places and areas of historic interest rr in the City. g. The extent to which the building or structure will promote the general welfare of the City and all citizens by the preservation and protection of historic places and areas of historic interest in the City. h. The extent to which said preservation and protection will promote the general welfare by maintaining and increasing real estate values, generating business, creating new posi- tions, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, 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, and making the City a more attractive and desirable place in which to live. 13. 10 The Board or the Council , on appeal , shall grant the owner of any building which existed within the Old and Historic Fairfax District in the year 1900 or prior thereto, a permit to raze the said building unless: a. The Building is of such architectural or historical interest that its removal would be to the detriment of the public interest; and b. 1 . The building is of such interest that it can be made into a historic shrine; or 2. The building 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 building would help preserve and protect a historic place or area of historic interest in the City; or 4. Retention of the building would protect the general welfare by maintaining and increasing real estate values, generating business, creating new positions, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, 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. 13-4 13. 11 Immediately upon approval by the Board of any erection, reconstruction, alteration or restoration, a certificate of appropriateness signed by the Secretary of the Board and bearing the date of issuance shall be made available to the applicant. Immediately upon approval by the Board of any application to raze a building which existed in the year 1900 or prior thereto, a permit to raze a building existing on or before the year of 1900 signed by the Secretary of the Board and bearing the date of issuance, shall be made available to the applicant. In some instances where the City Council on appeal approves the razing of such a building, a permit to raze a building which existed in the year 1900 or prior thereto, bearing the date of issuance, shall forthwith be signed by the Mayor and made available to the applicant. 13012 Whenever the Board shall disapprove an application for a permit to raze such a building existing on or before the year 1900, the applicant shall have the right to appeal to and be heard before the City Council of the City of Fairfax, Virginia, provided he files with the Clerk of the City Council on or before fourteen (14) days after the decision of the Board, a notice in writing of his intention to appeal . Upon receipt of such notice, the Clerk of the City Council shall forthwith notify the City Manager who shall schedule a public hearing before the City Council at a time not less than thirty (30) days after the receipt by the Clerk of such notice, but no such hearing shall be had unless and until the City Manager has caused to be prepared an advertisement stating the time, date, and place of the proposed hearing before the Council , the location of the property involved, and the nature of the hearing; and further has caused such advertisement to be published at least once a week for two successive weeks in some newspaper published or having general circulation within the City. On any appeal , the City Council shall conduct a public hearing on the matter, before rendering any decision, which decision shall be final . 13. 13 Nothing in this article shall be construed to be in conflict with any ordinance which permits the razing of unsafe structures. 13014 If any person shall tender a fee to the City in the sum of $50,00 to cover costs in connection with notice, the City Manager shall cause to be mailed to each such person for a period of one year notice of the respective public hearings on all matters concerning the Old and Historic Fairfax Districts, which notice shall be mailed at least five (5) days before a hearing and shall state the time, date, place, and nature of the proposed hearing and location of the property involved. Section 13 effective 11/18/64, 13-5 ________ r - - ---- - ----- t ; . . - • i 0 ; \61 • .--- •! ----- -, -1 • i ------- - - ■ ....1 ------- I --I. \t•-.) , \.----- . _ - , \• 60 P. 1- AA \e,bP' \(36Pk) ___------ : . . , • , I. 1 \64 ___---- \ ) f • 0 _•_•■•ILl II In•IIII■1 •MINIM• II _MNIM• • irr , 1 . .„,; 1--• , 162. f.' '.1) H7 : • ' _ .1 lorth I St. N or t h ..__4t________r__--- • • --- - . . ' 92 i . I 115,116 • 81,4 I, 83 104 ti 106 107 I . 1081 _ 111 , .1 -_ 114 u) a v) . I 78 1 79 80 , . 1 '-- 110 Nowe 1 , 112 ' . 84 iO3 1°1. 81,y998 97— , 95 1091 113 1 a . 1 •mom!Email= 7Th 1/. r ii ; , . NB , - 1 1 / , r , ---- . - I 4 , , / , 76 ' / , , , ,, 91 w al 0, 93 94 127 126 N 124 • I ; t // /// w -----. 0 bi ll' : ' // . / 89 88 . • . 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I c , • ,/ii./ 'i / 4/4 ....------ ,A 1 ' , • ' ./ , : 12 SECTION 14 SCHOOLS 14.01 INTENT: Nursery schools, schools of general instruction, and schools of special instruction, as defined in Section 2 of this ordinance, whether public, private, parochial , or cooperative, are regulated by this section to protect health and safety, to protect neighboring uses from nuisances occasioned by traffic, number of children present, noise, or type of physical activity, and to provide for adequate off-street parking. No provision of this section shall be construed to conflict with any school requirements established by the Commonwealth of Virginia. 14.02 SCREENING REQUIREMENTS: Privacy screening at least 6 feet tall may be required along play area or parking areas abutting a residential lot. Such screening may be vegetative if it meets the height requirement. Play area may be required to be fenced for the safety of the children attending. These requirements shall not be construed to permit fences or walls which may be prohibited by other sections of this of d i nance. 14.03 OFF-STREET PARKING REQUIREMENTS: 14.03.01 In R-1 , R-2 and R-3 zones, no more than two parking spaces shall be provided in the front yard. 14.03.02 No parking areas which consist of three or more parking spaces shall be located in any required setback area or within a distance of 25 feet from any property line in R-1 , R-2 or R-3 zones, or for any school of general instruction. 14.03.03 For nursery schools, or other schools where students are under driving age. Off-street parking areas shall be provided for all parking required for staff and buses, and all loading and unloading. Staff parking shall be provided at the rate of one parking space for each of the maximum number of staff members and employees who will be present at any one time, including shift or session overlap. 14.03.04 For schools of general instruction at the high school level : One off-street parking space for every 10 students of design capacity. 14-1 14.03.05 For schools of special instruction and for schools of IMO general instruction above the high school level : Off-street parking shall be provided at the rate of one space per every 100 square feet of gross floor space, or one space for every two students and staff, whichever is greater. 14.03. 06 All schools using buses shall provide adequate areas for off-street loading and unloading. In the R-1 , R-2 and R-3 zones, one "mini-bus" may be parked as a family passenger vehicle might be parked; parking for any other type of bus or for additional mini-buses shall be provided in the rear yard. 14.04 INDOOR AND OUTDOOR PLAY AREA REQUIREMENTS FOR NURSERY SCHOOLS: 14. 04.01 The design capacity of a nursery school shall be determined by the "available outdoor play area" or the "available indoor play area," whichever is more restrictive. At least 100 square feet of "available outdoor play area," and at least 25 square feet of "available indoor play area" shall be required per child registered per session. The "available outdoor play area" shall be the area located within the building restriction lines exclusive of area covered by buildings , driveways, and parking and loading space. The outdoor play area shall be completely enclosed with a fence at least 4 feet high and shall lie within the building restriction lines. The "available indoor play area" shall consist of the total floor area of rooms used for classes or playing, exclusive of halls, closets , toilet rooms, coat and storage rooms, kitchen, office, sick-child isolation room and living quarters of any staff who live-on the. premises. 14.05 ADDITIONAL PROVISIONS FOR SCHOOLS IN MULTI-FAMILY RESIDENTIAL ZONES: 14.05.01 In the R-T and M-1 zones, a school may not be located in one or more of the units designed and built to rent or sell as dwelling units, it being the intent of this pro- vision that building space used as a school be specifically designed and built for that purpose. A school shall not be located directly above or below any dwelling unit, and shall not share a party wall with any dwelling unit. 14-2 A school shall have direct access to the out-of-doors, which access shall not be through any hall , foyer, or vestibule serving as entrance or exit for any purpose other than the school entrance and exit. More than one exit may be required for emergency use. Play areas shall be completely fenced and not accessible to children not in attendance. Introduced: November 7, 1967 Adopted: December 5, 1967 14-3 • • ii ORDINANCE NO. 1968-1 AN ORDINANCE TO PROVIDE FOR THE AMENDMENT OF SECTION 3. 174 OF T HE ZONING ORDINANCE PRESCRIBING SCREENING USREQUIREMENTS INDUSTRIAL ANDi COMMERCIAL, IND MULTI-FAMILY ZONES FROM RESIDENTIAL ZONES BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, as follows: • Amend Section 3 . 174 by deleting the following: h. Screening, fences, wall, curb .and gutters required by an applicable City Ordinance and adding the following: h. Screening from adjacent residential property shall conform as nearly as practicable to the standard illustrated in Figure 2. INTRODUCED: November 7, 1967 ADOPTED: January 2, 1968. Mayor Attest: Cit, Clerk Now \' :I' . : :TYPICAL SECTION FOR SCREENING 121 1/3 OT TAL 1/3 TA TOL � 1� 1/3 TOTAL 6' HIGH EVERGREEN �... o' HIGH STOCKADE FENCE TREES 5' ON -_ WiTH SMOOTH t //,-- CENTERS 'i1 1 SIDE TOWARDS . p, /o I RES I DENT I AL s 1. ]*..., -----b .� I DISTRICT 2 1/2' HIGH EVERGREEN � i 1 SHRUBS 5' ON CENTERS J • it r O I Z c J < - J O ' i LL g I `mot A �/ C�`. w `' S 1 Vrli /� �U G CG W / . ,. 'Ir, ///< / //- \ ///<\ / ' /;/N ii7\\ N\ TYPE OF EVERGREEN TREES, SHRUBS AND NURSERY STOCK TO BE APPROVED BY THE CITY HORTICULTURIST TYPICAL PLAN FOR SCREENING RESIDENTIAL DISTR pROPERTY_LINE 1I, ICT -- 1/3 TOTAL 5 2 1/2' EVERGREEN SHRUBS c2 s Z AA 1/3 TOTAL F:i * z. ,. . 1•.,.:> 42J/ 1, 6 EVERGREEN TREES* i' &4 : •t 1/3 TOTAL 5' _ _ SMOOTH SIDE-6' HIGH STOCKADE FENCE---��, „�,,,, POST SIDE APARTMENT-COMMERCIAL OR INDUSTRIAL DISTRICT Figure 2. • • ORDINANCE NO. 1968-2 ' AN ORDINANCE TO PROVIDE FOR THE AMENDMENT OF SECTION 3 OF THE 16 PRESCRIBING VISUAL DD A NEW SUBSECTION CLEARANCE REQUIREMENTS AT STREET INTERSECTIONS BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, as follows: Amend Section 3 of the Zoning Ordinance of the City of Fairfax by adding the following: 3 . 16 Visual Clearance 3 . 16 . 1 Corner Lots: On any corner lot in any district there shall be no planting, structure, retaining wall, fence, shrubbery or other visual obstruction higher than a height fence, above the street level, within of three (3) feet six (6) the imaginary prism formed at said corner by the intersecting ri ht-of-way lines and a line connecting two points each twenty- g five (25) feet from their intersection with a height as stated ht-of-way lines, as illustrated below. above, measured along said r ig b -gi M 2 s�O n ® J Figure 1. INTRODUCED: November 7 , 1967 ADOPTED: January 2, 1968. 411i Mayor Attest: 9.ty lerk • ORDINANCE NO. 1968-3 ' AN ORDINANCE TO PROVIDE HE FOR THE AMEND- MENT TO SECTION 11 OF IN ORDINANCE PRESCRIBING AREASIINMCO�ER- BUILDING RESTRICTION CIAL AND INDUSTRIAL ZONES. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, as follows : Amend Section 11 by adding the following: K:K Within the building restriction areas in commer Note . -1 zones or within twenty-five feet from the right- of-way line of properties within said zones, 11 structure, automobile parking area, unloading area or fence, wa � driveways impervious area except permitted signs, sidewalks, other P merchandise in ress and egress shall be permitted nor shall any for g be displayed. Such building restriction areas shall be landscaped to a plan approVed by the City Planner. Introduced: December 19, 1967,. Adopted: January 2, 1968. -7)(Aj'.- /-1/14-11 Mayor Attest: , W r ty Clerk e ZONING ORDINANCE Town of Fairfax, Virginia SECTION 1 Be it ordained by the Town of Fairfax, Commonwealth of Virginia, as follows: The Town of Fairfax is hereby divided into zones as shown on the zoning schedule hereto attached and the zoning maps filed in the office of the Town Manager. The zoning map and schedule and all the explanatory matter thereon are hereby made a part of this ordinance. This ordinance shall be effective as of December 7, 1960, Wherever reference is made herein to the Town of Fairfax, the City of Fairfax is implied. '°" 1 -1 r INDEX Subject Section BOARD OF ZONING APPEALS 5 DEFINITIONS 2 EFFECTIVE DATE 10 GENERAL REGULATIONS 3 Apartments 3.14 Porches and Carports 3.09 Certificate of Occupancy 3.06 Enforcement of Ordinance 3.04 Fees 3.11 Fences 3.10 Flood Plain 3.15 Location Plat 3.05 Rezoning Procedures 3.13 Screening Requirements 3.174(h) Site Plan Requirements 3.17 Spires and Towers 3.07 Visual Clearance 3.16 NON-CONFORMING USES 4 OLD AND HISTORIC FAIRFAX DISTRICT 13 PARKING - Off Street 6 PERFORMANCE STANDARDS 12 SCHOOLS 14 SIGNS 7 SPECIAL USE PERMIT PROCEDURES 5 TITLE OF ORDINANCE 1 VALIDITY 9 VARIANCE PROCEDURES 5 • do • INDEX Subject Section ZONING SCHEDULE 11 R-1 Zone Residential R-2 " Residential R-3 " Residential R-T " Town Houses M-1 " Apartments C-1 " Commercial C-2 " Commercial C-3 " Commercial I-1 " Industrial 1-2 " Industrial 11 KEY 0 • • SECTION 2 DEFINITIONS GENERAL: Words used in the present tense include the future. Words in singular number include the plural number and words in the plural number include the singular number. The word "shall" is mandatory. The word "structure" includes the word "building". Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line in relation to which distance is specified. The word "used" shall be deemed to include designed or intended to be used. The term "Town" shall mean the Town of Fairfax. The term "Board of Zoning Appeals shall mean the Board of Zoning Appeals of the Town of Fairfax. The term "building inspector" shall mean the building inspector of the Town of Fairfax. ACCESSORY BUILDING: A subordinate building on the same lot with the main building, the use of which is incidental to that of the main building. Example: garage or tool shed. APARTMENT HOUSE: A building used as a residence for three or more families living independently of each other. APPLICABLE LAWS, ORDINANCES AND REGULATIONS: The statutes of the Commonwealth of Virginia, the ordinances of the City of Fairfax and the fire, health, building, electrical and plumbing codes adopted pursuant to said ordinances. (Eff. 9/7/65) ARCHITECT: An individual who is certified by the State of Virginia and who is registered with the Virginia Department of Professional and Occupational Registration as a Professional Architect. (Eff. 9/7/65) AS BUILT SITE PLAN: A certified site plan showing location of buildings and all on-site and off-site improvements as actually constructed, (Eff. 9/7/65) BILLBOARDS OR POSTER PANEL: Any sign or advertisement used as an outdoor display for the purpose of making anything known, where the subject matter of the sign is not available on the premises. (Eff. 11/7/67) BOND COMMITTEE: A committee composed of the City Manager, the Director of Public Works and the City Attorney, any two of whom may act. (Eff. 9/7/65) BUILDING: A structure projecting above the level of the ground intended for the shelter, support or enclosure of persons, animals or chattels. When a structure is completely separated into two or more portions by divisional walls from the foundation up without any normal access openings each such portion of the building shall be deemed a separate building. 2-1 BUILDING RESTRICTION LINE: A line parallel to an abutting street beyond which no structure or appurtenance shall extend. CARPORT: Any space outside a building and contiguous thereto, wholly or partly covered by a roof, and used for the shelter of motor vehicles. An unenclosed carport is a carport with no side enclosure (other than the side of the building to which the carport is contiguous) that is more than 24 inches in height, exclusive of screens. COLLECTOR STREET: A street which connects one or more local streets to a major thoroughfare. (Eff. 1/4/66) COMMUNITY USE: Country clubs, cultural centers, swimming pools, club houses and similar uses for use only by members thereof and not for gain. CORNER LOT: A lot bordering on two streets which intersect at an angle not greater than 135 degrees. (Eff. 1/4/66) CUSTOMARY HOME OCCUPATION: The office, studio or occupational room of a physician, surgeon, dentist, architect, musician, instructor in music or art, engineer, surveyor, lawyer, real estate broker, dressmaker, insurance broker• or similar person when such use is (a) conducted entirely within a dwelling which is the bona fide residence of the principal practitioner, and (b) no other persons are engaged in the occupation on the premises except not to exceed two employees of the principal practitioner, and (c) there is no display of goods, tools, equipment, commercial vehicle or advertising other than an unilluminated sign not exceeding one square foot in area. The term shall exclude any funeral home, kennel , veterinary office, animal hospital , nursery school , and any establishment in which goods are offered for sale. (Eff. 12/5/67) DEVELOPER: The investor or contract purchaser who promotes a building project. (Eff. 9/7/65) DRIVEWAY: That space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street. (Eff. 9/7/65) DWELLING: A building constructed to accommodate one family. The term shall exclude apartments, semi-detached houses, hotels, tourist homes, trailers and mobile homes. ENGINEER: An individual who is certified by the State of Virginia and who is registered with the Virginia Department of Professional and Occupational Registration as a Professional Engineer. (Eff. 9/7/65) FAMILY : One person or a group of persons related by blood or marriage, plus not exceeding three additional unrelated persons. FLOOD PLAIN: Any land area along a natural drainage way which is subject to continuous or period inundation or flooding as delineated and shown on an official map dated July 19, 1965 on file in the office of the Director of Public Works, which map is made a part of this ordinance by reference. (Eff. 11/21/67) 2-2 HEIGHT: Height shall be measured (on the side of the building nearest the street) from the average ground level to the level of the highest point of the roof in the case of a flat roof and to the point one-half the distance between the eaves and the highest point of the roof in the case of a pitched roof. HOTEL: A building containing sleeping rooms for rental or hire to transients and travelers. The term shall also include motels, motor lodges and tourist cabins, and rooming houses having accommodations for more than eight persons. KENNEL: Any place in or at which dogs are kept under any or more of the following conditions: (a) more than four dogs more than four months of age, or (b) any number of dogs that are kept for the purpose of sale or in connection with the boarding, care or breeding, for which any fee is charged. (Eff, 2/5/64) LAND SURVEYOR: An individual who is certified by the State of Virginia and who is registered with the Virginia Department of Professional and Occupational Registration as a Certified Land Surveyor. (Eff. 9/7/65) LOCAL STREET: A street whose principal purpose is to provide vehicular and pedestrian access to the abutting property which terminates in a loop or cul-de-sac or carries no substantial through traffic. LOT: A separate piece or parcel of land having frontage on a street or having access to a street by right-of-way or easement, and whose area is sufficient to furnish the minimum area required for compliance with this ordinance. MAJOR THOROUGHFARE: A street of four lanes or more. (Eff. 1/4/66) NON-CONFORMING BUILDING OR USE: A building or use lawfully existing at the time of the adoption of this ordinance, or any amendment to this ordinance, which does not conform to the building or use regulations of the district in which it is located. NON-CONFORMING LOCATION: A building lawfully existing at the time of adoption of this ordinance, or any amendment to this ordinance, which does not conform to the building restriction line or setback requirement of this ordinance or any amendment to it. NURSERY SCHOOL: Any place, however designated, operated for the purpose of providing training, guidance, education or care for four or more children, none of whom is over six years of age, separated from their parents or guardians during any part of the day other than from 6:00 p.m. to 6:00 a.m. , including kindergartens, day nurseries and day care centers. (Eff. 12/5/67) A nursery school shall not be deemed a customary home occupation. OFF-SITE: Any area which does not fall within the boundary of the land to be developed. (Eff. 9/7/65) 2-3 OFF-STREET PARKING SPACE: Space available on private property and usable for the parking of one motor vehicle having an area of at least 180 square feet per motor vehicle plus sufficient maneuvering area to give access to a street. ON-SITE: That area which is within the boundary of any land to be developed. (Eff. 9/7/65) OWNER: Party or parties having title to the described property. (EFF.9/7/65) PERSON: Any person, firm, partnership, association, corporation or other legal entity. PORCH: A projection from an outside wall of a dwelling covered by a roof and/or sidewalls (other than the sides of the building to which the porch is attached) not more than two feet in height. A porch -which projects beyond a setback or building restriction line may be screened but may not be enclosed with glass, jalousies, canvas, plastic or any solid material to a height exceeding two feet. PYLON-TYPE SIGN: A self-standing sign on a pole, poles or tower, not attached to a building. REVISED SITE PLAN: A site plan showing any proposed changes or revisions to an existing, previously approved site plan. (Eff, 9/7/65) ROOMING HOUSE: Any dwelling containing, in addition to living space for the operator and family, sleeping accommodations for not more than eight non-transient persons, and further the term shall include fraternity and sorority houses without limitation as to the number of sleeping accommo- dations. Meals may be served to persons living on the premises. SCHOOL OF GENERAL INSTRUCTION: A public, parochial , or private school or college giving regular instruction at least five days each week (except for holidays) for a normal school year of not less than seven months; but not including (a) a School of special instruction as defined herein; or (b) a nursery school unless conducted as a part of a school of general instruction. (Eff. 12/5/67) SCHOOL OF SPECIAL INSTRUCTION: 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: (a) a nursery school ; (b) a riding school , however designated; or (c) a school for mental defectives. (Eff. 12/5/67) SEMI -DETACHED HOUSE: Two dwellings separated by a party wall , each dwelling being on a separate lot. SERVICE DRIVE: A travel lane on dedicated right-of-way. (Eff. 9/7/65) SETBACK LINE: The setback required from a property line not fronting on a street. J 2-4 SHOPPING CENTER: Two or more commercial establishments planned or operated as a unit with off-street parking provided on the property. (EFF. 11/7/67) SIGN: Any word, numeral , figure, design, trade mark, flag, pennant, twirler, light, display, or device of any kind which, either singly or in any combination, is used to direct, identify, inform, persuade, advertise, or visually attract the attention of the out-of-doors public. (Eff. 11/7/67). SIGN AREA: The total area in the smallest rectangle or rectangles, if the sign is rectangular; or the smallest convex polygon that will contain the entire sign, excluding architectural embellishments and supports on neither of which there is displayed any advertising material or any lighting. For projecting or double-faced signs, one (1) display face shall be measured in computing total tign area where the sign faces are parallel or where the interior angle formed by the faces is forty-five (45) degrees or less. The actual area of any exposed tubing or lighting used to outline any part of a lot, other than a sign, shall be included in any computation of sign area; provided that the area of any band of lighting (including a string of individual lights) less than one (1) foot in width, shall be computed at the rate of one (1) square foot for each one (1) foot on the length thereof, (Eff, 11/7/67) SITE PLAN: Detailed drawings indicating all building locations and site improvements required by Section 3.17 of this ordinance. (Eff. 9/7/65) STATE: In all places where the word "State" is used, it is intended to mean the Commonwealth of Virginia. (Eff. 9/7/65) STREET: A road or highway either accepted by the City for maintenance or dedicated on an approved plat where the dedicator has entered into a contract with the City to construct the same. TOURIST HOME: Any dwelling containing in addition to living quarters for the operator(s) , sleeping accommodations for a maximum of eight transients or travelers. TOWN HOUSE: A single-family dwelling forming one of a series of attached single-family dwellings, separated from one another by a party wall without doors, windows or other provisions for human passage or visibility through such party walls, (Eff. 1/4/66) TRAVEL LANES: That space specifically designated and reserved as the site for the movement of vehicular traffic, (Eff. 9/7/65) 2-5 SECTION 3 GENERAL REGULATIONS 3.01 No structure shall hereafter be erected; no existing structure shall be moved, altered, added to, enlarged, nor shall any land or structure be used for any purpose not specifically permitted by this ordinance in the zone in which the structure or land is located. There are hereby established the following zones in the City of Fairfax for the general purposes indicated below: (Eff. 4/6/65) R-1 This zone is established to provide areas for single family residences with a minimum lot size of 20,000 square feet. See Section 11 for additional and specific requirements and uses. R-2 This zone is established to provide areas for single family residences with a minimum lot size of 12,500 square feet. See Section 11 for additional and specific requirements and uses. R-3 This zone is established to provide areas for single family residences with a minimum lot size of 9,500 square feet. See Section 11 for additional and specific requirements and uses. R-T This zone is established to provide for single family development and, under certain conditions, the development of town houses. Town house development should occur where development will be consistent with the Master Plan, and involves the re-use of land where older structures are removed or as a transitional use of vacant land where a substantial portion of the property has a common boundary with an I , C or M zone. It is intended that any town house development permitted should result in high quality living units to promote the purposes set forth in Section 15. 1-489, Code of Virginia (1950) , as amended, offering optimum preservation of natural land form and foliage and the clustering of usable open space by the clustering of dwelling units. Clusters of dwelling units should be so arranged to achieve an intimate, internal relationship. Site plans shall be prepared in sufficient detail to permit judgment of compliance with the purpose of this ordinance. (Eff. 1/4/66) M-1 This zone is established to provide areas for multi-family residences of the garden or low rise type. See Sections 3, 14 and 11 for additional and specific requirements and uses. (Eff. 4/17/63) C-1 This zone is established to provide areas for offices for business, governmental and professional uses, See Section 11 for additional and specific requirements and uses. C-2 This zone is established to provide areas for general business establishments and related activity. See Section 11 for additional and specific requirements and uses. 3-1 C-3 This zone is established to provide areas for business establishments of curb service or drive-in nature and related activity, See Section 11 for additional and specific requirements and uses. I -1 This zone is established to provide areas for light industrial uses, more specifically outlined in Section 11 . 1 -2 This zone is established to provide areas for general industrial uses, more specifically outlined in Section 11 . 3.02 No open space or lot required by this ordinance for a structure shall , during the life of that structure, be occupied by or counted as open space for another building or structure. 3.03 Where a zone boundary line divides a lot in single ownership of record at the time said line is adopted, the regulations for the less- restrictive portion of such lot Shall extend not more than 50 feet into the more restrictive portion, provided the lot has frontage on a street in the less-restrictive zone. 3.04 This ordinance shall be enforced by a Zoning Administrator appointed by the City Manager. No land or structure shall be changed in use and no structure shall be erected, altered, added to or enlarged, or moved, until the Zoning Administrator shall have certified that the plans and intended use of the structure and the location thereof are in conformity with this ordinance. The Zoning Administrator shall not approve any application when under this ordinance prior approval of the Planning Commission, Board of Zoning Appeals, Board of Architectural Review or Health Officer is required, until the approval of said Planning Commission, Board of Zoning Appeals, Board of Architectural Review or Health Officer is obtained. (Eff. 4/6/65) 3.05 Location Check: No building, except additions or accessories to existing dwelling, shall proceed beyond first floor level until the location of the footings and walls as shown by certified surveyor ' s plat thereof, has been approved by the Zoning Administrator. 3.06 Certificate of Occupancy: No land or structure hereafter erected, moved or altered in its use shall be used until the Zoning Administrator shall have issued a certificate of occupancy stating that such land or structure and its location is found to be in conformity with the provisions of this ordinance and all other applicable ordinances. 3.07 Spires and towers not used for human habitation, excluding signs, may extend above the height of limitation herein fixed. Walls and similar projections not used for human habitation, excluding signs, may extend above the height limitation not exceeding 5 feet. 3.08 Sills, cornices and similar ornamental features may project not exceeding 18 inches beyond any required setback or building restriction line, 3-2 3.09 Bay windows, porches, balconies and similar features may project not `•. exceeding three feet beyond any required setback or building restriction line. Setback and building restriction lines shall not apply to terraces, patios and un-roofed porches on ground level . 3.10 Fences: Building restriction lines and setback requirements shall not apply to fences, walls, trees, hedges and shrubbery. 3.11 The following fees shall be required of all applicants for zoning permits: Occupancy Permit $ 2.50 Rezoning Application - $50.00 3.12 Deleted 11/7/67. 3.13 Procedures (Eff. 2/5/64) . 3.131 Applications for change of zoning (amendment to the zoning map) shall be made by the owner, contract owner or optionee of the property on forms prescribed by the Zoning Administrator, accompanied by a plat by a certified surveyor and a fee of $50.00. All applications shall be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed rezoning shall be advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days Sir nor more than ten days after final publication. At least 10 days prior to the date of any public hearing before the Planning Commission on any proposed change in zoning the property shall be posted by the City and the applicant shall inform at least five adjacent or neighboring property owners by certified mail . 3.132 Any comprehensive plan, or amendment thereto, or other amendment to this ordinance shall originate or be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed plan, or amendment thereto, or other amendment to this ordinance shall be advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days nor more than ten days after final publication. 3.133 After the public hearing before the Planning Commission, the Planning Commission shall submit its recommendation to the City Council , but no application for change of zoning, comprehensive plan, or amendment thereto, or other amendment to this ordinance shall be acted upon by the City Council until advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of a public hearing before the City Council at which persons affected may appear and present their views, not less than five days nor more than ten days after final publication. At least ten days 3-3 prior to the date of any public hearing before the City Council on any proposed change in zoning, the property shall be posted by the City and the applicant shall notify at least five adjacent or neighboring property owners by certified mail . 3.134 Upon the denial of any application filed pursuant to Section 3.131 for change in zoning, no further application shall be filed pursuant to Section 3.131 within twelve months for change in zoning of any or all of the same property involved in the denied application to the same zoning category applied for in the denied application. The term. "zoning category" as used in this section shall mean residential , commercial , apartment or industrial . The applicant may withdraw any application filed pursuant to Section 3.131 at any time before the matter is called on the agenda of the City Council for the advertised public hearing. Thereafter such application may be withdrawn only upon the affirmative vote of a majority of the City Council present and voting. The City Council may Initiate action on a proposed change in zoning by referring said proposal to the Planning Commission for a legally advertised public hearing whether or not an application for change in zoning of any or all of the same property to the same zoning category has been denied within the preceding twelve months. 3.14 Apartment Houses. (Eff. 4/17/63) 3.141 Area Requirements: Any lot or tract used for apartment houses shall have a minimum of 10,000 square feet for the first living unit in each apartment house. For additional living units in any particular apartment house, the following areas shall be added to the 10,000 square feet requirement: Number of Rooms Lot Area Requirements per Living Unit per Living Unit 1 1500 sq. ft. 2 2000 sq. ft. 3 2500 sq. ft. 4 3000 sq. ft. Kitchen and baths shall not be included in determining the number of rooms in a given living unit. 3.142 Apartment House Setbacks: a. No apartment house or its accessory structures shall be located less than 100 feet from the center line of any boundary street nor less than 30 feet from the right-of-way of any service drive paralleling a boundary street, nor less than 60 feet from the center line of any interior street. b. No apartment house shall be located less than 50 feet from any side or rear property line. No accessory building shall be located less than 25 feet from any apartment house nor less than 25 feet from any side or rear property line. No parking lot shall be located less than 25 feet from any side or rear property line. 3-4 c. If any of the structures In an apartment house project are so located that the front or rear of one structure faces any other structure, a distance of not less than 60 feet shall separate such structures; if any of the structures are arranged in a row, end to end, no such structure shall be closer to any other such structure than a distance equal to the average of their heights. 3. 143 Percentage of Lot Coverage: Apartment houses, including accessory building, on any lot, shall not cover more than 25% of the area of such lot. There shall be included in the percentage of lot covered 180 square feet of parking space for each living unit, plus sufficient maneuvering area to give access to a public street. 3.15 Flood Plain and Drainage Control : 3.151 Development: No structure or addition to any existing structure increasing the outside perimeter of such structure shall be erected in the flood plain, except as provided under the following conditions: a. Structures of which the underside of the lowest floor (including cellar or basement) is a minimum of 18 inches above the flood plain, and where such structures and land use will not adversely affect the stream flow or natural drainage of the flood plain. b. Where the approved subdivision plat, approved by the Director of Public Works, delineates flood plain limits, structures will be permitted on any lot on which a flood-free building site remains. 3. 152 Drainage: No change shall be made in the contours of any land which affects the course, width or elevation of any flood plain or natural or other drainage channel in any manner which will obstruct, interfere with or change the drainage of such land without providing adequate drainage in connection therewith, as approved by the Director of Public Works. 3. 153 Responsibility of Builders or Developers: The approval of any construction or change pursuant to this ordinance shall not constitute a representation, guarantee or warranty of any kind or nature by the City of Fairfax or by any board, commission, agent, officer or employee thereof of the practicability or safety of any structure or other plan proposed and shall create no liability on or cause of action against said City, board, commission, officer, agent or employee for any loss or damage that may result therefrom. (Eff. 11/21/67) S 3-5 3.16 Visual Clearance: 3.161 Corner Lots: On any corner lot in any district there shall be no planting, structure, retaining wall , fence, shrubbery or other visual obstruction higher than a height of three (3) feet six (6) inches above the street level , within the imaginary prism formed at said corner by the intersecting right-of-way lines and a line connecting two points each twenty-five (25) feet from their intersection with a height as stated above, measured along said right-of-way lines, as illustrated below. "M • 0 Figure 1 . ;31 3-6 3. 17 Development or land use requiring a site plan - A plan of development or site plan shall be filed by an owner or developer of property and must be approved by the City Planning Director in each of the following instances: a. Any use or development of property located in any zoning district other than R-1 , R-2 and R-3. b. Any use requiring a Special Use Permit in R-1 , R-2, and R-3 zoning districts. (Eff. 12/5/67) c. No site plan approval shall be required for any temporary public use when such use does not exceed thirty (30) days. 3.171 No building permit or Certificate of Occupancy shall be issued until the required site plan of the proposed use or development shall have been approved by the City Planning Director. 3.172 Procedure: a. The owner or developer shall submit to the Planning Director a site plan prepared and certified by an engineer, architect, or land surveyor, as defined by this ordinance. Seven (7) prints of the site plan at a scale of not less than one (1) inch equals fifty (50) feet, together with all information required by this ordinance shall be submitted. All plans shall be on either 24" x 36" material or suitable for folding to that size. b. Notice required: Prior to consideration by the Planning Director the applicant shall notify in writing five property owners in the immediate vicinity of the site involved, two of whom shall be owners of property adjoining the site, that the site plan has been filed and will be considered by the Planning Director ten (10) days after receipt of the notice. Postal receipts of certified mail attached to a copy of the notice shall be sufficient proof of delivery. c. Objections to the approval of a site plan may be filed with the Planning Director by any interested party and shall be filed in writing within the period prescribed in the notice. d. The Planning Director shall notify the applicant and any objectors of his decision to approve or disapprove the applicant' s site plan. An appeal from any final decision of the Planning Director shall be made to the Board of Zoning Appeals pursuant to law. 3.173 Information required: 4 a. Plot and location plan with: 1 . Location and dimensions of building(s) on site showing distance to side lot lines and center lines of adjacent streets. I 3-7 4 2. Location and dimensions of proposed and existing driveways and curb cuts on site and adjacent properties. 3. Location and general design of proposed and existing sidewalks and open space. 4. Location and dimensions of proposed and existing surface parking and loading areas. 5. Boundary of the entire tract by courses and distances with reference to true meridian and area of the tract. 6. Existing widths of any streets and sidewalks adjoining the tract giving right-of-way and pavement widths. 7. Front, side and rear yard setbacks. 8. Relation of site to roadway median strips with existing and proposed openings in median strips. 9. Proposed elevations at control points such as driveways, ramps, etc. 10. Zoning of the tract. 11 . Present record owner of the tract and contract purchaser, if any. 12. Owner, zoning and present use of all contiguous property. 13. Vicinity map showing location of tract at scale of not less than one (1) inch equals two thousand (2,000) feet. 14. Certified topographic map of parcel at a minimum two (2) foot contour interval , showing existing and proposed contours. 15. Certificate signed by the surveyor or engineer setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chain of title. 16. Provisions for the adequate disposition of natural and storm water in accordance with the duly adopted design criteria and standards of the City, indicating location, sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage b. Vertical cross sectional view with: 1 . Height of proposed building(s) . 2. Number of stories. 3. Height, location and general design of structures proposed above the building height limit. 3-8 4. Location and access to underground parking. Skr 5. Proposed floor grades of each floor, including basements and boiler rooms. c. Typical floor plan with dimensions. d. Plan of each non-typical floor with: 1 . Location and square foot area of any permitted accessory. or proposed conditional use as permitted by the ordinance. 2. Access to any accessory personal or convenience service uses. 3. Number and individual area of guess rooms in any hotel or motor hotel use. e. Plan of each floor of parking garage. f. Utility plan with: 1 . Location of all existing underground utilities such as water, sewer, gas, electric and telephone cables, etc. , both within the property, and in adjacent streets. 2. Location of all surface facilities such as sidewalks, curb, gutter, etc. 3. Fencing, walls and screening to be preserved, erected or planted; type, height and location. 4. All proposed changes, additions, or deletions to "1" and "2" above, together with a notation as to any City responsibilities thereto. g. The following data will be supplied in tabular form where applicable: 1 . Area in square feet of parcel . 2. Maximum allowable gross floor area. 3. Proposed gross floor area. 4. Number and type of any dwelling units. 5. Number of parking spaces or square feet of area required by Section 6 - Zoning Ordinance. 6. Number of proposed parking spaces or square feet of area. 3-9 7. Maximum allowable area - personal or convenience service accessory uses. 8. Proposed area - personal or convenience service accessory uses, restaurant, cafe, or soda fountain uses. 9. Maximum allowable coverage. 10. Proposed coverage. 11 . Amount of impervious area in square feet for purpose of calculating storm water runoff. 3. 174 REVIEWS, STANDARDS AND REGULATIONS The Planning Director shall review all site plans which are submitted to him pursuant hereto. He may consult with the Director of Public Works, the Health Director or any other City official , The Planning Director shall consider the site plan in conjunction with the following standards and regulations: a. Compliance with the requirements of the Zoning Ordinance including setbacks, side yards and rear yards, height of buildings, lot area and lot coverage, fencing and screening. b. Location and adequacy of automobile parking as to number of spaces, square footage per space including movement lanes, and total area. c. Adequate provision for traffic circulation and control within the site and providing access to adjoinint property. d. Adequacy of water supply, fire protection and sanitary sewer facilities. e. Compliance with applicable established design criteria, construction standards and specifications for all required public improvements. f. Location of walkways so that pedestrians may walk from store to store or building to building within the site and to adjacent sites. g. Connection wherever possible of all walkways, travel lanes and driveways with related facilities in adjacent properties. h. Screening from adjacent residential property shall conform as nearly as practicable to the standard illustrated in Figure 2. (Eff. 1/2/68) 3-10 TYPICAL SECTION FOR SCREENING 1 12' 1/3 TOTAL 1/3 TOTAL 1/3/3 TOTAL k -pic 6' HIGH STOCKADE FENC 6' HIGH EVERGREEN A WITH SMOOTH TREES 5' ON SIDE TOWARDS CENTERS RESIDENTIAL DISTRICT ‹...4\ 2 1/2' HIGH EVERGREEN L) J _ SHRUBS 5' ON CENTERS Q ¢ I- �` Li- L.) fn W Ul -- J W CD -j/iiifr I Z O ¢ W N W - . A 1,72 �� W *?, 1--. 27 '.. ) / ■ ,,, y //- \ ,/, \./7 // v/ N#\\ \ \ \ \ TYPE OF EVERGREEN TREES, SHRUBS AND NURSERY STOCK TO BE APPROVED BY THE CITY HORTICULTURIST TYPICAL PLAN FOR SCREENING RESIDENTIAL DISTRICT — _ PROPERTY LINE S5'1 1/3 TOTAL 2 1/2' EVERGREEN SHRUBS 0 * * ne6 -* * * G4--- 6 EVERGREEN TREES 1/3 TOTAL -tjs %, 4 1/3 TOTAL SMOOTH SIDE-6' HIGH STOCKADE FENCE • • • • 4 0 • • POST SIDE APARTMENT—COMMERCIAL OR INDUSTRIAL DISTRICT Figure 2. 3-11 i . Extension or construction of service roads and access thereto on property bordering a state primary highway, provided the setback requirement shall be no greater if the service road is dedicated than the setback required without the dedication, except that in no event shall the building be erected closer than ten (10) feet from the closest right-of-way line. j . Proof of any easements required in order to develop or use the property as shown on the site plan, clearly defining the purpose intended for each easement. k. Dedication of easements and rights-of-way for streets, service roads and other facilities to be maintained by the City and for the construction and maintenance thereof. 1 . Curb and gutter travel lanes or driveways that provide vehicular travel to and from parking areas of adjacent property. m. Adequate no-parking signs along such travel lanes or driveways. n. Adequate drainage systems for the disposition of storm and natural waters. 3.175 COMPLETION AGREEMENT AND BOND a. Prior to approval of any site plan, there shall be executed by the owner or developer and submitted with the site plan an agreement in form and substance as approved by the City to construct such required physical improvements located within public rights-of-way or easements or connected to any public facility, together with a surety bond. The bond shall be in the amount of the estimated cost of the required physical improvements as determined by the Director of Public Works. The aforesaid agreement and bond shall be provided to insure completion of all work or improvement therein stated within the time cited in the agreement and determined by the Director of Public Works. The completion time may be extended by the City Manager upon written application by the owner or developer, signed by all parties to the original agreement and to the bond. No extension shall be issued without the express consent of the surety on the bond. The adequacy, conditions and acceptability of any bond hereunder shall be determined by the Bond Committee. In any case where the Bond Committee has rejected any such agreement or bond, the owner or developer may appeal from such decision to the City Council , provided the owner or developer has paid to the City of Fairfax the required filing fee. b. Upon completion of the required improvements for which the City has received a completion agreement and bond, the developer or owner may apply to the Director of Public Works in writing for a Certificate of Completion and Discharge of Bond. If the work is found by the Director to conform to the approved site plan, applicable regulations and City ordinances, he shall issue the Certificate within thirty (30) days of receipt of the application. The Director shall 3-12 within said thirty (30) days notify the applicant and obligors on the bond of any defects or noncompliance which require further work and thereafter he shall not issue the Certificate until the required work has been completed. 3.176 APPROVAL All site plans submitted pursuant hereto and which conform to the requirements and standards contained in this article shall be approved by the Planning Director. 3. 177 INSPECTION AND SUPERVISION DURING INSTALLATION a. Unless otherwise provided in this chapter, the construction standards for all off-site and on-site improvements required by this article shall conform to the City of Fairfax plumbing, building, electrical , fire and health codes, and other applicable laws, ordinances and regulations. The Director of Public Works shall approve the plans and specifications for all required improvements, and shall supervise inspection of the construction of such improvements to assure conformity therewith. b. The developer or owner shall notify the Director of Public Works not less than twenty-four (24) hours prior to undertaking construction of all streets, storm sewer work and other facilities to be publicly maintained. c. The developer or owner shall provide adequate supervision of all work undertaken by him or his subcontractors, and shall have a responsible superintendent or foreman, together with one set of approved plans, profiles and specifications, available at the site at all times while work is being performed. d. The installation of improvements as required in this article shall in no case serve to bind the City to accept such improvements for the maintenance, repair or operation thereof, but such acceptance shall be subject to the existing laws and regulations concerning the acceptance of each type of improvement. e. Upon completion of all off-site improvements and discharge of the performance bond, the owner or developer shall provide a two- year warranty bond with surety equal to 10% of the original completion bond and in a form satisfactory to the City. 3.178 BUILDINGS TO COMPLY WITH SITE PLANS: CERTIFICATES OF OCCUPANCY. a. No permit or Certificate of Occupancy shall be issued for any structure which does not conform to an approved site plan. A temporary Certificate of Occupancy shall be issued for a completed section of a project covered by a single site plan provided the completed section conforms to the approved site plan and applicable laws, ordinances and regulations, and provided further that all improvements, both off-site and on-site, and all utilities and services 3-13 which pertain to the completed section conform to the site plan and have been inspected and approved. A temporary Certificate of Occupancy shall not be valid beyond ninety (90) days from issuance, but may be renewed upon application provided all other work in progress conforms to the approved site plan and applicable laws, ordinances and regulations. b. A permanent Certificate of Occupancy shall be issued when: 1 . The buildings are found to conform to the approved site plan and all applicable laws, ordinances and regulations. Upon application by an owner or developer, the Director of Public Works shall forthwith cause all necessary inspections to be made and within thirty (30) days of said application, shall issue the Certificate or he shall notify the applicant in writing of the reasons for denial of the Certificate. No application shall be denied except for good cause and for noncompliance with applicable laws, ordinances and regulations. The granting of a Certificate of Occupancy shall not of itself consti- tute release of the completion agreement and surety bond furnished pursuant to Section 3. 177 b hereof; and 2. The owner or developer shall have filed a certified "As Built" site plan. The "As Built" site plan may be a copy of the original approved site plan with an affidavit attached that all construction has been completed in compliance therewith or shall be a plan showing all deviations from the approved site plan with an affidavit attached stating that no deviations exist except those shown. The "As Built" site plan shall be filed and certified by an engineer, architect or land surveyor as defined by this ordinance. 3. 179 FILING FEES The following fees shall be paid upon filing a site plan: Site Plan - Twenty dollars ($20.00) , plus the following where applicable: (a) Forty cents per dwelling unit for each apartment unit. (b) One dollar ($1 .00) per 1 ,000 square feet of gross floor area of all commercial structures. (c) Fifty cents ($0.50) per 1 ,000 square feet of gross floor area of all industrial structures. 3. 180 TIME OF VALIDITY OF APPROVED SITE PLANS. An approved site plan shall become null and void if no significant work is done or development is made on the site within twelve (12) months after approval . The Director of Planning may grant a single one-year extension upon written request of the applicant made at least thirty (30) days before the expiration of the approved site plan. EFFECTIVE 9/7/65 3-14 a SECTION 4 Non-Conforming Uses 4,01 INTENT : It is the intent of the section that non-conforming uses are inconsistent with the purpose of this Chapter, that they are recognized and permitted to continue only because they are antecedent to the ordinance, that they be restricted closely, and that although they may be continued, they shall not be enlarged or extended, (Eff. 11/15/66) 4,02 No structure, or land in which a non-conforming use is abandoned for a period of two years or is superceded by a permitted use subsequent to the enactment of this ordinance shall again be devoted to such non-conforming use., (Eff. 11/15/66) 4,03 Any non-conforming structure or land which is hereafter damaged to an extent exceeding 60 percent of its then value by fire, explosion, earthquake, flood, storm or act of God may not be restored, reconstructed or used for any purpose other than use or purpose permissible under this ordinance. 4,04 Any building in a non-conforming location which is hereafter damaged to an extent exceeding 75 percent of its then value by fire, explosion, earthquake, flood. storm or act of God may not be restored except in conformity with the building restriction and set back requirements of this ordinance. 4,05 Nothing in this ordinance shall prevent structural alterations which may be required to restore to a safe or lawful condition any part of a building deemed unsafe or unlawful . `► 06 An enlargement „ extension, reconstruction or structural alteration of a non- conforming use in a Commercial -2 zone may be authorized by special use permit issued by the Board of Zoning Appeals, subject to such conditions, bonds, and guarantees as the Board may deem necessary in the public interest, provided that such use is permitted in another commercial zone and, provided further that the use for which an extension or enlargement is sought conforms to the minimum lot requirement in the zone where it is permitted and, after con- struction of the extension or enlargement proposed, the entire structure or structures will meet all other requirements for such a use in the zone where it is permitted including those governing side, rear and front setbacks. (Eff, 1l/15/66) 4,07 Non-conforming Signs: Any sign or sign structure legally existing at the time of enactment of this ordinance, but not in conformity with its provisions, may be continued with the following limitations: Any sign or sign structure which does not conform to this ordinance may not be: a. Changed to another non-conforming use. b. Extended except in conformity with this ordinance, c. Re-established after discontinuance for six months, or d, Rebuilt after damage exceeding two-thirds of its value immediately prior to damage. No sign found by the Town Manager to a nuisance under the provisions of Section 7 shall be allowed to continue as a non-conforming use and shall be removed immediately, (Eff. 11/15/66) 4-1 1 SECTION 5 Board of Zoning Appeals 5.01 A Board of Zoning Appeals is hereby established. The membership shall con- sist of five members appointed in pursuance of Section 15-968.8 of the Code of Virginia. (Effective 2/5/64) 5.02 Appeals to the Board may be taken by any person or persons aggrieved, or their agents, or by any employee or official of the City. 5.03 Whenever an appeal is made to the Board the Board shall , within thirty days thereafter, advertise by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of hearing of such appeal . This hearing shall be not less than five days nor more than ten days after final publication of the notice. At least ten days prior to the date of any-such hearing before the Board of Zoning Appeals the property shall be posted by the City and the applicant shall notify at least five adjacent or neighboring property owners by certified mail . (Effective 2/5/64) 5.04 No order of the Board permitting the erecting, alteration, or use of a build- ing shall be valid for a period exceeding twelve months, unless building permit(s) for the erection. of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in accordance, with said permit(s) . In the event said order does not involve the construction of any building the order of the Board permitting the use shall not be valid for a period exceeding six months unless 4k10• such use is established within six months. 5.05 Upon appeals the Board shall determine the exact location of any zone boundary line where there is a dispute. 5.06 Upon appeals the Board shall interpret the words of the ordinance where there is a dispute as to the meaning. 5.07 The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, determination or refusal made by the Zoning Administrator, Town Manager, Town Engineer or other administrative official acting under this ordinance. 5.08 The Board is hereby empowered to grant special use permits in those cases pro- vided in the zoning schedule when in the judgment of the Board such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not :end to affect adversely the use of neighboring property or the welfare of parsons living and working in the neighborhood of the proposed use. 5.09 The Board of Zoning Appeals in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to s:Teets for both vehicular & pedestrian traffic, taking into consideration future in- crease of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, 5-1 the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. 5. 10 The Board of Zoning Appeals shall have the power, except as otherwise pro- vided, to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the Town Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Board shall be guided by the standards and considerations as set forth in Paragraph 5.09. 5. 11 Where by reason of exceptional shape or area, exceptional topographic con- ditions, conditions created by a condemnation, or other extraordinary or exceptional situation or condition, wherein the application of this ordinance would result in peculiar and exceptional practical difficulty or hardship upon the owner of such property, the Board shall have the power to grant a variance from this ordinance so as to relieve such difficulties or hardships, provided such relief can be granted without substantially impairing the intent and purpose of this ordinance. • • 5-2 SECTION 6 OFF-STREET PARKING Off-street parking space shall be provided together with sufficient maneuvering area and access to a public street. Such area shall be deemed to be required open space to associate with the permitted use and may not thereafter be reduced or encroached upon in any manner. The following are established as minimum requirements. 6.01 Dwelling: One parking space for each dwelling. 6.02 Apartment House: One and one-quarter parking space for each living unit. 6.03 Hotels and Tourist Homes: One parking space for each room offered for tourist accommodations. 6.04 Rooming Houses: One parking space for each room offered for rent. 6.05 Stores and other business, trades or services other than industrial : One parking space for each 100 square feet of store floor or merchandising area. 6.06 Theater, auditorium, church, club, community use or any other place of assembly: One parking space for each five seats based on maximum seating capacity. 6.07 Office Building: One parking space for each 250 feet of office floor area. 6.08 Industrial : One parking space for each one and one-half employees to be employed upon the premises. 6.09 Where such space cannot be reasonably provided on the same lot with the principal use, the Board of Zoning Appeals may permit such space to be located on other off-street property. 6. 10 No off-street parking shall be permitted within five feet of any street right-of-way line. 6. 11 Town House: Every dwelling unit shall have provided for it a minimum of two (2) off-street parking spaces. Required parking may be located in parking areas convenient to the unit for which required, or located entirely within the lot area. Parking spaces located within the lot area shall be completely enclosed. Parking in common parking areas shall not exceed thirty (30) vehicles per parking area, provided that there be permitted one parking area of fifty (50) parking spaces for each five acres of gross area in the town house development. Common parking areas shall be no less than fifty (50) feet apart. In common parking areas, no more than ten (10) parking spaces may be grouped without a landscaped divider at least ten (10) feet in width separating such groups. (Eff. 1/4/66) 6. 12 Schools: See Section 14 for parking requirements. (Eff. 12/5/67) 6-1 SECTION 7 SIGNS A. INTENT It is intended by this ordinance to regulate all signs, billboards, and other displays or devices to direct, identify, inform, persuade, advertise or attract attention, herein called "signs", in order to promote the health, safety, morals, and general welfare of the inhabitants and property within the City. This ordinance shall not be used to limit illumination prescribed for safety purposes by the Illuminating Engineers Society. B. EXCLUSION FROM DEFINITION The following signs shall not be subject to regulation hereunder: 1 . Signs or plates on residential structures or premises giving the name or address of the occupant, mail boxes, paper tubes and similar uses customarily associated with residential use. 2. Signs posted upon property relating to private parking or warning the public against trespassing or against danger from animals, 3. Municipal , County, State and Federal signs, including necessary traffic signs. 4. Historical markers, monuments or signs erected by public authority. 5. Official notices or advertisements posted or displayed by or under the direction of any public court official in the performance of his official or directed duties, or by trustees under deeds of trust or other similar instruments. C. REGULATIONS The following regulations shall apply to signs in all districts: 1 . Attached Signs: (a) Sign Placement - Every sign greater than four (4) square feet in area shall he placed flat against the building, projecting no more then twelve x12,) inches, except as otherwise permitted,, (6• 11/7/67 (b) Sign Height - In no case shall any sign extend more than three (3) feet above the height of the building measured from the actual roof line in the case of a flat roof; from the eaves or the lowest point of the roof in the case of a hip or gable roof; provided that if the building is constructed with parapets, the sign shall be no more than three (3) feet above the parapet, but in no case shall the sign be more than six (6) feet above the actual roof. 2. Free-Standing Signs: (a) In no case shall any free-standing sign exceed a height of twenty (20) feet measured from the nearest curb elevation as established by the City Engineer or the base of the sign, whichever is lower; provided that a sign that is not closer than fifty (50) feet from a street right-of-way line may have a height of forty (40) feet. (b) No sign shall be located within the front fifteen (15) feet of any required setback. 3. Signs Adjacent to Residential Districts: No illuminated sign shall be permitted within one hundred (100) feet of any "R", "M" or "R-T" District. No sign within three hundred (300) feet shall be illuminated between the hours of 12:00 midnight and 6:00 a.m. 4. Sign Illumination: Unless otherwise expressly prohibited, signs may be illuminated, provided that lighting directed toward a sign shall be shielded in such a manner so as to illuminate only the face of the sign. D. SIGNS PERMITTED WITHOUT A PERMIT The following signs are permitted without a permit provided they conform to the regulations of the district in which they are to be located as to size, location and type of construction: 1 . Church signs on church property (not to exceed twenty-four (24) square feet, white lighted) . 2. Signs on interior window glass, regardless of size. 3. Signs advertising for rent, sale or lease of dwellings in "R" and "R-T" zones, limited to a maximum total area of four (4) square feet per dwelling; provided that said sign shall not be illuminated. 4. Traffic signs, not exceeding two (2) square feet in area, indicating entrance or exit. 7-2 11/7/67 5. Any flag, badge, or insignia customarily displayed by any government or governmental agency or by any charitable, civic, fraternal , patriotic, religious or similar organization, and customary temporary lighting and displays as a part of holiday decorations. 6.. Signs relating to customary home occupations allowed in Section 2.09. 7. No permit shall be required to change movable lettering on a permitted sign. E. SIGNS PERMITTED WITH A PERMIT The following signs are permitted, subject to the issuance of a permit by the Zoning Administrator; and provided further that the permit number shall be affixed to the sign in a conspicuous place: 1 . "R" and "R-T" Districts: A free-standing sign denoting the name of the subdivision is permitted, provided that the area of the sign and sign structure does not exceed thirty-two (32) square feet and does not create a visual obstruction. The sign may be illuminated by white light only. Signs relating to special uses permitted within "R" Districts are permitted on such properties. 2. "M" Districts: A sign denoting the name of the multi- family project is permitted at each entrance of the project, provided that the area of the sign does not exceed thirty-two (32) square feet, does not create a visual obstruction, and is not located within the public right-of-way. The sign may be illuminated; however, any illumination must be by white light only. 3. "C and I " Districts: The following signs are permitted: (a) Any commercial or industrial use, having at least fifty (50) feet of frontage on a public street, shall be permitted one (1) pylon type sign, the size of which may not exceed one-half (1/2) square foot per lineal foot of frontage occupied by the use, or fifty (50) square feet, whichever is smaller. Any commercial use, having at least two hundred (200) feet of frontage on a public street, shall be permitted two (2) such signs. For the purpose of this paragraph, an entire shopping center shall be considered one commercial use. No more than two (2) pylon type signs shall be permitted for any commercial use. (b) Signs attached to commercial or industrial buildings in commercial or industrial zones, which advertise the said area or products or services sold therein, may have an aggregate area not exceeding two (2) square feet for each lineal foot of building frontage occupied by the use. ‘r• 7-3 11/7/67 (c) The total aggregate area of all signs permitted shall not exceed three (3) square feet for each lineal foot of building frontage measured to the outside of the exterior walls. In the event that a structure has frontage on two (2) or more streets, the sign area shall be based on the average building frontage. F. TEMPORARY SIGNS The following temporary signs are permitted with a permit in any zone: 1 . Temporary signs denoting or advertising contractors, architects, developers, and real estate agents connected with the construction, or sale, or lease of structures in commercial or industrial zones, and of developments in residential zones, said signs not to exceed a total area of sixty-four (64) square feet, with no single sign having an area of more than thirty-two (32) square feet. Permits for such temporary signs shall be limited to ninety (90) days' duration. A deposit of $25.00 shall be required for each sign, the deposit to be returned when the sign has been removed, 2. Signs advertising the place and date of fairs, carnivals, horse shows and similar events, and signs of political candidates, parties or groups supporting the candidacy of any individual For office, or urging public support of or opposition to any public issues to be voted upon; provided such permits shall be limited to thirty (30) days' duration and provided a deposit of $25.00 has been posted with the City to insure the removal of such temporary signs, 3. Temporary banners or signs, advertising special events or holidays to be observed within the City, may be permitted within public rights-of-way for not exceeding thirty (30) days; provided liability insurance protection, deemed adequate by the City, has been furnished; and provided further, a deposit satisfactory to the Zoning Administrator, has been posted to insure the removal of such temporary banners or signs. 4. Temporary signs, advertising the initial openings of business establishments, may be permitted for not exceeding ten (10) days; provided the location of such signs are approved by the Zoning Administrator; and provided further, a deposit of $25.00 has been posted with the City to insure the removal of such temporary signs. 5. Directional signs placed on private property with permission of the owner and not exceeding six (6) square feet in area, directing the public to a subdivision or apartment project. Permits for such signs shall be limited to ninety (90) days and shall require a deposit of $25.00 to insure the prompt removal of such signs, 11/7/67 7-4 G. SIGNS PROHIBITED The following signs are prohibited in the City: 1 . Any sign in a residential zone exceeding an area of thirty-two (32) square feet. 2. Any sign located in any manner of place so as to constitute a hazard to traffic. 3. Any moving sign or device to attract attention, all or any part of which moves by any means, including fluttering, rotating, or otherwise moving devices, or set in motion by movement of the atmosphere including but not limited to pennants, flags, propellers, disc, etc. , whether or not any said device has written message content. 4. Any flashing sign or device displaying flashing or intermittent lights or lights of changing degrees of intensity; except a sign indicating time and/or temperature, with changes alternating on not less than a five-second cycle. 5. Any illuminated tubing or strings of lights outlining property lines or open sales areas, roof lines, doors, windows, or wall edges of any building; provided that perimeter-shielded down lighting may be used to illuminate open sales areas. 6. Any sign that obstructs or substantially interferes with any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building. 7. Any non-shielded illumination of a sign within two hundred (200) feet of an "R", "R-T" or "M" District. 8. Portable signs, including any signs painted on or displayed on vehicles or trailers usually parked in public places and used primarily for the purpose of such display; provided business signs painted on or attached to commercial vehicles shall not be prohibited. 9. Any sign which is a copy or imitation of an official sign, or which purports to have official status. 10. All temporary signs and banners, except as specifically permitted in Section 7 Subsection F. 11 . Billboards (except in 1 -2) . 12. In no case shall any sign project into any public right- of-way, except as specifically permitted in Section 7 Subsection F (3) . 11/7/67 7-5 13. No sign shall be located within the front fifteen (15) feet of any setback. 14. Any sign that violates any provision of a law of the Commonwealth of Virginia relating to outdoor advertising. 15. Any other sign not expressly permitted by this ordinance. H. PROCEDURE AND FEES FOR SIGN PERMITS 1 . Application for a permit for a sign, where required by this ordinance, shall be made to the Zoning Administrator of the City, on a form approved by the City Council and accompanied by the proper fee, and shall include pertinent data relating to the design, placement and location of the proposed sign. The Zoning Administrator- shall issue a permit for a sign which conforms to the Zoning Ordinance. 2. Any sign which is erected, used, maintained, operated, posted or displayed in violation of Section 7 of the Zoning Ordinance is hereby declared to be a public and private nuisance, and is subject to immediate removal by the Zoning Administrator. The City may collect the cost of such removal , obliteration or abatement from the person concerned. 3. Any sign which becomes a safety hazard, or which is not kept in a good general condition and in a reasonably good state of repair, and is not, after thirty (30) days' written notice to the person concerned, put in a safe and good general condition and in a reasonably good state of repair, is hereby declared to be a public and private nuisance, and may be removed, obliterated or abated by the Zoning Administrator. The City may collect the cost of such removal , oblitera- tion or abatement from the person concerned. 4. The provisions of this Section shall apply to all signs within the City regardless of whether or not a permit for such a sign is required by this ordinance. 5. The following fees shall be paid prior t the issuance of a sign permit: a. $5.00 plus $.10 a square foot for ear' sign. b. $5.00 per 100 signs of less than two �) square feet in area. I . REMOVAL OF SIGNS Whenever the use of a building or premises by a specified business or occupation is discontinued for that business or occupation for a period of ninety (90) days, signs pertaining to that business or occupation shall be removed immediately upon expiration of said 11/7/67 7-6 ninety-day period. The owner of such premises shall be responsible for the removal of such signs and, after ten (10) days' written notice, if he shall fail to comply with the requirements hereof, the City Manager shall cause the sign or signs in question to be removed and shall charge the cost therefor to the owner of the premises, Introduced: September 26, 1967 Effective: November 7, 1967 11/7/67 7-7 SECTION 8 VIOLATIONS 8.01 Any person violating any provision of this ordinance shall upon conviction, be fined not less than $5.00 nor more than $100.00 for each offense. Each day such violation continues shall constitute a separate offense. 8-1 SECTION 9 VALIDITY OF ORDINANCE 9.01 Should any section, paragraph, sentence, phrase, clause or word of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional such decision shall not affect the validity of this ordinance as a whole or any other part thereof. 9-1 SECTION 10 EFFECTIVE DATE 10.01 This ordinance shall take effect and be in force immediately after adoption, the public welfare demanding it. 10-1 SECTION 11 ZONING SCHEDULE R-1 Zone Lot Average: 21 ,780 sq. ft. Area Minimum: 20,000 sq. ft. See Note h. Setbacks: Front Restriction Line 50' See Note a Side 15' See Note e Rear 25' See Note e Minimum Width at BRL: Interior 100' Corner Lots 125' Maximum Height: 3 stories. Off-street Parking: See Section 6. Uses Permissible by Right: Single-family dwellings, accessory buildings, agricultural use provided no animals may be housed within 100 feet of any property line. Uses Requiring a Special Use Permit (see Section 5.08) With site plans as required by Section 3.17 of this ordinance: Churches, governmental use, golf courses, plant nurseries, hospitals for treatment of human beings, nursing homes, electric transformers and substations, telephone repeater stations, club houses and grounds not conducted for gain (including swimming pools) , schools of general instruction and nursery schools complying with the provisions of Section 14 of this ordinance, lodge halls, customary home occupations, kennels. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. 11-1 R-2 Zone Lot Average: 15,000 sq. ft. Area Minimum: 12,500 sq. ft. See Note h. Setbacks: Front Restriction Line 35' See Note b Side 15' See Note e Rear 25' See Note e Minimum Width at BRL: Interior 90' See Note g Corner Lots 115' Maximum Height: 3 stories. Off-street Parking: See Section 6. Uses Permissible by Right: All uses permissible by right in R-1 Zone, customary home occupations. Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3. 17 of this ordinance: Tourist homes and all uses requiring a special use permit in the R-1 zone, except kennels. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. 11-2 0 • R-3 Zone Lot Average: 10,500 sq. ft. Area Minimum: 9,500 sq. ft. See Note h. Setbacks: Front Restriction Line 25' See Note c Side 12' See Note e Rear 25' See Note e Minimum Width at BRL: Interior 70' See Note g Corner Lots 95' Maximum Height: 3 stories. Off-street Parking: See Section 6. Uses Permissible by Right: All uses permissible by right in R-2 zone, semi-detached houses. Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3.17 of this ordinance: Rooming houses subject to approval of health officer, golf driving ranges, carnivals, circuses and fairs limited to no more than two weeks duration, and all uses requiring a Special Use Permit in R-2 zones. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. 11-3 R-T Zone Lot Minimum: Every town house dwelling shall have a minimum lot area of sixteen hundred (1600) square feet; a town house development shall have an average lot area of one thousand eight hundred (1800) square feet. The density shall not exceed ten (10) town houses per acre. Area Minimum: The development shall consist of a minimum of two (2) acres. Setbacks: Front Restriction Line - No more than two (2) abutting town houses shall have the same front yard setback. Abutting pairs of town houses shall have building line setback variations of at least two (2) feet. Side Restriction Line - Side yard setback for corner lots shall be a minimum of twenty (20) feet. Rear Restriction Line - Every dwelling unit shall have a rear yard depth of no less than twenty (20) feet. Minimum Width at BRL: Every lot shall have a minimum width of eighteen (18) feet. Minimum Building Width: All town houses shall be at least eighteen (18) feet wide. Maximum Height: Building height shall not exceed three (3) stories, measured on any external wall . Any basement which has any wall two (2) feet above ground shall be counted as a story. Floor Area: 1 . The average total usable living space per town house dwelling in the development shall be at least fourteen hundred (1400) square feet, exclusive of utility area, attic and garage. Basement space, not to exceed three hundred (300) square feet, may be counted toward this average in a town house having two 4 other stories. 11-4 2. Every town house dwelling unit shall have a ground coverage area of not less than six hundred (600) square feet, shall contain a minimum gross floor area of six hundred (600) square feet per floor and a minimum of one thousand two hundred (1200) square feet of total gross floor area of usable living space, exclusive of basement, utility area, attic and garage. Off-Street Parking: See Section 6. Lot Development and Visibility Requirements: 1 . No town house shall be constructed so as to provide direct vehicular ingress or egress to a collector street or major thoroughfare. 2. In no case shall the horizontal visual distance measured from eye level from any point along the center line of a newly created right-of-way be greater than three hundred (300) feet where town houses face on said right-of-way for said distance unless natural topography precludes the possibility of man- made "visual blocks". 3. No more than ten (10) town houses shall be attached in a series. Site Plan Approval : VIP A final site plan shall be submitted in accordance with the provisions of Section 3. 17 of the City Zoning Ordinance. Procedure: 1 . With every application for R-T zoning, the applicant shall submit the following: (a) A preliminary site plan showing the general scheme of development, proposed parking areas, walkways, driveways, streets, open space, green areas, planting, recreation and common areas. (b) Preliminary drawings showing floor plans, front and rear elevations and side elevations, where applicable. (c) Evidence of proposed covenants, restrictions and details of maintenance responsibility of common areas and green space, to show that liability for maintenance of such areas shall attach to property owners within the development and that the same may be enforced by liens against the property owners in favor of the City of Fairfas or its assignee. 11-5 2. A plat and deed of subdivision showing individual lots, proposed utilities, streets and other rights-of-way, and all proposed dedications shall be approved by the City Council and recorded among the land records before issuance of a building permit. Uses Permissible by Right: 1 . Detached single-family dwellings as permitted by right in R-3 district. 2. Town houses as defined in Section 2 of this Ordinance. 3. Accessory Building: Accessory buildings are permitted if approved as a part of the site plan. Uses Requiring a Special Use Permit (See Section 5.08) : When shown on the preliminary site plan submitted to the City Council at the time of rezoning to the R-T zone, or when shown on a site plan amended with the approval of the City Council , schools of general instruction and nursery schools complying with Section 14 of this ordinance. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. Adopted January 4, 1966. 11-6 M-1 Zone Lot Average: See Section 3.141 ) ) For Dwelling - Same as R-3 Area Minimum: See Section 3. 141 ) Setbacks: Front Restriction Line ) Side ) See Section 3,142 Rear ) Minimum Width at BRL: Not Applicable Maximum Height: 3 Stories. Off-street Parking: See Section 6,02 Uses Permissible by Right: 1 . All uses permissible by right in R-3 zone, 2. Apartments and Apartment Houses, subject to the approval of a site plan by the Planning Commission, upon consideration of the following factors and standards: the size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and land- scaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3. 17 of this ordinance: All uses requiring a special use permit in R-3 zone. NOTE: All uses permissible by right or requiring a special use permit in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. (a j M-1 Zone created 4/17/ +' 11- 7 Commercial-1 Zone Lot Average: NR Area Minimum: NR For Dwelling - Setbacks: Front Restriction Line 25' See Notes c & k Side NR See Note f Rear NR See Note f Same as Minimum Width at BRL: NR R-3 Maximum Height: 60' Off-street Parking: See Section 6, Uses Permissible by Right: 1 . Banks, offices for professional , government, or business use, hospitals for the treatment of human beings, nursing homes, churches, and funeral homes, 2. Such ancillary uses as clinics, schools of special instruction complying with Section 14 of this ordinance except that a trade school may be operated only in a district where the practice of the particular trade taught is permitted as a commercial enterprise, pharmacies or medical supply services, barber shops, beauty shops, restaurants, newstands, photographic services, florists, gift shops, optical stores and services, are permissible by right; provided they are located completely within a said professional governmental or business office building, and provided further that such ancillary uses do not occupy more than 20% of the total usable floor space of said office building. 3. All uses permissible by right in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3.17 of this ordinance, telephone exchanges and dial centers and all uses requiring a special use permit in R-3 zones, except nursery schools and schools of general instruction: All uses permitted by right or with a special use permit in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, sidewalks entrances and exits. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. 11-8 st • • Commercial-2 Zone Lot Average: NR Area Minimum: NR For Dwelling - Setbacks: Front Restriction Line 25' See Notes c, d, k Side NR See Note f Rear NR See Note f Same as R-3 Minimum Width at BRL: NR Maximum Height: 60' Off-street Parking: See Section 6 Uses Permissible by Right: 1 , All uses permissible by right in C-1 zone. 2. Stores, laundromates, cleaning, pressing and tailor shops, printers, theaters, bowling alleys, billiard parlors, public utility use, excluding property yards, hotels, motels. 3. Automobile sales, (not including exterior storage of junk automobiles) , fuel oil sales having all tanks underground, lumber and building supply sales, electrical , heating, air conditioning, plumbing or painting sales or services, provided all materials, equipment, vehicles or machinery are stored entirely in buildings enclosed on all sides, or within such walls, fences, or planting as may be prescribed by the Planning Commission. 4, Uses indicated as ancillary in C-1 , hut without requirements that such uses be 1Jcated in a professional , government or business office building, and without limitation as to the percent of space in a building so used. (Effect. 12/5/67) Uses Requiring a Special Use Permit (See Section 5,08) With site plans as required by Section 3.17 of this ordinance, trailer and mobile home parks subject to Section 5.10 and any other applicable ordinances, veterinarians and animal hospitals, open air theaters, pony rings, riding stables, miniature golf courses, and all uses requiring special use permits in C-1 zones. All uses permissible by right or with a special use permit in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, side- walks, entrances and exits. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. 11-9 Commercial-3 Zone Lot Average: Not Applicable Area Minimum: 22,000 sq. ft. See Note j . Setbacks: Front Restriction Line 75 ft. from any public right-of-way line. No gasoline pump or pump island may be within 25 ft. of any public right-of-way. See Note k. Side 25' Rear 25' Minimum Width at BRL: Not applicable. Maximum Height: 60' Off-street Parking: See Section 6. Uses Permissible by Right: 1 . Any use permitted in C-2 zone. 2. Automobile service stations, refreshment stands, garages (not including exterior storage of junk automobiles) , drive-in restaurants or prepared food sales operations which are predominantly carry-out and less than 75% of the food sold is consumed within a permanent building on the premises; drive-in laundry or drive-in dry cleaning establishments; other retail stores or operations which use no permanent building or a building of less than 2,000 square feet on the ground level in a location other than a shopping center of at least 10 different retail or service stores or establishments. Uses Requiring a Special Use Permit (See Section 5.08) All uses requiring a special use permit in C-2 zone. (Effect. 12/5/67) Uses Prohibited; All uses not specifically permitted. C-3 Zone created 4/6/65 11-10 Industrial-1 Zone Lot Average: 3 acres Area Minimum: 3 acres Setbacks: Front Restriction Line 100' See Note k Side 50' Rear 50' Minimum Width at BRL: 200' Maximum Height: 60' Off-street Parking: See Section 6. Uses Permissible by Right: Industrial uses for which satisfactory evidence is presented that such uses will not adversely affect any contiguous district by reason of odor, glare, smoke, vibration, noise, or sight, subject to approval of site plan by Planning Commission and construction of project in accordance with all details of site plan. Schools of special instruction complying with Section 14 of this ordinance except that a trade school may be operated only in a district where the practice of the particular trade taught is permitted ® as a commercial enterprise. (Effect. 12/5/67) No industrial building in I -1 zone may be enlarged or changed in use, no parking area may be moved or enlarged without prior approval of Planning Commission. Not more than 50% of the land area may be occupied by buildings. Uses Requiring a Special Use Permit (See Section 5.08) All uses permissible by right or requiring a special use permit in R-1 , except schools of general instruction and nursery schools. (Effect. 12/5/67) Uses Prohibited: All uses not specifically permitted. 111 it-il Industrial-2 Zone Lot Average: NR Area Minimum: NR Setbacks: Front Restriction Line 25' See Notes c & K Side NR See Note i Rear NR See Note i Minimum Width at BRL: NR Maximum Height: 60' Off-street Parking: See Section 6. Uses Permissible by Right: Warehouses, laundries, property yards, wholesale houses, fuel oil sales, bulk petroleum storage, bottling plants, bakeries, lumber yards, and monument works, other manufacturing and industrial uses for which satisfactory evidence is presented that such uses will not adversely affect any contiguous district by reason of smoke, dust or hazard of explosion, subject to approval of site plan by Planning Commission. All uses permissible in C-1 and C-2 zones except as herein prohibited. All uses subject to installation of curbs, gutters, storm drainage structures, entrances and exits and approval thereof by City Engineer. Uses Requiring a Special Use Permit (See Section 5.08) All uses permissible by right or requiring a special use permit in C-2 zones. (Effect. 12/5/67) Uses Prohibited: Automobile graveyards, junk yards, manufacture or refining of ammonia, chlorine, brick, cement, gypsum, lime, coke, creosote, dye, explosives, fertilizer, gas, glue, rubber or acid, blast furnaces, rolling mills, fat, grease, lard or tallow manufacture, flour mill , lumber mill , petroleum refinery, curing of hides or skins, rendering plant, and other uses offensive by reason of smoke, dust or hazard of explosion. Dwellings except on appeal . 11- 12 KEY: a or 75 ft. from center line of street narrower than 50 ft. b or 60 ft. from center line of street narrower than 50 ft. c or 50 ft. from center line of street narrower than 50 ft. d in C-2 Zone, no building need be set back more than the average setbacks of the buildings within 100' on either side. e detached accessory building or structure may have a minimum setback of 5 ft. from the side and rear property lines, provided that said detached structure is at least 7 feet away from any adjoining structure. f except where contiguous to residential property where 25 foot setback required. or 20% of lots in recorded subdivision may be 5 ft. narrower than minimum. h one single family dwelling and accessory buildings may be erected on any lot of record prior to the adoption of this ordinance which contains at least 7,500 sq. ft. of area. Side setback on such lots may be reduced to not less than 12 ft. i except where contiguous to residential property where 50' setback required. i 22,000 sq. ft. minimum for gasoline service stations. k within the building restriction areas in commercial and industrial zones or within 25 ft. from the right-of-way line of properties within said zones, whichever is less, no fence, wall , structure, automobile parking area, unloading area or other impervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the City Planner. (Effect. 1/2/68) 11-13 m. SECTION 12 PERFORMANCE STANDARDS N CERTAIN ZONES- 12.01 No use shall be established or conducted in any Commercial-2, Industrial- 1 or Industrial-2 zone in any manner in violation of this section. This -section shall be in addition to the requirements of Section 11 of this ordinance and shall not in any way modify or lesser, said requirements nor be read so as to permit any uses not• permitted therein . 12.02 Sound The sound-pressure level of sound radiated from an establishment, measured - .at the lot line of the site thereof that is the nearest thereto, shall not exceed the values in any octave band of frequency that are specified in Table 1 below, or in Table I as modified by the correction factors set forth in Table II below. The sound-pressure level shall be measured with a sound level meter and an associated octave band analyzer conforming to standards prescribed by the American Standards Association. Table. 1 Maximum Permissible Sound Pressure Levels Measured re 0.0002 dyne per CM2 Frequency Band: . Cycles per Second Decibels 20-75 74, 75- 150 62 150-300 57 300-600 51 600- 1200 47 1200-2400 42 - 2400-4800 38 4800- 10,000 35 Table II - Correction Factors Condition Correction in Decibels On a site contiguous to• or across a street from the boundary of any R district es- tablished by. this Zoning Ordinance Minus 3 Operation between the hours _of 10:00 p.m. and 7: 00 a.m. Minus 5 Sound of impulsive character (e.g. , hammering) Minus 5 12-1 Table ! V (cont.) Condition Correction in Decibels Sound of periodic character (e.g. , hum or screech) Minus 5 4 Sound source operated less than - 20% in any one hour period Plus 5* 5% in any one hour period Plus 10* 1% in any one hour period Plus 15* *Apply only one of these corrections. All other corrections (including any one of • the footnoted corrections) are cumulative. • 12.03 Vibration No vibration at any time shall produce an acceleration of more than 0. 1g or shall result in any combination of amplitudes and frequencies on any struc- ture beyond the "safe" range of Table 7, United States Bureau of Mines No. 442, entitled "Seismic Effects of Quarry Blasting". The methods and equations of said. Bulletin No. 442 shall be used to compute all values for the enforcement of this section. 12.04 Smoke There shall be no emission into the atmosphere, from any operation, of visi- ble gray smoke of a shade darker than No. 2 on the Ringlemann Smoke Chart as published by the United States Bureau of Mines„ except that visible gray smoke of a shade not darker than No. 3 cn such chart may be emitted for not more than four minutes in any period of thirty minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of any other color, but with an equivalent apparent opacity. l2.b5 Other Air Pollutants There shall be no emission of fly ash, dust, dirt, fumes, vapors or gases into the atmosphere from any operation to any extent that could cause any damage to the public health, to animals or vegetation, or to other forms of property, or which could cause any excessive soiling at any point. In no event shall there be any such emission of solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air, nor of acid gases in excess of 0.2% by volume. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to stack temperatures of five hundred de- grees Fahrenheit and fifty per cent excess air. 12.06 Odor Thereshall be no emission of odorous gas or any other odorous material in such 12-3 quantity as to be offensive beyond the boundaries of the site of such emission. 12.07 Radioactivity , There shall be no radioactive emission that would be dangerous to health. 12.08 Electrical interference There shall be no electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. 12.09 Liquid or Solid Wastes There shall be no discharge of any liquid or solid wastes into any stream, except as authorized by a public agency. 12. 10 Glare and Heat There shall be no direct or reflected glare, whether from flood lights or from high-temperature processes (for example, combustion or welding) so as to be visible from within any Residential zone. There shall be no discharge of heat or heated air from any source so as to be 4b. There beyond the lot line. 12-3 0 • SECTION 13 OLD AND HISTORIC FAIRFAX DISTRICTS 13.01 There are hereby created in the City of Fairfax, Virginia, districts to be known as "Old and Historic Fairfax Districts", the first of which shall begin at a point N 16° 15'E, 150' and N 73°45'W, 150.00' from the Northwest corner of the intersection of North Street and West Street. Thence along the following courses: S 75°45' E 1490.00 ft. ; S 16° 15'W 1292.00 ft. ; N 73°45' W 1110.00 ft. ; N 16° 15' E 628.00 ft. ; N 73°45' W 380.00 ft. ; N 16° 15' E 664.00 ft. ; to a point of beginning, and being more generally described as the original Town of Providence, as resurveyed and rededicated in Liber 0-3, Page 208 in the land records of Fairfax County, Virginia, together with a 150' wide border around said Town (more or less, to conform with existing property lines) . It shall be within the province and power of the City Council to enlarge said first such district in such manner as it shall see fit or to create additional such districts within the City corporate limits at such time as the Council deems such action to be in the public interest by promoting the general welfare of the community through the preservation of old and historic places, or areas of historic interest in the City. 13.02 In order to promote the general welfare through the preservation and protection of historic places and areas of historic interest in the City, no building or structure shall hereafter be erected, reconstructed, altered or restored, within said Old and Historic Fairfax District, unless and until an application for a certificate of appropriateness shall have been approved by the Board of Architectural Review herein- after created, as to exterior architectural features including signs, which are subject to public view from a public street, way or place. Evidence of such required approval shall be a certificate of appropriateness issued by the Board of Architectural Review hereinafter created. 13.03 In order to promote the general welfare through the preservation and protection of historic places and areas of historic interest in the City, no building which existed within the Old and Historic Fairfax District in 1900 or prior thereto, except as provided in Section 13. 13 of this article, shall be razed without first obtaining a permit approved by the Board of Architectural Review or the City Council on appeal , and such Board and Council shall be empowered to refuse such permit for any structure of such architectural or historic interest, the removal of which in the opinion of the Board of the City Council would be detrimental to the public interest of this City. 13-1 13,04 Applications, or re-applications as hereinafter provided, for such certificates of appropriateness or permit shall be made to the City Planning Director of the City of Fairfax, Virginia, together with tender of a $50.00 fee therefor. 13.05 For the purpose of making effective the provisions of this article, there is hereby created a Board to be known as the Board of Architectural Review, to be composed of seven members who shall be appointed by the Council . One appointee may be a member of the Council . At least one appointee shall be an architect licensed in Virginia and one member shall be appointed from among the membership of the Planning Commission. Term of office of all members shall be coincidental with that of City Council and the re-appointment of any member for an additional term or terms shall be by affirmative action of the Council only. The term of the Planning Commission member shall be further limited by his term on the Commission. Any appointed member of the Board may be removed from office without cause by a two-thirds vote of the elected members of Council . Any appointment to fill a vacancy shall be only for the unexpired portion of the term. (Effective 8/1/67) 13,06 The Board of Architectural Review shall elect its Chairman from its appointed membership and the City Planning Director shall be its Secretary, 13.07 The Chairman shall conduct the meetings of the Board, The Secretary shall be responsible for keeping the minutes of the meetings and a permanent record of all resolutions, motions, transactions, and deter- minations, which minutes and records shall be kept available and open to public inspection. All members of the Board shall be entitled to vote and the decisions of the Board shall be determined by a majority of the membership. A quorum of four members present is required before the Board may take any official action. The Board shall meet within twenty-one days after notification by the City Planning Director of an application for a certificate of appropriateness or permit requiring action by the Board. The meetings of the Board shall be open to the public, and a public hearing shall be held by it on all applications coming before it. The Board shall vote and announce its decision on any matter properly before it not later than fourteen days after the conclusion of the public hearing on the matter, unless the time is extended by mutual agreement between the Board and the applicant, The Board shall not reconsider any decision made by it, except in cases where an applicant appears within ninety days with his application amended as hereinafter provided. The Board shall not hear the subject matter of any application which has been denied for a period of one year, except in cases where an applicant appears within ninety days with his application amended as hereinafter provided. In case of disapproval of the erection, reconstruction, alteration or restoration of a building or structure, the Board shall briefly state its reasons therefor in writing, and it may make recommendations 13-2 to the applicant with respect to the appropriateness of design, arrangement, texture, material , color, location, and the like of the 441m' building or structure involved. In case of disapproval accompanied by recommendations, the applicant may again be heard before the Board if within ninety days he comes before the Board with his application so amended that it will comply with all of the recommendations of the Board. In case of disapproval of the razing of a building which existed within the Old and Historic Fairfax District in 1900 or prior thereto, the Board shall state its reasons therefor in writing in some detail . If there be an appeal , the Board shall forthwith forward its reasons to the Council . In matters covering the procedure for meetings not covered by this article, the Board may establish its own rules, provided they are not contrary to the spirit of this article, 13.08 No application for a permit to raze a building which existed in the Old and Historic Fairfax District in the year 1900 or prior thereto shall be considered by the Board unless and until the Secretary to the Board has caused to be prepared an advertisement stating the time, date, and place of the proposed hearing before the Board, the location of the property involved and the nature of the application; and further has caused such advertisements to be published once a week for two successive weeks in some newspaper published or having general circu- lation within the City, the last publication appearing not less than five days nor more than ten days before the published hearing, 13009 The Board shall not consider interior arrangement or features not subject to any public view and shall not make any requirement except for the purpose of preventing development obviously incongruous to the old and historic aspect of the area. The Board shall consider the following in passing upon the appropriateness of architectural features: a. Exterior architectural features, including all signs, which are subject to public view from a public street, way or place, b. General design and arrangement. c. Texture, material , and color. d. The relation of the factors in a, b, and c above to similar features of buildings and structures in the immediate surroundings. eo The extent to which the building or structure would be harmonious with or obviously incongruous to the old and historic aspect of the district. 13-3 f. The extent to which the building or structure will preserve 6 or protect historic places and areas of historic interest in the City, . g. The extent to which the building or structure will promote the general welfare of the City and all citizens by the preservation and protection of historic places and areas of historic interest in the City, h_ The extent to which said preservation and protection will I \66 ; \Ecl \\ i \ ...- i i 1 V6� 1- \62/ — " p, \ \61 Pk • 12. X06 Al 1� \6 - - e X57 -41 • �. S e i X64 ,-- \N' • 162- ti: PI ` 117 • J forth St— N r t — —I oh S t ___7____-.-. 92 i �� � � 115116 / I I • 1 ,..31A • 83 I _ 106 107 ' 111 , .i . _� _� 108 114 in 78 79 80i I10 , 84 1 101 0 9897 112 �_ • 1 Z 95 109 1 113 7A �// c� , 76 � , , , . 91 N •% /' 90 •°) 93 94 127 126 N 124 . / I j' / N �' / 1,';/ / X89 88 T w 131 I • 3 / / ' .', // j'/' 87 128 .—� 130 ' iUN� ' ',//r'I,i� l l -�Y 129 I i ii i NOUN ill So Ave . • / , a�I SoQe i . / e ' j I -2 • 3 // ; L40 I / ' 46A N —, .�3 7 8 ' '/%/ i 44-8 HolDro• • / / f/ I / / I� • N /� / ON-cY s 4 44 - South St ° H �2 1 :3 --E SECTION 14 SCHOOLS 14.01 INTENT: Nursery schools, schools of general instruction, and schools of special instruction) as defined in Section 2 of this ordinance, whether public, private, parochial , or cooperative, are regulated by this section to protect health and safety, to protect neighboring uses from nuisances occasioned by traffic, number of children present, noise, or type of physical activity, and to provide for adequate off-street parking. No provision of this section shall be construed to conflict with any school requirements established by the Commonwealth of Virginia. 14.02 SCREENING REQUIREMENTS: Privacy screening at least 6 feet tall may be required along play area or parking areas abutting a residential lot. Such screening may be vegetative if it meets the height requirement. Play area may be required to be fenced for the safety of the children attending. These requirements shall not be construed to permit fences or walls which may be prohibited by other sections of this ordinance. 14.03 OFF-STREET PARKING REQUIREMENTS: �1�• 14.03.01 In R-1 , R-2 and R-3 zones, no more than two parking spaces shall be provided in the front yard. 14.03.02 No parking areas which consist of three or more parking spaces shall be located in any required setback area or within a distance of 25 feet from any property line in R-1 , R-2 or R-3 zones, or for any school of general instruction. 14.03.03 For nursery schools, or other schools where students are under driving age. Off-street parking areas shall be provided for all parking required for staff and buses, and all loading and unloading. Staff parking shall be provided at the rate of one parking space for each of the maximum number of staff members and employees who will be present at any one time, including shift or session overlap. 14.03.04 For schools of general instruction at the high school level : One off-street parking space for every 10 students • of design capacity. 14-1 14.03.05 For schools of special instruction and for schools of general instruction above the high school level : Off-street parking shall be provided at the rate of one space per every 100 square feet of gross floor space, or one space for every two students and staff, whichever is greater. 14.03.06 All schools using buses shall provide adequate areas for off-street loading and unloading. In the R-1 , R-2 and R-3 zones, one "mini-bus" may be parked as a family passenger vehicle might be parked; parking for any other type of bus or for additional mini-buses shall be provided in the rear yard. 14.04 INDOOR AND OUTDOOR PLAY AREA REQUIREMENTS FOR NURSERY SCHOOLS: 14. 04.01 The design capacity of a nursery school shall be determined by the "available outdoor play area" or the "available indoor play area," whichever is more restrictive. At least 100 square feet of "available outdoor play area," and at least 25 square feet of "available indoor play area" shall be required per child registered per session. The "available outdoor play area" shall be the area located within the building restriction lines exclusive of area covered by buildings, driveways, and parking and loading space. The outdoor play area shall be completely enclosed with a fence at least 4 feet high and shall lie within the building restriction lines. The "available indoor play area" shall consist of the total floor area of rooms used for classes or playing, exclusive of halls, closets , toilet rooms , coat and storage rooms, kitchen, office, sick-child isolation room and living quarters of any staff who live-on the. premises. 14.05 ADDITIONAL PROVISIONS FOR SCHOOLS IN MULTI-FAMILY RESIDENTIAL ZONES: 14. 05.01 In the R-T and M-1 zones, a school may not be located in one or more of the units designed and built to rent or sell as dwelling units, it being the intent of this pro- vision that building space used as a school be specifically designed and built for that purpose. A school shall not be located directly above or below any dwelling unit, and shall not share a party wall with any dwelling unit. IWO 14-2 A school shall have direct access to the out-of-doors, which access shall not be through any hall , foyer, or vestibule serving as entrance or exit for any purpose other than the school entrance and exit. More than one exit may be required for emergency use. Play areas shall be completely fenced and not accessible to children not in attendance. Introduced: November 7, 1967 Adopted: December 5, 1967 14-3 is I • 13. 11 Immediately upon approval by the Board of any erection, reconstruction, alteration or restoration, a certificate of appropriateness signed by the Secretary of the Board and bearing the date of issuance shall be made available to the applicant. Immediately upon approval by the Board of any application to raze a building which existed in the year 1900 or prior thereto, a permit to raze a building existing on or before the year of 1900 signed by the Secretary of the Board and bearing the date of issuance, shall be made available to the applicant. In some instances where the City Council on appeal approves the razing of such a building, a permit to raze a building which existed in the year 1900 or prior thereto, bearing the date of issuance, shall forthwith be signed by the Mayor and made available to the applicant, 13.12 Whenever the Board shall disapprove an application for a permit to raze such a building existing on or before the year 1900, the applicant shall have the right to appeal to and be heard before the City Council of the City of Fairfax, Virginia, provided he files with the Clerk of the City Council on or before fourteen (14) days after the decision of the Board, a notice in writing of his intention to appeal . Upon receipt of such notice, the Clerk of the City Council shall forthwith notify the City Manager who shall schedule a public hearing before the City Council at a time not less than thirty (30) days after the receipt by the Clerk of such notice, but no such hearing shall be had unless and until the City Manager has caused to be prepared an advertisement stating the time, date, and place of the proposed hearing before the Council , the location of the property involved, and the nature of the hearing; and further has caused such advertisement to be published at least once a week for two successive weeks in some newspaper published or having general circulation within the City. On any appeal , the City Council shall conduct a public hearing on the matter, before rendering any decision, which decision shall be final , 13. 13 Nothing in this article shall be construed to be in conflict with any ordinance which permits the razing of unsafe structures. 13.14 If any person shall terder a fee to the City in the sum of $50.00 to cover costs in connection with notice, the City Manager shall cause to be mailed to each such person for a period of one year notice of the respective public hearings on all matters concerning the Old and Historic Fairfax Districts, which notice shall be mailed at least five (5) days before a hearing and shall state the time, date, place, and nature of the proposed hearing and location of the property involved. Section 13 effective 11/18/64, 13-5 - - -- --' • \\ A , II North . .H.1.________r_.--- . • I • ,..31A i• 83 , ' 1'04 ,48 106 i07 i I I 12 \_____t___ • 84 in- l°1 11498 97 95 109 1 113 • ', ,'„,.., /. ,f1 /I' ' / i - i 901 7. OS • , i i/ '.' . n .Nr( ill/ ! . . 129 1 , c Sage' , ; / lt,' , ',/ . ' ' " / 45 , H olibr04\0, 1.4 44-8 . _ • ' 1' 7 ill; / ' . • //) ' 4 . It/ -___,...4„... 4 4 -D. :(A a 2 , �,/.�3„��h73-io,,,, ZONING 313/,? /,st44.:.....„, oRDINANcEli3, ,3,, ..,, P. 1 4 �� 4F i---k : -. , i, w... , ,, ,, , ....; , ,c..,,,_,_ e�_ � ,,13 -1J gg�� , mizo m.� a ilk W ri-A, Iit,c05(i) -.• • ©City of Fairfax 1973 I CITY OF FAIRFAX VIRGINIA CITY OF FAIRFAX, VIRGINIA ZONING ORDINANCE (Amendments through April 8, 1975) TABLE OF CONTENTS Section Title Page Number 1 TITLE OF ORDINANCE 1 2 DEFINITIONS 2-9 3 GENERAL REGULATIONS 10-25 3.01 Established Zones 10-11 3.02 Open Space Requirements 11 3.03 Zone Boundary Line 11 3.04 Enforcement of Ordinance 11 3,05 Location Check 11 3.06 Certificate of Occupancy 11 3.07 Spires and Towers 11 3.o8 Sill , Cornices, Ornamental Features 11 3.o9 Bay Windows , Porches , Balconies, Carports 12 3, 10 Fences 12 3. 101 Ramps for Handicapped 12 3, 11 Fees 12 3, 12 Deleted 12 3, 13 Rezoning Procedures 12-14 3, 14 Apartment Houses (Requirements) 14-15 3, 15 Flood Plain and Drainage Control 15-16 3, 16 Visual Clearance 16 3, 17 Site Plan Requirements 17-25 4 NON-CONFORMING USES 26 5 BOARD OF ZONING APPEALS 27-28 6 OFF-STREET PARKING 29-30 7 SIGNS 31-37 8 VIOLATIONS 38 9 VALIDITY OF ORDINANCE 39 10 EFFECTIVE DATE 40 Section Title Page Number 11 ZONES (Use, Height, Setbacks , Lot Area 41-119 f and Landscaping Requirements) R-1 (Residential) 41-44 R-2 (Residential) 45-48 R-3 (Residential) 49-52 RT-6 (Townhouse) 53-59 RT (Townhouse) 60-66 M-1 (Apartments) 67-69 P-D (Planned Development) 70-85 C-P-D (Commercial Planned Development) 86-97 C1-L (Limited Office) 98-100 C-1 (Commercial) 101-103 C-2 (Commercial) 104-107 C-3 (Commercial) 108-112 I-1 ( Industrial) 113-115 1-2 ( Industrial) 116-119 12 PERFORMANCE STANDARDS 120-122 13 OLD AND HISTORIC FAIRFAX DISTRICTS 123-129 14 SCHOOLS 130-132 15 EROSION AND SEDIMENTATION CONTROL .133-137 16 not designated 17 TREES 138-142 18 ARCHITECTURAL CONTROL DISTRICT 143-148 19 STORM DRAINAGE FACILITIES 149-160 '' ZONING ORDINANCE Town of Fairfax, Virginia SECTION 1 Be it ordained by the Town of Fairfax, Commonwealth of Virginia, as follows: The Town of Fairfax is hereby divided into zones as shown on the zoning schedule hereto attached and the zoning maps filed in the office of the Town Manager. The zoning map and schedule and all the explanatory matter thereon are hereby made a part of this ordinance. This ordinance shall be effective as of December 7, 1960. Wherever reference is made herein to the Town of Fairfax, the City of Fairfax is implied. _ 1 SECTION 2 DEFINITIONS GENERAL: Words used in the present tense include the future. Words in singular number include the plural number and words in the plural number include the singular number. The word "shall" is mandatory. The word "structure" includes the word "building". Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line in relation to which distance is specified_. The word "used" shall be deemed to include designed or intended to be used. The term "Town" shall mean the Town of Fairfax. The term "Board of Zoning Appeals" shall mean the Board of Zoning Appeals of the Town of Fairfax. The term "build- ing inspector" shall mean the building inspector of the Town of Fairfax. ACCESSORY BUILDING: A subordinate building on the same lot with the main building, the use of which is incidental to that of the main building. Example: garage or tool shed. APARTMENT HOUSE: A building used as a residence for three or more families living independently of each other. APPLICABLE LAWS, ORDINANCES AND REGULATIONS: The statutes of the Commonwealth of Virginia, the ordinances of the City of Fairfax and the fire, health, building, electrical and plumbing code adopted pursuant to said ordinances. (Eff. 9/7/65) ARCHITECT: An individual who is certified by the State of Virginia and who is registered with the Virginia Department of Professional and Occupation- al Registration as a Professional Architect. (Eff. 9/7/65) AS BUILT SITE PLAN: A certified site plan showing location of buildings and all on-site and off-site improvements as actually constructed. (Eff. 9/7/65) AUTOMOBILE LAUNDRY: Any area of land including structures thereon that is used or designed to be used for the washing, cleaning and/or waxing of automobiles or other vehicles which may utilize a chain or other conveyor and blower or steam cleaning device, and provided further that such washing or cleaning is performed within a completely enclosed structure; and there shall be no maintenance or repairs of any vehicles. (Eff. 11/3/70) AUTOMOBILE SERVICE STATION: An area of land including any structure thereon used for the retail sale of motor fuel and lubricants and incidental services such as lubrication, hand washing of automobiles and the sale, installation or minor repair of tires , batteries, or other automobile accessories. The term automobile service station shall not include an automobile laundry or a repair garage. (Eff. 11/3/70) 2 BILLBOARDS OR POSTER PANEL: Any sign or advertisement used as an outdoor dis- play for the purpose of making anything known, where the subject matter of the sign is not available on the premises. (Eff. 11/7/67) BOND COMMITTEE: A committee composed of the City Manager, the Director of Public Works and the City Attorney, any two of whom may act. (Eff. 9/7/65) BUILDING: A structure projecting above the level of the ground intended for the shelter, support or enclosure of persons , animals or chattels. When a structure is completely separated into two or more portions by divisional walls from the foundation up without any normal access openings each such portion of the building shall be deemed a separate building. BUILDING RESTRICTION LINE: A line parallel to an abutting street beyond which no structure or appurtenance shall extend. CARPORT: Any space outside a building and contiguous thereto, wholly or partly covered by a roof, and used for the shelter of motor vehicles. An unenclosed carport is a carport with no side enclosure (other than the side of the building to which the carport is contiguous) that is more than 24 inches in height , exclusive of screens. COLLECTOR STREET: A street which connects one or more local streets to a major thoroughfare. (Eff. 1/4/66) COMMUNITY USE: Country clubs, cultural centers , swimming pools , club houses and similar uses for use only by members thereof and not for gain. CORNER LOT: A lot bordering on two streets which intersect at an angle not greater than 135 degrees. (Eff. 1/4/66) DANCING AREA: Any area that is operated in conjunction with and ancillary to a restaurant, provided that the area designated for dancing (including any area used to provide music for said dancing) shall not exceed twenty- five percent of the gross floor area of the restaurant. (Eff. 4/21/70) DEVELOPER: The investor or contract purchaser who promotes a building project. (Eff. 9/7/65) DRIVEWAY: That space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street. (Eff. 9/7/65) DWELLING UNIT: A building or portion thereof having cooking facilities for one family. (Eff. 10/10/72) 3 ELEEMOSYNARY INSTITUTION: An establishment by a private non-profit organization which is not operated for the purpose of carrying on a trade or business , no part of the net earnings of which inures to the benefit of any member of such organization, and which is operated ex- clusively for charitable or benevolent purposes. (Eff. 8/1/72) ENGINEER: An individual who is certified by the State of Virginia and who is registered with the Virginia Department of Professional and Occupational Registration as a Professional Engineer. (Eff. 9/7/65) FAMILY: One person or a group of persons related by blood or marriage, plus not exceeding three additional unrelated persons. FLOOD PLAIN: Any land area along the natural drainage way which is subject to continuous or periodic inundation or flooding as delineated and shown on an official map dated July 19, 1965, on file in the Office of the Director of Public Works as amended by delineations showing "100 year freq. flood level" shown on sheets one through thirty, inclusive, and attached hereto and on file in the office of the Director of Public Works, which map and sheets are made a part of this ordinance by reference. (Eff. 10/71) GOVERNMENTAL USE: Use of land and buildings maintained by any governmental agency for administrative, cultural , educational , health or welfare pur- poses, for water supply, sewerage, police protection or for park, play- ground or automobile parking purposes , but not including any materials or equipment yard. (Eff. 10/10/72) _ HEIGHT: Height shall be measured (on the side of the building nearest the street) from the average ground level to the level of the highest point of the roof in the case of a flat roof and to the point one-half the distance between the eaves and the highest point of the roof in the case of a pitched roof. HOTEL: A building containing sleeping rooms for rental or hire to transients and travelers. The term shall also include motels , motor lodges and tourist cabins, and rooming houses having accommodations for more than eight persons. JUNK YARD: A lot, parcel , tract or structure or part thereof used for the collecting, storage or sale of waste paper, rags , scrap material or other discarded material or for the collecting, dismantling, storage or salvage of one or more vehicles or machinery not in running condition, or for the sale of parts thereof. (Eff. 8/17/71) KENNEL: Any place in or at which dogs are kept under any or more of the following conditions : (a) more than four dogs more than four months of age, 4 or (b) any number of dogs that are kept for the purpose of sale or in connection with the boarding, care or breeding, for which any fee is charged. (Eff. 2/5/64) LAND SURVEYOR: An individual who is certified by the State of Virginia and who is registered with the Virginia Department of Professional and Occupational Registra- tion as a Certified Land Surveyor. (Eff. 9/7/65) LOCAL STREET: A street whose principal purpose is to provide vehicular and pedestrian access to the abutting property which terminates in a loop or cul-de- sac or carries no substantial through traffic. LOT: A separate piece or parcel of land having street or private road frontage which when measured along the right-of-way line equals or exceeds seventy-five (75) percent of the minimum lot width required at the building restriction line for the appropriate zone in which the lot is located. LOT DESCRIPTION legend A corner lot B interior lot - C through lot Street A C " m A a� g `^ B A street LOT, CORNER: A lot bordering on two or more streets or private roads which inter- sect at an angle not greater than 135 degrees. _ LOT, INTERIOR: A lot other than a through lot or .corner lot. LOT, THROUGH: A lot other than a corner lot that has frontage on more than one - street or private road. (Eff. 11/6/72) 5 MAJOR HOME OCCUPATIONS : Those in which there is use of an office or occupational room by a physician, surgeon, dentist , architect , lawyer, engineer, or similar person and such use is (a) conducted entirely within a dwelling which is the bona fide primary residence of the principal practitioner and in which he does in fact reside during non-business hours; and (b) no more than two (2) persons other than the principal practitioner are engaged in the occupation on the premises ; and (c) there is no display of goods , tools , equipment, commercial vehicle, or advertising other than an unilluminated sign not exceeding one square foot in area. The term major home occupation shall exclude any funeral home, kennel , veterinary office, animal hospital , nursery school , and establishment in which goods are offered for sale. (Eff. 4/8/75) MAJOR THOROUGHFARE: A street of four lanes or more. (Eff. 14/66) MINOR HOME OCCUPATIONS: Those in which (a) no person other than a member of the family residing on the premises is engaged in the occupation; (b) there is no visible evidence ( including signs of any size) in the outside appearance of the premises of the conduct of such occupation; (c) the traffic generated is in no greater volume than would normally be expected in the neighborhood; (d) there is no need for parking beyond that normally provided in a residential area; and (e) no equipment is used other .than that normally used for domestic or household purposes. The term minor home occupation shall exclude any funeral home, kennel , veterinary office, animal hospital , nursery school , and establishment in which goods are offered for sale. (Eff. 4/8/75) NON CONFORMING BUILDING OR USE: A building or use lawfully existing at the time of the adoption of this ordinance, or any amendment to this ordinance, which does not conform to the building or use regulations of the district in which it is located. NON-CONFORMING LOCATION: A building lawfully existing at the time of adoption of this ordinance, or any amendment to this ordinance, which does not conform to the building restriction line or setback requirement of this ordinance or any amendment to it. NURSERY SCHOOL: Any place, however designated, operated for the purpose of providing training, guidance, education or care for four or more children, none of whom is over six years of age, separated from their parents or guardians during any part of the day other than from 6:00 p.m. to 6: 00 a.m. , including kindergartens , day nurseries and day care centers. A nursery school shall not be deemed a customary home occupation. (Eff. 12/5/67) OFF-SITE: Any area which does not fall within the boundary of the land to be developed. (Eff. 9/7/65) 6 • ORDINANCE NO. 1975-14 AN ORDINANCE AMENDING AND REENACTING SECTION 3.17(b) OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA, RELATING TO SITE PLAN REQUIREMENTS FOR USES REQUIRING SPECIAL USE PERMITS IN RESIDENTIAL ZONES BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Section 3.17(b) of the Zoning Ordinance of the City of Fairfax, Virginia, be and it hereby is amended and reenacted to read in its entirety as follows: "3.17 "b. Any use requiring a Special Use Permit in R-1, R-2 and R-3 zoning districts except where such special use does not require physical alterations to the lot or buildings thereon." This ordinance shall take effect immediately upon its adoption by the City Council of the City of Fairfax, Virginia. Adopted: April 8, 1975 • 41IP Ma Attest: l� tax-w P . City C1-rk • OP' ORDINANCE NO. 1975-14 AN ORDINANCE AMENDING AND REENACTING SECTION 3.17(b) OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA, RELATING TO SITE PLAN REQUIREMENTS FOR } USES REQUIRING SPECIAL USE PERMITS IN RESIDENTIAL ZONES BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Section 3.17(b) of the Zoning Ordinance of the City of Fairfax, Virginia, be and it hereby is amended and reenacted to read in its entirety as follows: "3.17 "b. Any use requiring a Special Use Permit in R-1, R-2 and R-3 zoning districts except where such special use does not require physical alterations to the lot or buildings thereon." This ordinance shall take effect immediately upon its adoption by the City Council of the City of Fairfax, Virginia. Adopted: April 8, 1975 Maj7•'T Attest: - c fig= ,�a-�• —� City Clerk OFF-STREET PARKING SPACE: Space available on private property and usable for the parking of one motor vehicle having an area of at least 180 square feet per motor vehicle plus sufficient maneuvering area to give access to a street. ON-SITE : That area which is within the boundary of any land to be developed. (Eff. 9/7/65) OPEN SPACE: The total area of land and/or water within the boundaries of a project. designed and intended for use and enjoyment as open areas or improved for recreational purposes , such improvements to include but not be limited to pedestrian ways, play lots , swimming pools , tennis courts, basketball courts , etc. , but not improved with buildings or other structures to be used for other than recreational purposes , streets , roads or parking areas . Open Space includes dedicated open space and common open space. (Eff. 10/10/72) OPEN SPACE COMMON: All space within the boundaries of a project that has been set aside for use by the residents of that project and not dedicated as public lands. (Eff. 10/10/72) OWNER: Party or parties having title to the described property. (Eff. 9/7/65) PERSON: Any person, firm, partnership, association, corporation or other legal entity. PORCH: A projection from an outside wall of a dwelling covered by a roof and/ or sidewalls (other than the sides of the building to which the porch is attached) not more than two feet in height. A porch which projects beyond a set- back or building restriction line may be screened but may not be enclosed with glass , jalousies , canvas, plastic or any solid material to a height exceeding two feet. PYLON-TYPE SIGN: A self-standing sign on a pole, poles or tower, not attached to a building. RESTAURANT: 1 . Any establishment serving prepared food or refreshments which is an inte- gral part of a drug store, office building or similar use; and 2. Any building or part thereof consisting of at least 3,000 square feet and capable of seating at least 95 people, used for the purpose of serving prepared food or refreshments; provided, however, that within any -24-hour period at least 75 per- cent of the customers consume such prepared foods or refreshments within the build- ing while seated at tables , booths or counters, and provided further, that at least 60 percent of the seating capacity consists of tables and/or booths. REVISED SITE PLAN: A site plan showing any proposed changes or revisions to an existing, previously approved site plan. (Eff. 9/7/65) 7 ROOMING HOUSE: Any dwelling containing, in addition to living space for the operator and family, sleeping accommodations for not more than eight non-transient persons, and further the term shall include fraternity and sorority houses without limitation as to the number of sleeping accommodations. Meals may be served to persons living on the premises. SCHOOL OF GENERAL INSTRUCTION: A public, parochial , or private school or college giving regular instruction at least five days each week (except for holidays) for a normal school year of not less than seven months ; but not including (a) a school of special instruction as defined herein; or (b) a nursery school unless conducted as a part of a school of general instruction. (Eff. 12/5/67) SCHOOL OF SPECIAL INSTRUCTION: A school primarily devoted to giving instruction in vocational , professional , commercial , musical , dramatic, artistic, terpsi- chorean, linguistic, scientific, religious or other special subjects, but not including: (a) a nursery school ; (b) a riding school , however designated; or (c) a school for mental defectives. (Eff. 12/5/67) SEMI-DETACHED HOUSE: Two dwellings separated by a party wall , each dwelling being on a separate lot. SERVICE DRIVE: A travel lane on dedicated right-of-way. (Eff. 9/7/65) SETBACK LINE: The setback required from a property line not fronting on d street. SHOPPING CENTER: Two or more commercial establishments planned or operated as a unit with off-street parking provided on the property. (Eff. 11/7/67) SIGN: Any word, numeral , figure, design, trade mark, flag, pennant, twirler, light, display, or device of any kind which, either singly or in any combina- tion, is used to direct, identify, inform, persuade, advertise, or visually attract the attention of the out-of-doors public. (Eff. 11/7/67) SIGN AREA: The total area in the smallest rectangle or rectangles, if the sign is rectangular; or the smallest convex polygon that will contain the entire sign, excluding architectural embellishments and supports on neither of which there is displayed any advertising material or any lighting. For projecting or double-faced signs, one (1) display face shall be measured in computing total sign area where the sign faces are parallel or where the interior angle formed by the faces is forty-five (45) degrees or less. The actual area of any ex- posed tubing or lighting used to outline any part of a lot, other than a sign, shall be included in any computation of sign area; provided that the area of any band of lighting (including a string of individual lights) less than one (1) foot in width, shall be computed at the rate of one (1) square foot for each one (1) foot on the length thereof. (Eff. 11/7/67) 8 SITE PLAN: Detailed drawings indicating all building locations and site im- provements required by Section 3. 17 of this ordinance. (Eff. 9/7/65) STATE: In all places where the word "State" is used, it is intended to mean the Commonwealth of Virginia. (Eff. 9/7/65) STREET: A road or highway either accepted by the City for maintenance or dedi- cated on an approved plat where the dedicator has entered into a contract with the City to construct the same. TOURIST HOME: Any dwelling containing in addition to living quarters for the operator(s) , sleeping accommodations for a maximum of eight transients or travelers. TOWN HOUSE: A single-family dwelling forming one of a series of attached single- family dwellings, separated from one another by a party wall without doors, windows or other provisions for human passage or visibility through such party walls. (Eff. 1/4/66) TRAVEL LANES: That space specifically designated and reserved as the site for the movement of vehicular traffic. (Eff. 9/7/65) 9 SECTION 3 GENERAL REGULATIONS 3.01 No structure shall hereafter be erected; no existing structure shall be moved, altered, added to, enlarged, nor shall any land or structure be used for any purpose not specifically permitted by this ordinance in the zone in which the structure or land is located. There are hereby established the following zones in the City of Fairfax for the general purposes indicated below; (Eff. 4/6/65) R-1 This zone is established to provide areas for single family residences with a minimum lot size of 20,000 square feet. See Section 11 for additional and specific requirements and uses. R-2 This zone is established to provide areas for single family residences with a minimum lot size of 12,500 square feet. See Section 11 for additional and specific requirements and uses. R-3 This zone is established to provide areas for single family residences with a minimum lot size of 9,500 square feet. See Section 11 for additional and specific requirements and uses. R-T This zone is established to provide for single family development and, under certain conditions, the development of town houses. Town house development should occur where development will be consistent with the Master Plan, and involves the re-use of land where older structures are removed or as a transitional use of vacant land where a substantial portion of the property has a common boundary with an I , C or M zone. It is intended that any town house development permitted should result in high quality living units to promote the purposes set forth in Section 15. 1-489, Code of Virginia (1950) , as amended, offering optimum preservation of natural land form and foliage and the clustering of usable open space by the clustering of dwelling units. Clusters of dwelling units should be so arranged to achieve an intimate, internal relationship. Site plans shall be prepared in sufficient detail to permit judgment of compliance with the purpose of this ordinance. (Eff. 1/4/66) M-1 This zone is established to provide areas for multi-family residences of the garden or low rise type. See Sections 3. 14 and 11 for additional and specific requirements and uses. (Eff. 4/17/63) C-1 This zone is established to provide areas for offices for business, governmental and professional uses. See Section 11 for additional and specific requirements and uses. C-2 This zone is established to provide areas for general business establishments and related activity. See Section 11 for additional and specific requirements and uses. 10 C-3 This zone is established to provide areas for business establishments of curb service or drive-in nature and related activity. See Section 11 for additional and specific requirements and uses. I -1 This zone is established to provide areas for light industrial uses, more specifically outlined in Section 11 . 1 -2 This zone is established to provide areas for general industrial uses, more specifically outlined in Section 11 . 3.02 No open space or lot required by this ordinance for a structure shall , during the life of that structure, be occupied by or counted as open space for another building or structure. 3.03 Where a zone boundary line divides a lot in single ownership of record at the time said line is adopted, the regulations for the less- restrictive portion of such lot shall extend not more than 50 feet into the more restrictive portion, provided the lot has frontage on a street in the less-restrictive zone. 3.04 This ordinance shall be enforced by a Zoning Administrator appointed by the City Manager. No land or structure shall be changed in use and no structure shall be erected, altered, added to or enlarged, or moved, until the Zoning Administrator shall have certified that the plans and intended use of the structure and the location thereof are in conformity with this ordinance. The Zoning Administrator shall not approve any application when under this ordinance prior approval of the Planning Commission, Board of Zoning Appeals, Board of Architectural Review or Health Officer is required, until the approval of said Planning Commission, Board of Zoning Appeals, Board of Architectural Review or Health Officer is obtained. (Eff. 4/6/65) 3.05 Location Check: No building, except additions or accessories to existing dwelling, shall proceed beyond first floor level until the location of the footings and walls as shown by certified surveyor's plat thereof, has been approved by the Zoning Administrator. 3.06 Certificate of Occupancy: No land or structure hereafter erected, moved or altered in its use shall be used until the Zoning Administrator shall have issued a certificate of occupancy stating that such land or structure and its location is found to be in conformity with the provisions of this ordinance and all other applicable ordinances. 3.07 Spires and towers not used for human habitation, excluding signs, may extend above the height of limitation herein fixed. Walls and similar projections not used for human habitation, excluding signs, may extend above the height limitation not exceeding 5 feet. 3.08 Sills, cornices and similar ornamental features may project not exceeding 18 inches beyond any required setback or building restriction line. 11 3.09 Bay windows , porches, balconies and similar features may project not exceeding three feet beyond any required setback or building restriction line. Setback and building restriction lines shall not apply to terraces , patios and un-roofed porches on ground level . 3. 10 Fences : Building restriction lines and setback requirements shall not apply to fences , walls , trees, hedges and shrubbery. 3. 101 All curbs shall include not less than two ramps per lineal block leading to the crosswalks at intersections for use of handicapped persons. No such ramps shall be required for curbs in place on January 1 , 1975; provided, however, that upon replacement of the said curbs thereafter, ramps leading to crosswalks shall be required at intersections. (Effective 3/11/7.5) 3. 11 The following fees shall be required of all applicants for zoning permits : Occupancy Permits $ 5.00 Rezoning Application 150.00 On any rezoning application, the Applicant, in addition to the fee hereinabove provided, shall pay the postage costs necessary for sending notice, by registered or certified mail , to the owners , their agent or occupant required under Section 3. 131 and Section 3. 133 for change in zoning. If any hearing on any rezoning appli- cation pursuant to Section 3. 131 or 3. 133 is continued at Applicant ' s request or consent, in addition to the fee and costs previously paid, the Applicant shall pay the additional postage costs necessary for sending notice by registered or certified mail to the owners , their agent or occupant required under Section 3. 131 or Section 3. 133 for change in zoning. (Effective 11/12/74) 3. 12 Deleted 11/7/67. 3. 13 Procedures (Effective 2/5/64) . 3. 131 Application for change of zoning (amendment to the zoning map) shall be made by the owner, contract owner or optionee of the property on forms prescribed by the Zoning Administrator, accompanied by a plat bearing a certification date within six months of the date of filing such applications prepared by a certified surveyor, together with a list under oath, sworn to by the Applicant, his attorney or agent of the owners , their agent or occupant required by this Section and Section 3. 133, and the fee and costs required under Section 3. 11 . All applications shall be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed rezoning shall be advertised by publication once a week for two 12 successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than twelve days nor more than twenty-eight days after the second advertisement shall appear in such newspaper. At least ten days prior to the date of any public hearing before the Planning Commission on any proposed change in zoning, the property shall be posted by the City and the Planning Commission shall cause written notice to be sent by registered or certified mail to the owners , their agent or the occupant of each parcel involved , and to the owners , their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected. Written notice as provided in this section shall also be sent by registered or certified mail to the owners , their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected when such abutting ar immediately across the street or road property lies in the County of Fairfax. In the event any hearing is continued at applicant's request or consent, the written notice shall be remailed at the cost of the applicant. (Effective 11/12/74) 3. 132 Any comprehensive plan, or amendment thereto, or other amendment to this ordinance shall originate or be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed plan, or amendment thereto, or other amendment to this ordinance shall be advertised by publication once a week for two successive weeks in a news- paper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views , not less than twelve days nor more than twenty-eight days after the second adver- tisement shall appear in such newspaper. (Effective 11/12/74) 3. 133 After the public hearing before the Planning Commission, the Planning Commission shall submit its recommendation to the City Council , but no application for change of zoning, comprehensive plan, or amendment thereto, or other amendment to this ordinance shall be acted upon by the City Council until advertised by publication once a week for two successive weeks in a newspaper published in or having general circu- lation in the City of Fairfax. Such notice shall specify the time and place of a public hearing before the City Council at which persons affected may appear and present their views, not less than twelve nor more than twenty-eight days after the second advertisement shall appear in such newspaper. At least ten days prior to the date of any public hearing before the City Council on any proposed change in zoning, the property shall be posted by the City and the City Council shall cause written notice to be sent by registered or certified mail to the owners, their agent or the occupant, of each parcel involved, and to the owners, their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected. Written notice as provided in this section shall also be sent by registered or certified mail to the owners , their agent or the occupant , of all abutting property and property immediately across the street or road from the property affected when such 13 abutting or immediately across the street or road property lies in the County of Fairfax. In the event any hearing is continued at applicant' s request or consent, the written notice shall be remailed at the cost of the applicant. (Effective -21.41,*74�- r 3. 134 Upon the denial of any application filed pursuant to Section 3. 131 for change in zoning, no further application shall be filed pursuant to Section 3. 131 within twelve months for change in zoning of any or all of the same property involved in the denied application to the same zoning category applied for in the denied application. The term "zoning category" as used in this section shall mean residential , commercial , apartment or industrial . The applicant may withdraw any application filed pursuant to Section 3. 131 at any time before the matter is called on the agenda of the City Council for the advertised public hearing. Thereafter such application may be withdrawn only upon the affirmative vote ofa majority of the City Council present and voting. The City Council may initiate action on a proposed change in zoning by referring said proposal to the Planning Commission for a legally advertised public hearing whether or not an application for change in zoning of any or all of the same property to the same zoning category has been denied within the preceding twelve months.1 3. 14 Apartment Houses. (Effective 4/17/63) 3. 141 Area Requirements : Any lot or tract used for apartment houses shall have a minimum of 10,000 square feet for the first living unit in each apartment house. For additional living units in any particular apartment house, the following areas shall be added to the 10,000 square feet requirement: Number of Rooms Lot Area Requirements per Living Unit per Living Unit 1 1500 sq. ft. 2 2000 sq. ft. 3 2500 sq. ft. 4 3000 sq. ft. Kitchen and baths shall not be included in determining the number of rooms in a given living unit. 3. 142 Apartment House Setbacks: a. No apartment house or its accessory structures shall be located less than 100 feet from the center line of any boundary street nor less than 30 feet from the right-of-way of any service drive paralleling a boundary street, nor less than 60 feet from the center line of any interior street. 14 b. No apartment house shall be located less than 50 feet from any side or rear property line. No accessory building shall be located less than 25 feet from any apartment house nor less than 25 feet from any side or rear property line. No parking lot shall be located less than 25 feet from any side or rear property line. c. If any of the structures in an apartment house project are so located that the front or rear of one structure faces any other structure, a distance of not less than 60 feet shall separate such structures; if any of the structures are arranged in a row, end to end, no such structure shall be closer to any other such structure than a distance equal to the average of their heights. 3. 143 Percentage of Lot Coverage: Apartment houses , including accessory building, on any lot, shall not cover more than 25% of the area of such lot. There shall be included in the percentage of lot covered 180 square feet of parking space for each living unit, plus sufficient maneuvering area to give access to a public street. 3. 15 Flood Plain and Drainage Control . 3. 151 Flood Plain Land Use: a) No structure or addition to any existing structure increasing the outside perimeter of such structure shall be erected in the flood plain. b) Structures of which the underside of the lowest floor (including cellar or basement) are contiguosly adjacent to a flood plain shall be a minimum of eighteen (18) inches above the flood plain. c) Where the approved subdivision plat delineates flood plain limits , structures will be permitted on portions of that lot which are outside of the flood plain area. d) No materials shall be stored in the flood plain areas that would increase stream flow resistance, reduce water retention volume, introduce matter into the stream which could clog it or cause the same to be polluted with animal waste, garbage, debris, refuse, petroleum products, soap detergents, etc. 3. 152 Flood Plain Land Alteration: Flood plain land is considered to be a part of the Storm Drainage Facility Channel and therefore is subject to any requirements pertaining to storm drainage facilities as may be hereinafter enacted. 15 3. 153 Responsibility of Builders or Developers. The approval of any construction or change pursuant to the ordinance shall not consti- tute a representation, guarantee or warranty of any kind or nature by the City of Fairfax or by any board, commission, agent, officers or employee thereof of the practicability or safety of any structures or other plan proposed and shall create no liability on the part of or give rise to any cause of action against said City or commission, officer, agent or employee for any loss or damage that may result therefrom. (Effective 9/10/74) 3. 16 Visual Clearance: 3. 161 Corner lots: On any corner lot in any district except RT and P-D there shall be no planting, structure, retaining wall , fence, shrubbery, or other visual obstruction higher than a height of two (2) feet six (6) inches above the street level within the imaginary prism formed at said corner by the intersecting right-of- way lines and a line connecting two points each twenty-five (25) feet from their interesection with a height, as stated above, measured along -said right-of-way lines as illustrated below (Effective 3/11/75) ►y I .. /, , 11 " o: o 3. 162 In the interest of traffic and pedestrian safety, the Zoning Admin- istrator may determine that, due to street configuration or slope of the land at or near a given intersection, or at any lot along a public thoroughfare, visual clearance is inadequate for traffic and pedestriar safety and may require the removal of such obstruction. The Zoning Administrator shall state such determination in writing and give due notice to the affected property owner. The property owner affected by such determination of the Zoning Administrator may appeal to the Board of Zoning Appeals in accordance with Section 5.07. (Effective 3, 16 3. 17 DEVELOPMENT OR LAND USE REQUIRING A SITE PLAN. A plan of development or site plan shall be filed by an owner or developer of property and must be approved by the Director of Public Works in each of the following instances: a. Any use or development of property located in any zoning district other than R-1 , R-2 and R-3. b. Any use requiring a Special Use Permit. in R-1 , R-2 and R-3 zoning districts. c. No site plan approval shall be required for any temporary public use when such use does not exceed thirty (30) days. (Eff. l2/2/6S 3. 171 No building permit or certificate of occupancy shall be issued until the required site plan of the proposed use or development shall have been approved by the Director of Public Works as the City official with responsibility for processing site plans. (Eff. 12/2/69) . 3. 172 PROCEDURE: a. The owner or developer shall submit to the Director of Public Works a site plan prepared and certified by an engineer , architect , or land surveyor , as defined by this ordinance. Seven (7) prints of the site plan at a scale of not less than one ( 1) inch equals fifty (50) feet, together with all information required by this ordinance shall be submitted. All plans shall be on either 24' x 36' material or suitable for folding to that size. b. Notice required: Prior to consideration by the Director of Publi .- Works , the applicant shall notif in writing five property owners in the immediate vicinity of th ite involved , two of whom shall be owners of property adjoining th, .ite, that the site plan has been filed and will be considered by the Director of Public Work' ten ( 10) days after receipt of the notice. Postal receipts of certified mail at- tached to a copy of the notice shall be sufficient proof of delivery. c. Objections to the approval of a site plan may be filed with the Director of Public Works by any interested party and shall be filed in writing within the period prescribed in the notice. d. The Director of Public Works shall notify the applicant and any objectors of his decision to approve or disapprove the applicant 's site plan. An appeal from any final decision of the Director of Public Works shall be made to the Board of Zoning Appeals pursuant to law. (Eff. 12/2/69) . - 3. 173 INFORMATION REQUIRED: a. Plot and location plan with: 17 1 . Location and dimensions of building(s) on site showing distance to side lot lines and center lines of adjacent streets. 2. Location and dimensions of proposed and existing driveways and curb cuts on site and adjacent properties. 3. Location and general design of proposed and existing sidewalks and open space. 4. Location and dimensions of proposed and existing surface parking and loading areas. 5. Boundary of the entire tract by courses and distances with reference to true meridian and area of the tract. 6. Existing widths of any streets and sidewalks adjoining the tract giving right-of-way and pavement widths. 7. Front , side and rear yard setbacks. 8. Relation of site to roadway median strips with existing and proposed openings in median strips. 9. Proposed elevations at control points such as driveways, ramps, etc. 10. Zoning of the tract. 11 . Present record owner of the tract and contract purchaser, if any. • 12. Owner , zoning and present use of all contiguous property. 13. Vicinity map showing location of tract at scale of not less than one (1) inch equals two thousand (2,000) feet. 14. Certified topographic map of parcel at a minimum two (2) foot contour interval , showing existing and proposed contours. 15. Certificate signed by the surveyor or engineer setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chain of title. 16. Provisions for the adequate disposition of natural and storm water in accordance with the duly adopted design criteria and standards of the City, indicating location, sizes , types and grades of ditches, catch basins and pipes and connections to existing drainage. 17. USC & GS Datum used for all elevations shown and showing location and elevation of benchmark used. (Eff. 12/2/69). b. Vertical cross sectional view with: 1. Height of proposed building(s). 18 2. Number of stories. 3. Height , location and general design of structures proposed above the building height limit. 4. Location and access to underground parking. 5. Proposed floor grades of each floor, including basements and boiler rooms. c. Typical floor plan with dimensions. d. Plan of each non-typical floor with: 1 . Location and square foot area of any permitted accessory or proposed conditional use as permitted by the ordinance. 2. Access to any accessory,personal or convenience service uses. 3. Number and individual area of guest rooms in any hotel or motor hotel use. e. Plan of each floor of parking garage. f. Utility plan with: 1 . Location of all existing underground utilities such as water, sewer , gas , electric and telephone cables , etc. , both within the property, and in adjacent streets 2. Location of all surface facilities such as sidewalks , curb, gutter, etc. 3. Fencing , walls and screening to be preserved , erected or planted, type, height and location. 4. All proposed changes , additions , or deletions to "1" and "2" above, together with a notation as to any City responsibilities thereto. g. The following data will be supplied in tabular form where applicable: 1 . Area in square feet of parcel . 2. Maximum allowable gross floor area. 3. Proposed gross floor area. 4. Number and type of any dwelling units. 19 5. Number of parking spaces or square feet of area required by Section 6 - Zoning Ordinance. 6. Number of proposed parking spaces or square feet of area. 7. Maximum allowable area - personal or convenience service accessory uses. 8. Proposed area - personal or convenience service accessory uses , restaurant , cafe, or soda fountain uses. 9. Maximum allowable coverage. 10. Proposed coverage. 11 . Amount of impervious area in square feet for purpose of calculating storm water runoff. 3. 174 REVIEWS , STANDARDS AND REGULATIONS: The Director of Public Works shall review all site plans which are submitted to him pursuant hereto. He shall consult with the Zoning Administrator and the Planning Director , and may consult with the Health Director, or any other City official . The Director of Public Works shall consider the site plan in conjunction with the following standards and regulations: a. Compliance with the requirements of the Zoning Ordinance including setbacks , side yards and rear yards , height of building, lot area and lot coverage, fencing and screening. b. Location and adequacy of automobile parking as to number of spaces , square footage per space including movement lanes , and total area. c. Adequate provision for traffic circulation and control within the site and providing access to adjoining property. d. Adequacy of water supply, fire protection and sanitary sewer facilities. e. Compliance with applicable established design criteria , construction standards and specifications for all required public improvements. f. Location of walkways so that pedestrians may walk from store to store or building to building within the site and to adjacent sites. g. Connection wherever possible of all walkways , travel lanes and driveways with related facilities in adjacent properties. h. Screening from adjacent residential property shall conform as nearly as practicable to the standard illustrated in Figure 2. 20 i . Extension or construction of service roads or drives and access thereto on property bordering a State primary highway, provided the setback requirement shall be no greater if the service road or drive is dedicated or within an easement than the setback required without the dedication or easement, except that in no event shall the building be erected closer than ten (10) feet from the closest right-of-way line or easement line. j . Proof of any easements required in order to develop or use the property as shown on the site plan, clearly defining the purpose intended for each easement. k. Dedication of easements and rights-of-way for streets, service roads and other facilities to be maintained by the City and for the construction and maintenance thereof. 1. Curb and gutter travel lanes or driveways that provide vehicular travel to and from parking areas of adjacent property. m. Adequate no-parking signs along such travel lanes or driveways. n. Adequate drainage systems for the disposition of storm and natural waters. (Effective 12/2/69) o. Landscaping in all commercial , industrial , apartment and planned development parking areas which have twenty or more parking spaces, as follows. 1 . For every 20 spaces provided, one planting area of no less than 9' X 20' shall be required, and this area shall either be spaced between each 20 parking spaces or otherwise randomly combined or spaced to provide a planting area consistent with good design standards as approved by the City Director of Public Works or his designee and shall be landscaped; however, in no case shall any given planting area exceed 540 square feet. 2. In addition to the landscaping, there shall be one tree no less than 10 feet high with no less than a 2" to 22" caliber capable of providing shade at maturity located in each planting area. The type of tree and the landscaping must be approved by the City Director of Public Works or his designee. 21 3. For each planting area of no less than 9' X 20' that is required in paragraph 1 , the developer will be given credit for providing one required parking - space. 4. The owners and their agents shall be responsible for providing, protecting, and maintaining all landscaping in healthy and growing condition, replacing it when necessary, and keeping it free of refuse and debris. 5. Shrubbery, hedges and other live planting material may be used to complement the tree landscaping but shall not constitute the sole landscaping. 6. This landscaping requirement is in addition to all other landscaping requirements in the Zoning Ordinance. (Effective 2/5/74) 3. 175 COMPLETION AGREEMENT AND BOND a. Prior to approval of any site plan, there shall be executed by the owner or developer and submitted with the site plan an agreement in form and substance as approved by the City to construct such required physical improvements located within public rights-of-way or easements or connected to any public facility, together with a surety bond. The bond shall be in the amount of the estimated cost of the required physical improvements as determined by the Director of Public Works. The aforesaid agreement and bond shall be provided to insure completion of all work or improvements therein stated within the time cited in the agreement and determined by the Director of Public Works. The completion time may be extended by the City Manager upon written application by the owner or developer, signed by all parties to the original agreement and to the bond. No extension shall be issued without the express consent of the surety on the bond. The adequacy, conditions and acceptability of any bond hereunder shall be determined by the Bond Committee. In any case where the Bond Committee has rejected any such agreement or bond, the owner or developer may appeal from such decision to the City Council , provided the owner or developer has paid to the City of Fairfax the required filing fee. b. Upon completion of the required improvements for which the City has received a completion agreement and bond, the developer or owner may apply to the Director of Public Works in writing for a Certificate of Completion and Discharge of Bond. If the work is found by the Director to conform to the approved site plan, applicable regulations and City ordinances , he shall issue the Certificate within 'Flirty (30) days of receipt of the application. The Director shall 22 TYPICAL SECTION FOR SCREENING 12' k 1/3 TOTAL 1, 1/3 TOTAL 1/ TOTAL 6' HIGH STOCKADE FENC 6' HIGH EVERGREEN WITH SMOOTH , TREES 5' ON 'ILr SIDE TOWARDS ,' CENTERS RESIDENTIAL 7 . DISTRICT 2 1/2' HIGH EVERGREEN -J `—' SHRUBS 5' ON CENTERS E — H cc c u. Cc — W W_ o 6 a' Z . i I� Z ir:is� W N W O �- r. t cc _ ...:c p fy:ifir---ii 1 ��L ~t O N,.. i ' or -7- ,,,s, �i I O. W . ___/, ',/ 1 / /<\/ N V VP r /^V4 .I. TYPE OF EVERGREEN TREES, SHRUBS AND NURSERY STOCK TO BE APPROVED BY THE CITY HORTICULTURIST TYPICAL PLAN FOR SCREENING RESIDENTIAL DISTRICT —_ PROPERTY 5, '1 2 1/2' EVERGREEN SHRUBS 1/3 TOTAL 0/-34 n * $ - , e ,c-, -.7 404 * 24-- 6 EVERGREEN TEES 1/3 TOTAL _cj 5 1/3 TOTAL SMOOTH SIDE-6' HIGH STOCKADE FENCE ,nom.. .►.w7.....� -- - - - - --�-- POST SIDE APARTMENT-COMMERCIAL OR INDUSTRIAL DISTRICT Figure 2. 23 within said thirty (30) days notify the applicant and obligors on the bond of any defects or noncompliance which require further work and thereafter he shall not issue the Certificate until the required work has been completed. 3. 176 APPROVAL All site plans submitted pursuant hereto and which conform tc the requirements and standards contained in this article shall be approved by the Director of Public Works. (Eff. 12/2/69) . 9 177 INSPECTION AND SUPERVISION DURING INSTALLATION a. Unless otherwise provided in this chapter, the construction standards for all off-site and on-site improvements required by this article shall conform to the City of Fairfax plumbing , building , electrical , fire and health codes., and other applicable laws , ordinances and regulations. The Director of Public Works shall approve the plans and specifications for all required improvements , and shall supervise inspection of the construction of such improvements to assure conformity therewith. b. The developer or owner shall notify the Director of Public Works not less than twenty-four (24) hours prior to undertaking construction of all streets , storm sewer work asid other facilities to be publicly maintained. c. The developer or owner shall provide adequate supervision of all work undertaken by him or his subcontractors , and shall have a responsible superintendent or foreman, together with one . et of approved plans , profiles and specifications , available at the site at all times while work is being performed. d. The installation of improvements as required in this article shall in no case serve to bind the City to accept such improvements for the maintenance, repair or operation thereof , but such acceptance shall be subject to the existing laws and regulations concerning the acceptance of each type of improvement. e. Upon completion of all off-site improvements and discharge of the performance bond, the owner or developer shall provide a two- year warranty bond with surety equal to 10% of the original completion bond and in a form satisfactory to the City. 3. 178 BUILDINGS TO COMPLY WITH SITE PLANS: CERTIFICATES OF OCCUPANCY. a. No permit or Certificate of Occupancy shall be issued for any structure which does not conform to an approved site plan. A temporary Certificate of Occupancy shall be issued for a completed section of a project covered by a single site plan provided the completed section conforms to the approved site plan and applicable laws , ordinances and regulations , and provided further that all improvements , both off-site and on-site, and all utilities and 2)4 services which pertain to the completed section conform to the site plan and have been inspected and approved. A temporary Certificate of Occupancy shall not be valid beyond ninety (90) days from issuance, but may be renewed upon application provided all other work in progress conforms to the approved site plan and applicable laws, ordinances and regulations. b. A permanent Certificate of Occupancy shall be issued when: 1 . The buildings are found to conform to the approved site plan and all applicable laws , ordinances and regulations. Upon application by an owner or developer , the Director of Public Works shall forthwith cause all necessary inspections to be made and within thirty (30) days of said application, shall issue the Certificate or he shall notify the applicant in writing of the reasons for denial of the Certificate. No application shall be denied except for good cause and for noncompliance with applicable laws , ordinances and regulations. The granting of a Certificate of Occupancy shall not of itself constitute release of the completion agreement and surety bond furnished pursuant to Section 3. 177 b hereof; and 2. The owner or developer shall have filed a certified "As Built" site plan. The "As Built" site plan may be a copy of the original approved site plan with an affidavit attached that all construction has been completed in compliance therewith or shall be a plan showing all deviations from the approved site plan with an affidavit attached stating that no deviations exist except those shown. The "As Built" site plan shall be filed and certified by an engineer , architect or land surveyor as defined by this ordinance. 3. 179 FILING FEES The following fees shall be paid upon filing a site plan: Site Plan - Twenty dollars ($20.00) , plus the following where applicable: (a) Forty cents per dwelling unit for each apartment unit. (b) One dollar ($ 1 . 00) per 1 ,000 square feet of gross floor area of all commercial structures. (c) Fifty cents ($0.50) per 1 ,000 square feet of gross floor area of all industrial structures. 3. 180 TIME OF VALIDITY OF APPROVED SITE PLANS. An approved site plan shall become null and void if no significant work is done or development is made on the site within twelve (12) months after approval . The Director of Public Works may grant a single one-year extension upon written request of the applicant made at least thirty (30) days before the expiration of the approved site plan. (Eff. 12/2/69). 25 SECTION 4 Non-Conforming Uses 4.01 INTENT : It, is the intent of the section that non-conforming uses are inconsistent with the purpose of this Chapter, that they are recognized and permitted to continue only because they are antecedent to the ordinance , that they be restricted closely, and that although they may be continued, they shall not be enlarged or extended. (Eff. 11/15/66) 4.02 No structure, or land in which a non-conforming use is abandoned for a period of two years or is superceded by a permitted use subsequent to the enactment of this ordinance shall again be devoted to such non-conforming use. (Eff. 11/15/61 4.03 Any non-conforming structure or land which is hereafter damaged to an extent exceeding 60 percent of its then value by fire, explosion, earthquake, flood, storm or act of God may not be restored, reconstructed or used for any purpose other than use or purpose permissible under this ordinance. 4,04 Any building in a non-conforming location which is hereafter damaged to an extent exceeding 75 percent of its then value by fire, explosion, earthquake, flood. storm or act of God may not be restored except in conformity with the building restriction and set back requirements of this ordinance. 4.05 Nothing in this ordinance shall prevent structural alterations which may be required to restore to a safe or lawful condition any part of a building deemed unsafe or unlawful . 06 An enlargement ., extension, reconstruction or structural alteration of a non- conforming use in a Commercial -2 zone may be authorized by special use permit issued by the Board of Zoning Appeals, subject to such conditions, bonds, and guarantees as the Board may deem necessary in the public interest , provided that such use is permitted in another commercial zone and, provided further that the use for which an extension or enlargement is sought conforms to the minimum lot requirement in the zone where it is permitted and, after con- struction of the extension or enlargement proposed, the entire structure or structures will meet all other requirements for such a use in the zone where it is permitted including those governing side, rear and front setbacks. (Eff. 11/15 4,07 Non-conforming Signs: Any sign or sign structure legally existing at the time of enactment of this ordinance. but not in conformity with its provisions, may be continued with the following limitations: Any sign or sign structure which does not conform to this ordinance may not be: a. Changed to another non-conforming use. b. Extended except in conformity with this ordinance. c. Re-established after discontinuance for six months, or d. Rebuilt after damage exceeding two-thirds of its value immediately prior to damage No sign found by the Town Manager to a nuisance under the provisions of Section 7 shall be allowed to continue as a non-conforming use and shall be removed immediately , (Eff. 11/15/66) 26 SECTION 5 Board of Zoning Appeals 5.01 A Board of Zoning Appeals is hereby established. The membership shall con- sist of five members appointed in pursuance of Section 15-968.8 of the Code of Virginia. (Effective 2/5/64) 5.02 Appeals to the Board may be taken by any person or persons aggrieved, or their agents, or by any employee or official of the City. 5.03 Whenever an appeal is made to the Board the Board shall , within thirty days thereafter, advertise by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of hearing of such appeal . This hearing shall be not less than twelve nor more than twenty-eight days after final publication of the notice. At least ten days prior to the date of any such hearing before the Board of Zoning Appeals the property shall be posted by the City and the applicant shall notify at least five adjacent or neighboring property owners by certified mail . (Effective 11/12/74) 5.04 No order of the Board permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve months , unless build- ing permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in accordance with said permit(s) . In the event said order does not involve the construction of any building the order of the Board permitting the use shall not be valid for a period exceeding six months unless such use is established within six months. 5.05 Upon appeals the Board shall determine the exact location of any zone boundary line where there is a dispute. 5.06 Upon appeals the Board shall interpret the words of the ordinance where there is a dispute as to the meaning. 5.07 The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, determination or refusal made by the Zoning Administrator, Town Manager, Town Engineer or other adminis- trative official acting under this ordinance. 5.08 The Board is hereby empowered to grant special use permits in those cases provided in the zoning schedule when in the judgment of the Board such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. 27 5.09 The Board of Zoning Appeals in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular & pedestrian traffic, taking into consid- eration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets , the safety of children living in the area, the location, height and design of buildings , walls , fences and land- scaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. 5. 10 The Board of Zoning Appeals shall have the power, except as otherwise provided, to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the Town Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Board shall be guided by the standards and considerations as set forth in Paragraph 5.09. 5. 11 Where by reason of exceptional shape or area, exceptional topographic conditions , conditions created by a condemnation, or other extraordinary or exceptional situation or condition, wherein the application of this ordinance would result in peculiar and exceptional practical difficulty or hardship upon the owner of such property, the Board shall have the power to grant a variance from this ordinance so as to relieve such difficulties or hardships, provided such relief can be granted without substantially impairing the intent and purpose of this ordinance. 5. 12 The City Council hereby reserves to itself the right to authorize any variance from the height limitation found in any zoning category. (Effective 5/15/73) 28 SECTION 6 OFF-STREET PARKING Off-street parking space shall be provided together with sufficient maneuvering area and access to a public street. Such area shall be deemed to be required open space to associate with the permitted use and may not thereafter be reduced or encroached upon in any manner. The following are established as minimum requirements. 6.01 Dwelling: One parking space for each dwelling. 6.02 Apartment House: One and one-quarter parking space for each living unit. 6.03 Hotels and Tourist Homes: One parking space for each room offered for tourist accommodations. 6.04 Rooming Houses: One parking space for each room offered for rent. 6.05 Stores and other business, trades or services other than industrial : One parking space for each 100 square feet of store floor or merchandising area. 6.06 Theater, auditorium, church, club, community use or any other place of assembly: One parking space for each five seats based on maximum seating capacity. 6.07 Office Building: One parking space for each 250 feet of office floor area. 6.08 Industrial : One parking space for each one and one-half employees to be employed upon the premises. 6.09 Where such space cannot be reasonably provided on the same lot with the principal use, the Board of Zoning Appeals may permit such space to be located on other off-street property. 6. 10 No off-street parking shall be permitted within five feet of any street right-of-way line. 6. 11 Town House: Every dwelling unit shall have provided for it a minimum of two (2) off-street parking spaces. Required parking may be located in parking areas convenient to the unit for which required, or located entirely within the lot area. Parking spaces located within the lot area shall be completely enclosed. Parking in common parking areas shall not exceed thirty (30) vehicles per parking area, provided that there be permitted one parking area of fifty (50) parking spaces for each five acres of gross area in the town house development. Common parking areas shall be no less than fifty (50) feet apart. In common parking areas, no more than ten (10) parking spaces may be grouped without a landscaped divider at least ten ( 10) feet in width separating such groups. (Eff. 1/4/66) 6.12 Schools: See Section 14 for parking requirements. (Eff. 12/5/67) 29 6. 13 Automobile Laundry: Twenty (20) standing spaces per wash bay, plus five (5) additional spaces for employee parking and storage, plus an area capable of handling four (4) automobiles for the purpose of wiping or drying. Said wiping area shall be immediately adjacent to or in front of the exit of the automobile laundry. (Eff. 11/3/70) 6. 14 Automobile Service Station:- Two (2) spaces per service bay plus four (4) additional spaces for employee. (Eff. 11/3/70) 30 SECTION 7 SIGNS A . INTENT It is intended by this ordinance to regulate all signs, billboards, and other displays or devices to direct , identify, inform, persuade, adver- tise or attract attention, herein called "signs", in order to promote the health, safety, morals, and general welfare of the inhabitants and property within the City. This ordinance shall not be used to limit illumination pre- scribed for safety purposes by the Illuminating Engineers Society. B . EXCLUSION FROM DEFINITION The following signs shall not be subject to regulation hereunder: 1 . Signs or plates on residential structures or premises giving the name or address of the occupant , mail boxes, paper tubes and similar uses customarily associated with residential use. 2 . Signs posted upon property relating to private parking or warning the public against trespassing or against danger from animals. 3. Municipal , County, State and Federal signs, including necessary traffic signs. 4. Historical markers, monuments or signs erected by public authorit 5. Official notices or advertisements posted or displayed by or under the direction of any public court official in the performance of his official or directed duties, or by trustees under deeds of trust or other similar instruments. C . REGULATIONS The following regulations shall apply to signs in all districts: 1 . Attached Signs: (a) Sign Placement - Every sign greater than four (4) square feet in area shall be placed flat against the building, projecting no more than twelve (12) inches, except as otherwise permitted. 11/7/67 31 (b) Sign Height - In no case shall any sign extend more than three (3) feet above the height of the building measured from the actual roof line in the case of a flat roof; from the eaves or the lowest point of the roof in the case of a hip or gable roof; provided that if the building is constructed with parapets, the sign shall be no more than three (3) feet above the parapet, but in no case shall the sign be more than six (6) feet above the actual roof. 2. Free-Standing Signs: (a) In no case shall any free-standing sign exceed a height of twenty (20) feet measured from the nearest curb elevation as established by the City Engineer or the base of the sign, whichever is lower; provided that a sign that is not closer than fifty (50) feet from a street right-of-way line may have a height of forty (40) feet. (b) No sign shall be located within the front fifteen (15) feet of any required setback. 3. Signs Adjacent to Residential Districts: No illuminated sign shall be permitted within one hundred (100) feet of any "R", "M" or "R-T" District. No sign within three hundred (300) feet shall be illuminated between the hours of 12:00 midnight and 6:00 a.m. 4. Sign Illumination: Unless otherwise expressly prohibited, signs may be illuminated, provided that lighting directed toward a sign shall be shielded in such a manner so as to illuminate only the face of the sign. b. SIGNS PERMITTED WITHOUT A PERMIT The following signs are permitted without a permit provided they conform to the regulations of the district in which they are to be located as to size, location and type of construction: 1 . Church signs on church property (not to exceed twenty-four (24) square feet, white lighted) . 2. Signs on interior window glass, regardless of size. 3. Signs advertising for rent, sale or lease of dwellings in "R" and "R-T" zones, limited to a maximum total area of four (4) square feet per dwelling; provided that said sign shall not be illuminated. 4. Traffic signs, not exceeding two (2) square feet in area, indicating entrance or exit. 11/7/67 32 5. Any flag, badge , or insignia customarily displayed by any government or governmental agency or by any charitable , civic, fraternal , patriotic, religious or similar organization , and customary temporary lighting and displays as a part of holiday decorations. 6. Signs relating to customary home occupations allowed in Section 2.09. 7. No permit shall be required to change movable lettering on a permitted sign. 8. Political signs at a polling place for a period not to exceed twenty-four (24) hours . (Eff. 10/7/69) E. SIGNS PERMITTED WITH A PERMIT The following signs are permitted , subject to the issuance of a permit by the Zoning Administrator; and provided further that the permit number shall be affixed to the sign in a conspicuous place. 1 . "R" and "R-T" Districts : A free-standing sign denoting the name of the subdivision is permitted, provided that the area of the sign and sign structure does not exceed thirty-two (32) square feet and does not create a visual obstruction. The sign may be illuminated by white light only. Signs relating to special uses permitted within "R" Districts are permitted on such properties. 2. "M" Districts : A sign denoting the name of the multi- family project is permitted at each entrance of the project , provided that the area of the sign does not exceed thirty-two (32) square feet , does not create a visual obstruction, and is not located within the public right-of-way. The sign may be illuminated; however , any illumination must be by white light only. 3. "C and I" Districts : The following signs are permitted: (a) Any commercial or industrial use, having at least fifty (50) feet of frontage on a public street , shall be permitted one ( 1) pylon type sign, the size of which may not exceed one-half ( 1/2) square foot per lineal foot of frontage occupied by the use , of fifty (50) square feet , whichever is smaller. Any commercial use, having at least two hundred (200) feet of frontage on a public street , shall be permitted two (2) such signs. For the purpose of this paragraph, an entire shopping center shall be considered one commercial use. No more than two (2) pylon type signs shall be permitted for any commercial use. (b) Signs attached to commercial or industrial buildings in commercial or industrial zones , which advertise the said area or products or services sold therein , may have an aggregate area not exceeding two (2) square feet for each lineal foot of building frontage occupied by the use. 33 11/7/67 (c) The total aggregate area of all signs permitted shall - not exceed three (3) square feet for each lineal foot of building frontage measured to the outside of the exterior walls. In the event that a structure has frontage on two (2) or more streets, the sign area shall be based on the average building frontage. F. TEMPORARY SIGNS The following temporary signs are permitted with a permit in any zone; 1 . Temporary signs denoting or advertising contractors, architects, developers, and real estate agents connected with the construction, or sale, or lease of structures in commercial or industrial zones, and of developments in residential zones, said signs not to exceed a total area of sixty-four (64) square feet, with no single sign having an area of more than thirty-two (32) square feet. Permits for such temporary signs shall be limited to ninety (90) days ' duration. A deposit of $25.00 shall be required for each sign, the deposit to be returned when the sign has been removed, 2. Signs advertising the place and date of fairs, carnivals, horse shows and similar events, and signs of political candidates, parties or groups supporting the candidacy of any individual for office, or urging public support of or opposition to any public issues to be voted upon; provided such permits shall be limited to thirty (30) days' duration and provided a deposit of $25.00 has been posted with the City to insure the removal of such temporary signs. 3. Temporary banners or signs, advertising special events or holidays to be observed within the City, may be permitted within public rights-of-way for not exceeding thirty (30) days; provided liability insurance protection, deemed adequate by the City, has been furnished; and provided further, a deposit satisfactory to the Zoning Administrator, has been posted to insure the removal of such temporary banners or signs. 4. Temporary signs, advertising the initial openings of business establishments, may be permitted for not exceeding ten (10) days; provided the location of such signs are approved by the Zoning Administrator; and provided further, a deposit of $25.00 has been posted with the City to insure the removal of such temporary signs. 5. Directional signs placed on private property with permission of the owner and not exceeding six (6) square feet in area, directing the public to a subdivision or apartment project. Permits for such signs shall be limited to ninety (90) days and shall require a deposit of $25.00 to insure the prompt removal of such signs. 11/7/67 34 G. SIGNS PROHIBITED The following signs are prohibited in the City: 1 . Any sign in a residential zone exceeding an area of thirty-two (32) square feet. 2. Any sign located in any manner of place so as to constitute a hazard to traffic. 3. Any moving sign or device to attract attention, all or any part of which moves by any means, including fluttering, rotating, or otherwise moving devices, or set in motion by movement of the atmosphere including but not limited to pennants, flags, propellers, disc, etc. , whether or not any said device has written message content. 4. Any flashing sign or device displaying flashing or intermittent lights or lights of changing degrees of intensity; except a sign indicating time and/or temperature, with changes alternating on not less than a five-second cycle. 5. Any illuminated tubing or strings of lights outlining property lines or open sales areas, roof lines, doors, windows, or wall edges of any building; provided that perimeter-shielded down lighting may be used to illuminate open sales areas. 6. Any sign that obstructs or substantially interferes with any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building. 7. Any non-shielded illumination of a sign within two hundred (200) feet of an "R", "R-T" or "M" District. 8. Portable signs, including any signs painted on or displayed on vehicles or trailers usually parked in public places and used primarily for the purpose of such display; provided business signs painted on or attached to commercial vehicles shall not be prohibited. 9. Any sign which is a copy or imitation of an official sign, or which purports to have official status. 10. All temporary signs and banners, except as specifically permitted in Section 7 Subsection F. 11 . Billboards (except in 1 -2) . 12. In no case shall any sign project into any public right- of-way, except as specifically permitted in Section 7 Subsection F (3) . 11/7/67 35 13. No sign shall be located within the front fifteen ( 15) feet of any setback. 14. Any sign that violates any provision of a law of the Commonwealth of Virginia relating to outdoor advertising. 15. Any other sign not expressly permitted by this ordinance. H. PROCEDURE AND FEES FOR SIGN. PERMITS 1 . Application for a permit for a sign, where required by this ordinance, shall be made to the Zoning Administrator of the City, on a form approved by the City Council and accompanied by the proper fee, and shall include pertinent data relating to the design , placement and location of the proposed sign. The Zoning Administrator shall issue a permit for a sign which conforms to the Zoning Ordinance. 2. Any sign which is erected, used, maintained, operated, posted or displayed in violation of Section 7 of the Zoning Ordinance is hereby declared to be a public and private nuisance, and is subject to immediate removal by the Zoning Administrator. The City may collect the cost of such removal , obliteration or abatement from the person concerned. 3. Any sign which becomes a safety hazard, or which is not kept in good general condition and in a reasonably good state of repair, and is not , after thirty (30) days ' written notice to the person concerned, put in a safe and good general condition and in a reasonably good state of repair, is hereby declared to be a public and private nuisance, and may be removed, obliterated or abated by the Zoning Administrator. The City may collect the cost of such removal , oblitera- tion or abatement from the person concerned. 4. The provisions of this Section shall apply to all signs within the City regardless of whether or not a permit for such a sign is required by this ordinance. 5. The following fees shall be paid prior to the issuance of a sign permit : a. $5.00 plus $. 10 a square foot for each sign. b. $5.00 per 100 signs of less than three (3) square feet in area. (Eff. 10/7/69) c. Political signs shall be charged at the rate of five dollars ($5.00) for twelve ( 12) signs over three (3) square feet but not exceeding sixteen ( 16) square feet per sign plus one dollar ($1 .00) for each additional sign. (Eff. 10/7/69) I . REMOVAL OF SIGNS Whenever the use of a building or premises by a specified business or occupation is discontinued for that business or occupation for a period of ninety (90) days , signs pertaining to that business or occupation shall be removed immediately upon expiration of said 36 11/7/67 ninety-day period. The owner of such premises shall be responsible for the removal of such signs and, after ten ( 10) days' written notice, if he shall fail to comply with the requirements hereof, the City Manager shall cause the sign or signs in question to be removed and shall charge the cost therefor to the owner of the premises. Introduced: September 26, 1967 Effective: November 7, 1967 I 11/7/67 37 SECTION 3 VIOLATIONS 8.01 Any person violating any provision of this ordinance shall upon conviction be fined not less than $10.00 nor more than $250.00 for each offense. Each day such violation continues shall constitute a separate offense. Adopted: October 17, 1972 Effective: October 17, 1972 38 SECTION 9 VALIDITY OF ORDINANCE 9.01 Should any section, paragraph, sentence, phrase, clause or word of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional such decision shall not affect the validity of this ordinance as a whole or any other part thereof. 39 SECTION 10 EFFECTIVE DATE 10.01 This ordinance shall take effect and be in force immediately after adoption, the public welfare demanding it. 4+o R-1 Zone Residential Zone The following regulations shall apply in all R-1 districts: A. The following uses are permitted by right: 1 . Single-family dwellings and their accessory buildings; 2. Agricultural use provided no animals may be kept within 100 feet of any property line ; 3. Minor home occupations. (Effective 4/8/75) B. The following uses may be permitted subject to securing a special use permit as provided in subsection E of this zone: 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. Club houses and grounds not conducted for gain (including swimming pools) ; 10. Schools of general instruction and nursery schools complying with the provisions of Section 14 of this ordinance; 11. Lodge halls; 12. Major home occupations; (Effective 4/8/75) 13. Private tennis courts. C. Uses Prohibited: All uses not specifically permitted are prohibited. 41 D. Height, area, setbacks and lot width: 1. Maximum height: Not to exceed three (3) stories. 2. Lot area: a. Minimum lot area of twenty thousand (20,000) square feet (one single family dwelling and accessory buildings may be erected on any lot of record prior to the adoption of this ordinance which contains at least 7,500 square feet of area. Side set- back on such lots may be reduced to not less than 12 feet) ; b. Average lot area of twenty-one thousand, seven hundred eighty (21 ,780) square feet. 3. Building Restriction Line: a. Front: Fifty (50) foot setback except that on a street which has a right-of-way of less than fifty (50) feet the building restriction line shall be seventy-five (75) feet from the established center line; b. On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s) . 4. Setbacks: (detached accessory building or structure may have a minimum setback of five (5) feet from the side and rear property - lines, provided that said detached structure is at least seven (7) feet away from any adjoining structure) a. Side: Fifteen (15) foot setback; b. Rear: Twenty-five (25) foot setback. 5. Lot width: Minimum lot width at the BRL: a. Interior lot: One hundred (100) feet; b. Corner lot: One hundred twenty-five (125) feet. E. Any special use permit required in this zone shall be issued only by the City Council in accordance with the procedure hereinafter set out. 42 Procedure: 1 . An applicant for a special use permit under this subsection E shall make application to and on forms provided for that purpose by the Zoning Administrator, and the application shall be accompanied by a fee of fifty dollars ($50) 2. Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meeting and the City Council shall schedule a public hearing upon the application, and shall cause to be advertised by publication once a week for two (2) successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of the public hearing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final pub- lication of the notice. At least ten (10) days prior to the date of any such public hearing the property shall be posted by the City and the applicant shall notify all adjacent and at least three (3) additional neighboring property owners by certified mail . 3. The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to af- fect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. 4. The City Council in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into con- sideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and move- ment of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. 5. The City Council shall have the power, except as otherwise provided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all con- ditions of the special use permit have been complied with. In imposing such said conditions, the Council shall be guided by the standards and considerations as set forth in subsection E.3. , 4. )43 6. No order of the City Council permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in ac- cordance with said permit(s) . In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period exceeding six (6) months unless such use is established within six (6) months. F. Other Applicable Sections: 1 . Site Plan: See Section 3 subsection 3 . 17 et seq. 2. Parking: See Section 6. 3. Erosion and Sedimentation Control : See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. 7. General Regulations and Provisions: See Section 3. (Effective 12/17/74) 44 R-2 Zone Residential Zone The following regulations shall apply in all R-2 districts: A. The following uses are permitted by right: 1 . Single-family dwellings and their accessory buildings; 2. Agricultural use provided no animals may be kept within 100 feet of any property line; 3. Minor home occupations. (Effective 4/8/75) B. The following uses may be permitted subject to securing a special use permit as provided in subsection E of this zone: 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. Club houses and grounds not conducted for gain (including swimming pools) ; 10. Schools of general instruction and nursery schools complying with the provisions of Section 14 of this ordinance; 11 . Lodge halls; 12. Major home occupations; (Effective 4/8/75) 13. Private tennis courts; 14. Tourist homes. 4 C. Uses Prohibited: All uses not specifically permitted are prohibited. 45 R-2 Zone D. Height, area, setbacks and lot width: 1 . Maximum height: Not to exceed three (3) stories. 2. Lot area: a. Minimum lot area of twelve thousand five hundred (12,500) square feet (one single family dwelling and accessory buildings may be erected on any lot of record prior to the adoption of the ordinance which contains at least 7,500 square feet of area. Side setback on such lots may be reduced to not less than 12 feet) ; b. Average lot area of fifteen thousand (15,000) square feet. 3. Building Restriction Line: a. Front: Thirty-five (35) foot setback, except that on a street which has a right-of-way of less than fifty (50) feet the BRL shall be sixty (60) feet from the established center line; b. On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s) . 4. Setbacks: (detached accessory building or structure may have a minimum setback of five (5) feet from the side and rear property lines, provided that said detached structure is at least seven (7) feet away from any adjoining structure) a. Side: Fifteen (15) foot setback; b. Rear: Twenty-five (25) foot setback. 5. Lot width: Minimum lot width at BRL: a. Interior lot: Ninety (90) feet (20% of lots in recorded subdivisions may be 5 feet narrower than minimum) ; b. Corner lot: One hundred fifteen (115) feet. E. Any special use permit required in this zone shall be issued only by the City Council in accordance with the procedure hereinafter set out. Procedure: 1 . An applicant for a special use permit under this subsection E shall make application to and on forms provided for that 46 R-2 Zone purpose by the Zoning Administrator, and the application shall be accompanied by a fee of fifty dollars ($50) . 2. Each such application within thirty (30) days after filing shill be placed upon an agenda of a City Council meeting and the City Council shall schedule a public. hearing upon the application, and shall cause to be advertised by publication once a week for two (2) successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of the public hear- ing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final publication of the notice. At least ten (10) days prior to the date of any such public hearing the property shall be posted by. the City and the applicant shall notify all adjacent and at least three (3) additional neighboring property owners by certified mail . 3. The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. 4. The City Council in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into con- sideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. 5. The City Council shall have the power, except as otherwise pro- vided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Council shall be guided by the standards and considerations as set forth in subsection E.3. , 4. 47 R-2 Zone 6. No order of the City Council permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in accordance with said permit(s) . In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period ex- ceeding six (6) months unless such use is established within six (6) months. F. Other Applicable Sections: 1 . Site Plan: See Section 3 subsection 3. 17 et seq. 2. Parking: See Section 6. 3. Erosion and Sedimentation Control : See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. 7. General Regulations and Provisions: See Section 3. (Effective 12/17/74) 48 R-3 Zone Residential Zone The following regulations shall apply in all R-3. districts: A. The following uses are permitted by right: 1 . Single-family detached dwellings and their accessory buildings; 2. Semi-detached dwellings; 3. Minor home occupations. (Effective 4/8/75) B. The following uses may be permitted subject to securing a special use permit as provided in subsection E of this zone: 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. Club houses and grounds not conducted for gain (including swimming pools) ; 10. Schools of general instruction and nursery schools complying with the provisions of Section 14 of this ordinance; 11 . Lodge halls; 12. Major home occupations; (Effective 4/8/75) 13. Private tennis courts; 14. Tourist homes; 15. Rooming houses; 16. Eleemosynary institutions, subject to the following conditions: R-3 Zone a. Minimum lot area: Thirty-four thousand (34,000) 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 (10) , 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; e. Provided, however, and notwithstanding any provision to the contrary, the special use permit required hereunder shall only be issued by the City Council in accordance with the procedure set out in subsection E of this zone. C.. Uses Prohibited: All uses not specifically permitted are prohibited. D. Height, area, setback and lot width: 1 . Maximum height: Building height shall not exceed three (3) stories or thirty-five (35) feet measured on all exposed external walls; any basement that has any wall three (3) feet above the ground shall b'e counted as a story. 2. Lot area: a. Minimum lot area of ninety-five hundred (9,500) square feet (one single family dwelling and accessory buildings may be erected on any lot of record prior to the adoption of this ordinance which contains at least 7,500 square feet of area. Side setback on such lots may be reduced to not less than 12 feet) b. Average lot area of ten thousand five hundred (10,500) square feet; use of out lots shall not be allowed in computing average lot size. 3. Building Restriction Line: a. Front: Twenty-five (25) foot setback, except that on a street which has a right-of-way of less than fifty (50) feet the BRL shall be fifty (50) feet from the established center line; b. On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s) . 50 R-3 Zone 4. Setbacks: (detached accessory building or structure may have a minimum setback of five (5) feet from the side and rear property lines, provided that said detached structure is at least seven (7) feet away from any adjoining structure) a. Side: Twelve (12) feet; b. Rear: Twenty-five (25) feet. 5. Lot width: Minimum lot width at BRL: a. Interior lot: Seventy (70) feet; b. Corner lot: Ninety-five (95) feet. E. Any special use permit required in this zone shall be issued only by the City Council in accordance with the procedure hereinafter set out. Procedure: 1 . An applicant for a special use permit under this subsection E shall make application to and on forms provided for that purpose by the Zoning Administrator, and the application shall be accompanied by a fee of fifty dollars ($50) . 2. Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meeting and the City Council shall schedule a public hearing upon the application, and shall cause to be advertised by publication once a week for two (2) successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of the public hearing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final publication of the notice. At least ten (10) days prior to the date of any such public hearing the property shall be posted by the City and the applicant shall notify all adjacent and at least three (3) addi - tional neighboring property owners by certified mail . 3. The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. 4. The City Council in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, 51 R-3 Zone access to streets for both vehicular and pedestrian traffic, taking into consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighbor- hood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the develop- ment and use of adjacent land. 5. The City Council shall have the power, except as otherwise provided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Council shall be guided by the standards and considerations as set forth in subsection E.3. , 4. 6. No order of the City Council permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construc- tion is begun within said period and construction proceeds to completion in accordance with said permit(s) . In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period exceeding six (6) months unless such use is established within six (6) months. F. Other Applicable Sections: 1 . Site Plan: See Section 3 subsection 3. 17 et seq. 2. Parking: See Section 6. 3. Erosion and Sedimentation Control : See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. 7. General Regulations and Provisions: See Section 3. (Effective 12/17/74) 52 RT-6 Zone Townhouse Zone Intent This zone is intended to maintain the character of low-density resi - dential areas by providing for the development of townhouses with adequate open space to serve the needs of its residents. A. The following uses are permitted by right: 1 . Townhouse dwelling units ; 2. Minor home occupations. (Effective 4/8/75) B. The following uses are permitted subject to securing a special use permit as provided in subsection G of this zone: 1 . Schools of general instruction; 2. Nursery schools; 3. Swimming pools; 4. Major home occupations. (Effective 4/8/75) C. Uses Prohibited: All uses not specifically permitted are prohibited. D. Area, setback, height and density: 1 . Area: a. There shall be a minimum of three (3) acres for each townhouse project; b. Lot: There shall be a minimum lot area of sixteen hundred (1600) square feet with an average lot area of eighteen hundred (1800) square feet. 2. Setbacks: a. Front: There shall be a minimum front yard setback of ten (10) feet with at least twenty (20) percent of the units in any series having a twenty (20) foot minimum setback. No more than two (2) abutting townhouses shall have the same front yard setback. Abutting series of townhouses shall have at least a building line setback variation of two ( ) feet; b. Side: None, except side yard setback on corner lots shall be a minimum of twenty (20) feet; c. Rear: Every dwelling unit shall have a rear yard depth of not less than twenty (20) feet. 3. Maximum height: Building height shall not exceed three (3) stories or thirty-five (35) feet measured on all exposed external walls; any basement that has any wall three (3) feet above ground shall be counted as a story. 53 RT-6 Zone 4. Density: The density shall not exceed six (6) townhouse dwelling_ units per acre. 5. Dwelling Unit Requirements: a. Building width: Every townhouse shall have a minimum width of at least eighteen ( 18) feet and every townhouse except end units shall cover the entire width of the lot upon which it is situated; b. Coverage and floor area: (1) Every townhouse dwelling unit shall have a minimum ground coverage area of not less than six hundred eighty (680) square feet; (2) Every townhouse shall have a minimum of nineteen hundred (1900) square feet of gross floor area, excluding the attic. 6. Lot development and open space; a. No townhouse shall be constructed so as to provide direct vehicular ingress or egress to a collector street, a thorough- fare or an arterial highway as described in the Comprehensive Development Plan for the City; b. There shall be required nine hundred (900) square feet of open space per dwelling unit in any townhouse project. Any area designated as open space shall not be smaller in area than eight hundred (800) square feet, except that ten (10) percent of the required open space area may be exempt from the eight hundred (800) square foot open space area require- ment; C. The developer of a townhouse project may reduce the open space required provided that such area is made a part of a lot, and provided further that the area required for open space is not used in computing the required lot area or lot average; d. There shall be no more than nine (9) townhouses attached in any one series, and there shall be a distance equal to one- half (1/2) the average height of the end units between any two (2) series; e. Visual sight distance at intersections: On any corner lot in an RT Zone there shall be no planting, structure, re- taining wall , fence, shrubbery or other visual obstacle higher than a height of two (2) feet six (6) inches above 54 RT-6 Zone the street level within the imaginary prism formed at said _ corner by the intersecting right-of-way lines and a line connecting two (2) points, each forty-five (145) feet from their intersection with a height as stated above measured along said right-of-way lines. (See Figure 1) ; / Iof E ::///// X■ks.\\\ / N. \\::\\:. r v `Ant._ t {7t ' I r F • FIGUR o 55 RT-6(Zone f. In no case shall the front yard of an end unit (B in Figure 2) which is adjacent to or visible from the rear yard (A in Figure 2) of any townhouse be greater than that shown in Figure 2. � I .,-4784CK FIGURE 2 E. Site Plan Approval : 1 . A developer shall submit to the Planning Commission a site plan in accordance with Section 3 . 173 et seq. of this ordinance, which site plan shall be finally approved by the Planning Commission prior to the issuance of a building permit. 2. The Planning Commission shall approve the site plan if it finds: a. That all requirements of the Subdivision and Zoning Ordinances of the City of Fairfax, Virginia, have been complied with; and b. That the following additional specific requirements have been complied with in a manner which (1) will not be detrimental to the public welfare or injurious to property or improve- ments in the neighborhood; (2) will be in accord with the provisions of this ordinance and the Comprehensive Plan of the City of Fairfax, Virginia; (3) is warranted by topographic conditions of the site; and (4) will provide a more harmonious living environment within the development: 56 RT-6 Zone (1) The developer shall provide adequate and safe vehicular and pedestrian circulation within the townhouse project and between the townhouse project and adjacent areas; (2) The developer shall provide screening in accordance with Section 3. 174 between the townhouse project and adjacent residential areas unless modification or elimination of such screening is warranted by topographic or other unusual conditions; (3) The developer shall provide a visual barrier between each two series or eighteen units built facing any street or internal circulation area unless modification or elimination of such visual barrier is warranted by topographic or other conditions; (4) The developer shall demonstrate that adequate water supply, fire protection, storm drainage, and sanitary sewer facilities are available to the project; (5) The developer shall provide curbs, gutters, storm drain- age structures, sidewalks, entrances and exits in ac- cordance with applicable established design criteria, construction standards and specifications ; (6) The developer shall present evidence of proposed covenants, restrictions and details of maintenance responsibility of common areas and green space to show that liability for maintenance of such areas shall attach to property owners within the development, and that the same may be enforced by liens against the property owners in favor of the City of Fairfax or its assignee. 3. The applicant may be required to resubmit to the Planning Commis- sion a final site plan incorporating all Planning Commission changes and requirements prior to the issuance of a building permit. F. The applicant shall submit to the Planning Commission a plat and deed of subdivision in accordance with the Subdivision Ordinance of the City of Fairfax, Virginia, and said subdivision shall be approved by the Planning Commission and recorded among the land records before issuance of a building permit. G. Any special use permit required in this zone shall be issued only by the City Council in accordance with the procedure hereinafter set out. Procedure: 1 . An applicant for a special use permit under this subsection G shall _make application to and on forms provided for that purpose 57 RT-6 Zone by the Zoning Administrator, and the application shall be ac- companied by a fee of fifty dollars ($50) 2. Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meeting and the City Council shall schedule a public hearing upon the application and shall cause to be advertised by publication once a week for two (2) successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of the public hearing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final publication of the notice. At least ten (10) days prior to the date of any such public hearing the property shall be posted by the City and the applicant shall notify all adjacent and at least three (3) additional neighboring property owners by certified mail . 3. The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. 4. The City Council in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. 5. The City Council shall have the power, except as otherwise provided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Council shall be guided by the standards and considerations as set forth in subsection G.3. , 4. 58 RT-6 Zone 6. No order of the City Council permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion. in ac- cordance with said permit(s) . In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period exceeding six (6) months unless such use is established within six (6) months. H. Other Applicable Sections: 1 . Parking: See Section 6. 2. Erosion and Sedimentation Control : See Section 15. 3. Trees: See Section 17. 4. Architectural Control District: See Sections 13 and 18. 5. Storm Drainage Facilities: See Section 19. 6. General Regulations and Provisions: See Section 3. (Effective 12/17/74) 59 RT Zone Townhouse Zone Intent This zone provides for the development of townhouses in medium-density or mixed residential areas in a residential pattern which is designed to serve its residents. A. The following uses are permitted by right: 1 . Townhouse dwelling units; 2. Minor home occupations. (Effective 4/8/75) B. The following uses are permitted subject to securing a special use permit as provided in subsection H of this Zone: 1 . Schools of general instruction.; 2. Nursery schools; 3. Swimming pools; 4• Major home occupations. (Effective 4/8/75) C. Uses Prohibited: All uses not specifically permitted are prohibited. D. Area, setback, height and density: 1 . Area: a. There shall be a minimum of two (2) acres for each townhouse project; b. Lot: There shall be a minimum lot area of sixteen hundred (1600) square feet with an average lot area of eighteen hundred (1800) square feet. 2. Setbacks: a. Front: There shall be a minimum front yard setback of ten (10) feet with at least twenty (20) percent of the units in any series having a twenty (20) foot minimum setback. No more than two (2) abutting townhouses shall have the same front yard setback. Abutting series of townhouses shall have at least a building line setback variation of two (2) feet; b. Side: None, except side yard setback on corner lots shall be a minimum of twenty (20) feet; c. Rear: Every dwelling unit shall have a rear yard depth of not less than twenty (20) feet. 3. Maximum height: Building height shall not exceed three (3) stories or thirty-five (35) feet measured on all exposed external walls; any basement that has any wall three (3) feet above ground shall be counted as a story. 60 RT Zone 4. Density: The density shall not exceed nine (9) townhouse dwelling units per acre. 5. Dwelling Unit Requirements: a. Building width: 'Every townhouse shall have a minimum width of at least eighteen ( 18) feet and every townhouse except end units shall cover the entire width of the lot upon which it is situated; b. Coverage and floor area: (1) Every townhouse dwelling unit shall have a minimum ground coverage area of not less than six hundred eighty (680) square feet; (2) Every townhouse shall have a minimum of nineteen hundred (1900) square feet of gross floor area, excluding the attic. 6. Lot development and open space: a. No townhouse shall be constructed so as to provide direct _ vehicular ingress or egress to a collector street, a thorough- fare or an arterial highway as described in the Comprehensive Development Plan for the City; b. There shall be required nine hundred (900) square feet of open space per dwelling unit in any townhouse project. Any area designated as open space shall not be smaller in area than eight hundred (800) square feet, except that ten (10) percent of the required open space area may be exempt from the eight hundred (800) square foot open space area require- ment; c. The developer of a townhouse project may reduce the open space required provided that such area is made a part of a lot, . and provided further that the area required for open space is not used in computing the required lot area or lot average; d. There shall be no more than nine (9) townhouses attached in any one series, and there shall be a distance equal to one- half (1/2) the average height of the end units between any two (2) series; e. Visual sight distance at intersections: On any corner lot in an RT Zone there shall be no planting, structure, re- taining wall , fence, shrubbery or other visual obstacle higher than a height of two (2) feet six (6) inches above 61 RT Zone the street level within the imaginary prism formed at said corner by the intersecting right-of-way lines and a line connecting two (2) points , each forty-five (45) feet from their intersection with a height as stated above measured along said right-of-way lines. (See Figure 1) ; •9 /1)19 ti \\\\\5\///// FIGURE 1 62 RT Zone f. In no case shall the front yard of an end unit (B in Figure 2) which is adjacent to or visible from the rear yard (A in Figure 2) of any townhouse be greater than that shown in Figure 2. "A" I 1 MAX,rpf 'T_ i� . 4 7 8 4 C/- "2B ,i 1 - I FIGURE 2 E. Site Plan Approval : 1 . A developer shall submit to the Planning Commission a site plan in accordance with Section 3 . 173 et sea. of this ordinance, which site plan shall be finally approved by the Planning Commission prior to the issuance of a building permit. 2. The Planning Commission shall approve the site plan if it finds: a. That all requirements of the Subdivision and Zoning Ordinances of the City of Fairfax, Virginia, have been complied with; and b. That the following additional specific requirements have been complied with in a manner which (1) will not be detrimental to the public welfare or injurious to property or improve- ments in the neighborhood; (2) will be in accord with the provisions of this ordinance and the Comprehensive Plan of the City of Fairfax, Virginia; (3) is warranted by topographic conditions of the site; and (4) will provide a more harmonious living environment within the development: 63 RT Zone (1) The developer shall provide adequate and safe vehicular and pedestrian circulation within the townhouse project and between the townhouse project and adjacent areas; (2) The developer shall provide screening in accordance with Section 3. 174 between the townhouse project and adjacent residential areas unless modification or elimination of such screening is warranted by topographic or other unusual conditions ; (3) The developer shall provide a visual barrier between each two series or eighteen units built facing any street or internal circulation area unless modification or elimination or such visual barrier is warranted by topographic or other conditions ; (4) The developer shall demonstrate that adequate water supply, fire protection, storm drainage, and sanitary sewer facilities are available to the project; (5) The developer shall provide curbs, gutters , storm drain- age structures, sidewalks, entrances and exits in ac- cordance with applicable established design criteria, construction standards and specifications; (6) The developer shall present evidence of proposed covenants, restrictions and details of maintenance responsibility of common areas and green space to show that liability for maintenance of such areas shall attach to property owners within the development, and that the same may be enforced by liens against the property owners in favor of the City of Fairfax or i.ts assignee. 3. The applicant may be required to resubmit to the Planning Commis- sion a final site plan incorporating all Planning Commission changes and requirements prior to the issuance of a building permit. F. The applicant shall submit to the Planning Commission a plat and deed of subdivision in accordance with the Subdivision Ordinance of the City of Fairfax, Virginia, and said subdivision shall be approved by the Planning Commission and recorded among the land records before is- suance of a building permit. G. Any townhouse constructed in accordance with an approved site plan or building permit issued before the effective date of this ordinance shall be considered a conforming use as long as . it complies with the RT zoning category prescribed in Section ll of. the Zoning Ordinance of the City of Fairfax in force immediately prior to the effective date of this ordinance. 64 / special use permit required in this Zone shall be issued only by Ae City Council in accordance with the procedure hereinafter set out. Procedure: 1 . An applicant for a• special use permit under this subsection H shall make application to and on forms provided for that purpose by the Zoning Administrator, and the application shall be ac- companied by a fee of fifty dollars ($50) 2. Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meeting and the City Council shall schedule a public hearing upon the application, and shall cause to be advertised by publication once a week for two (2) successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of the public hearing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final publication of the notice. At least ten (10) days prior to the date of any such public hearing the property shall be posted by the City and the applicant shall notify all adjacent and at least three (3) additional neighboring property owners by certified mail . 3. The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. 4. The City Council in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. 5. The City Council shall have the power, except as otherwise provided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all con- , ditions of the special use permit have been complied with. In im- posing such said conditions, the Council shall be guided by the standards and considerations as set forth in subsection H.3. , 4. 65 RT Zone 6. No order of the City Council permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction i,s begun within said period and construction proceeds to completion in ac- cordance with said permit (s) . In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period exceeding six (6) months unless such use is established within six (6) months. I . Other Applicable Sections: 1 . Parking: See Section 6. 2. Erosion and Sedimentation Control : See Section 15. 3. Trees: See Section 17. 4. Architectural Control District: See Sections 13 and 18. 5. Storm Drainage Facilities: See Section 19. 6. General Regulations and Provisions: See Section 3. (Effective 12/17/74) 66 M-1 Zone Multi-family Zone The following regulations shall apply in all M-1 districts: A. The following uses are permitted by right: 1 . Apartments and Apartment Houses, subject to Section 3. 14 et seq. and to the approval of a site plan by the Planning Commission, upon consideration of the following factors and standards: the size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. 2. Minor home occupations. ( (Effective 4/8/75) B. The following uses may be permitted subject to securing .a special use permit as provided in subsection E of this zone: 1 . Electronic transformers and substations; 2. Telephone repeater stations; 3. Clubhouses and grounds not conducted for gain (including swimming pools) ; 4. Schools of general instruction and nursery schools complying with the provisions of Section 14 of this ordinance; 5. Major home occupations; (Effective 4/8/75) 6. Private tennis courts. C. Uses Prohibited: All uses not specifically permitted are prohibited. D. Height, area, setback and lot width: 1 . Maximum height: Building height shall not exceed three (3) stories or thirty-five (35) feet measured on all exposed external walls; any basement that has any wall three (3) feet above the ground shall be counted as a story. 2. Lot area: • a. Minimum lot area: See Section 3. 141 ; 67 M-1 Zone b. Average lot area: See Section 3. 141 . 3. Setbacks: a. Front: See Section 3. 142; b. Side: See Section 3. 142; c. Rear: See Section 3. 142. 4. Lot width: Minimum lot width at BRL: Not applicable. E. Any special use permit required in this zone shall be issued only by the City Council in accordance with the procedure hereinafter set out. Procedure: 1 . An applicant for a special use permit under this subsection E shall make application to and on forms provided for that purpose by the Zoning Administrator, and the application shall be accompanied by a fee of fifty dollars ($50) . 2. Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meeting and the City Council shall schedule a public hearing upon the application, and shall cause to be advertised by publication once a week for two (2) successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of the public hearing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final publication of the notice. At least ten (10) days prior to the date of any such public hearing the property shall be posted by the City and the applicant shall notify all adjacent and at least three (3) additional neighboring property owners by certified mail . 3. The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. 4. The City Council in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into • 68 M-1 Zone 4 consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area , the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. 5. The City Council shall have the power, except as otherwise pro- vided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Council shall be guided by the standards and considerations as set forth in subsection E.3. , 4. 6. No order of the City Council permitting the erecting , alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit (s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in accordance with said permit(s) . In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period exceeding six (6) months unless such use is established within six (6) months. F. Other Applicable Sections: 1 . Site Plan: See Section 3 subsection 3. 17 et seq. 2. Parking: See Section 6 and Section 3. 143. 3. Erosion and Sedimentation Control : See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. 7. General Regulations and Provisions: See Section 3. G. Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters, storm drainage structures, sidewalks, entrances and exits, and approval thereof by the Director of Public Services. (Effective 12/17/74) 69 P-D Zone Planned Development Zone Purpose and Intent The Planned Development Ordinance has been designed to pro- mote a mixture of commercial and residential uses on appropriate tracts of more than five acres within the City, and to encourage creativity and innovation in development. The ordinance provides a wider range of options for land use mixes through the offer of design flexibility in return for a higher degree of review and regulatory authority over development by the City Council in the insurance of essential standards of public health, safety, morals, and general welfare. The over-all objective is (1) to encourage land uses within the City which are more beneficial to the City and to the developer than are permitted under other existing zoning ordinances; (2) to encourage development which improves public health, convenience or welfare and to foster future development of the City to the end that transportation systems be carefully planned; that new community centers be developed with 'ade- quate highway, utility, health, educational , and recreational ac- tivities; that the needs of industry and business be recognized in future growth; that residential areas be provided with healthy sur- roundings for family life; and that the growth of the community be consonant with the efficient and economical use of public funds. The more specific objectives include: 1 . Beneficial Use of Land: The failure to develop land in a manner compatible with and beneficial to the community of which it is a part is both widespread and widely lamented. Contributing factors have in- cluded: a. The exclusive zoning of large areas for one specific purpose or another, but prohibiting the possibility of mutually beneficial mixtures, thus forcing unnecessary demands for transportation between areas and the consequent costs on both the City and the developer. 70 b. Zoning and development practices which have divided rather than united the City and the developer in a common cause which is the betterment of the community at large. This ordinance has been designed to bring the City and the developer together to promote the planning and development of land uses in a manner which best serves the interests of both parties. 2. Coordinated Provision for Services: Unless the demand for services generated by a development can be met by existing facilities , con- sidering all other sources of demand which can be foreseen, new facilities must be planned for, budgeted and constructed to meet the demand as it develops. Failure to do so creates serious and inexcusable problems for both the new users and the prior users of those services. This ordinance has been designed to make the development of land and the provision of services a coordinated venture on the part of both the City and the developer. 3. This ordinance has been dbsigned to encourage mixed developments which are self-supporting with regard to tax-supported services; to reduce the necessity for automobile traffic by encouraging people to live and work in the same area; to encourage innovative mixes of both residential and commercial development which invite both day and evening as well as work day and weekend usage by area residents and businessmen; and to insure that usable play areas and other open relief are provided within a development. A. The following uses are permitted by right: 1. Residential : a. Single-family detached dwellings and their accessory buildings; b. Semi-detached dwellings; c. Townhouses ; d. Minor home occupations. (Effective 4/8/75) 2. Commercial : a. Office buildings; b. Banks, savings and loan associations, and other financial institutions; 71 units, estimated rental per square foot of commercial , and any other pertinent information dealing with the economic feasibility of the proposed site. 3. Official submission: In addition to the general filing re- quirements for all applications for change of zoning the applicant shall submit with his application for change of zoning of land to the P-D zone a general development plan and a pre- liminary site plan. 4. Preliminary site plan: A preliminary site plan shall include the following information. a. Total area; b. Gross area proposed for residential uses and total number of, proposed dwelling units; c. Gross floor area of all structures and floor area ratio; d. Proposed locations of all buildings; e. Proposed use of all structures; f. Proposed setbacks from all property lines and from all non-residential structures to the nearest residential structure; g, Proposed height of all structures within the proposed development; h. Proposed coverage; i . Proposed residential density per gross acre; j . Proposed number of parking spaces and location of parking areas; k. Proposed methods of landscaping and screening; 1 . Proposed methods of internal circulation, ingress and egress; m. Existing contours per National Oceanic & Atmospheric Administration (USC&GS) ; 76 n. Proposed improvements to adjacent public streets; o. All pedestrian walkways; p. Proposed common open space; q. Proposed gross floor area of all commercial development; r. A study of anticipated revenue from all uses in the area to be developed. Said study shall substantially conform to and provide information according to the guidelines adopted from time to time by the City Council . The guidelines shall be made available to the applicant at the office of the Director of Public Services. s. A study of anticipated cost to the City to maintain and service the uses in the area to be developed. Said study shall substantially conform to and provide information according to the guidelines adopted from time to time by the City Council . The guidelines shall be made available to the applicant at the office of the Director of Public Services. t. A development schedule showing the stages of development if required. 5. Review and approval of preliminary site plan. Upon determination by the Zoning Administrator that the content of the preliminary site plan is complete in accordance with the above requirements, the plan and application shall be submitted to the Planning Commission. The Planning Commission shall promptly consider the preliminary site plan and the rezoning application and hold a public hearing thereon in accordance with the standards hereinafter set forth and in accordance with the provisions contained in Title 15. 1 , Chapter 11 , Article 8 of the Code of Virginia Annotated. Within ninety days of receipt by the Planning Commission of the preliminary site plan and application for rezoning, the Planning Commission will transmit the plan and application to the City Council together with its recommendations as to approval , approval with modification, or disapproval of said plan. The City Council shall consider the preliminary site plan and application for rezoning and hold a public hearing thereon in accordance 77 with the standards hereinafter set forth and in accordance with the provisions contained in Title 15. 1 , Chapter 11 , Article 8 of the Code of Virginia. The City Council shall approve, approve with modifica- tions, or disapprove the preliminary site plan and application for rezoning within thirty days after a public hearing thereon, upon determination that said plan complies with the standards hereinafter set forth. In approving a plan, the Council may establish such conditions and may require such modifications as shall assure compliance with said standards and regulations , and the Council may further waive or modify subdivision requirements otherwise applicable to the develop- ment when such waiver or modification is not in conflict with said standards and regulations. In the event that a preliminary site plan shall be disapproved by the City Council , the application for rezoning shall be deemed to be denied. In the event that a preliminary site plan shall be approved with modifications by the City Council , the Council may continue the public hearing on the rezoning application to a date certain in order to permit the applicant to modify the development plan in accordance with such modifications. 6. Procedure for final site plans. Approval of the preliminary site plan and the application for rezoning shall constitute authority for the applicant to prepare final site plans in accordance with the standards contained in subsection G of this zone, and in conformity with the approved preliminary site plan. Approval of said final site plans shall be in accordance with Section 3. 172 through 3. 180, except as follows: a. Separate final site plans shall be submitted for each development stage or unit as set forth in the approved preliminary site plan. b. A final site plan for a particular development stage or unit other than the first, shall not be approved until the final site plan has been approved for the immediately preceding stage or unit. c. Minor deviations from the preliminary site plan shall be - permitted in the final site plan when the Director of 78 Public Services determines that such are necessary due to requirements of topography, drainage, structural safety or vehicular circulation, and such deviations will not material ] alter the character of the approved preliminary site plan including the proposed development sequence. In no case shal such deviations include the elimination of any building shown. or the addition of any building not shown on the approved preliminary site plan. Neither will such deviations increase the density or alter the height or setback limitations. Any changes not authorized by this paragraph shall require resub- mission of the preliminary site plan in accordance with the procedures contained herein. d. The final site plan shall be approved within eighteen months from the date of approval of the preliminary site plan. If a final site plan is not approved within said period, approval of the preliminary site plan, and consequent authority to submit a site plan, shall terminate and development by the applicant in accordance with the P-D regulations shall require resubmission of a preliminary site plan in accordance with the procedures set forth in this section F. _G. Standards. The following standards shall be applied by the Planning Commission in recommending and by the City Council in considering a final site plan. 1 . The preliminary and final plans shall afford adequate protection to adjacent and surrounding properties, provide harmonious internal development, provide (where appropriate) a diversity of well- planned uses within the development in accordance with the pur- poses of this ordinance, provide adequate parking and adequate and safe circulation and ingress and egress, and shall be so designed that development in accordance therewith will not ad- versely affect the health, safety or general welfare of persons residing or working in the neighborhood of the proposed develop- ment, will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood, and will be in accord with the purposes of this ordinance and the Comprehensive Plan of the City of Fairfax. 79 2. The area included within any single P-D zone shall be suf- ficient in size to justify planned development of the entire area as a unit in furtherance of the purposes of this ordinance. The minimum area required may vary from case to - case in order to assure compliance with these standards and to promote the objectives of this ordinance. 3. The permitted height of buildings and required setbacks from property lines and required distances between struc- tures within a P-D development shall be determined in the context of the preliminary site plan as a whole, ad- jacent buildings and uses both within and without the zone, the Comprehensive Plan of the City of Fairfax, and the other standards provided for development in this zone. The maximum heights permitted and the minimum setbacks required may vary from case to case in order to assure compliance with these standards and to promote the objectives of this ordinance. 4. Density: The maximum residential density allowed and the maximum square footage of commercially designated floor space shall be determined in the context of the plan as a whole, shall not adversely affect adjacent development and shall be consistent with existing and proposed public facilities and the other standards contained in this ordinance. 5. Screening: Fences, walls or vegetative screening shall be provided at the perimeter of planned developments where necessary to screen improvements, glare, uses or other influences having an adverse impact either on the planned development or on adjacent property. Screening shall be provided between residential and commercial sect7ons of the site at ground level . Screening shall meet the specifications of the City of Fairfax Zoning Ordinance. 6. Commercial uses shall be conducted entirely within enclosed buildings with no outside display of merchandise and shall be designed to maintain and protect the residential character of all neighboring residential areas including residential areas contained within any P-D zone. 7. Principal vehicular access to a planned development shall be from streets and roads capable of supporting existing traffic and the traffic that will be generated by the planned develop- ment. Access points shall be designed to provide smooth traf- fic flow, controlled turning movements, and minimum hazard to vehicular or pedestrian traffic. Merging and turnout lanes and traffic dividers shall be provided where existing or anti- cipated heavy flows of traffic indicate such need. No streets or roads within a planned development shall connect to exterior streets for through streets. 8o 8. Pedestrian access shall be arranged so as to provide safe and convenient routes to and from a planned development. Pedestrian access routes within a planned development need not be adjacent to, or in the vicinity of, vehicular access routes. Pedestrian crossings at the perimeter of development shall be marked and controlled, and where pedestrians are exposed to substantial vehicular traffic, fencing or other similar barriers shall be erected to prevent crossing at other than designated points. 9. Bicycle and bridle paths shall be coordinated with the pedestrian system and street crossings shall be combined. 10. Traffic visibility, both automotive and pedestrian, shall be preserved as follows: no impediment to visibility between two and one-half (2-1/2) and seven (7) feet above center line grades shall exist at the intersection of any street or raod within a planned development or at its perimeter within a triangle beginning at the intersection of right-of-way edges (projected if round corners exist) , thence fifty (50) feet along said edges, then along the line connecting those two points. 11 . Where pedestrian access of any kind exists from within a planned development to a perimeter street or road, without a barrier to prevent indiscriminate entrance into such street or road, no substantial impediment to visibility shall be per- mitted between two and one-half (2-1/2) and seven (7) feet above the center line of the street or road or above the ground level of the access area. 12. Within a planned development, streets, roads, driveways and parking, loading and service areas shall be designed so as to provide safe and convenient vehicular access to all uses and facilities. Pedestrian ways to be used by substantial numbers of children shall be located and controlled to minimize contact with vehicular traffic. Pedestrian passages over and under vehicular routes may be required. 13. Developed recreation space and other open space intended for pedestrian use and pedestrian-oriented structures, such as schools and churches, shall be accessible from related structures, such as dwellings and office buildings, with a minimum of street crossings. Where possible, such uses shall be interconnected by a common pedestrian system. 14. The planned development shall be located in an area for which public facilities are available and adequate for the uses proposed; provided, however, that the applicant may provide such facilities which are not presently available, and written assurance of such provision shall be included as a part of the preliminary site plan. 81 15. Within a planned development there shall be adequate space to permit accessibility to all structures by fire-fighting and similar emergency equipment. 16. A planned development shall have adequate parking for all the uses proposed therein and before allowing any reduction in parking as permitted in subsection E (4) of this ordinance, the City Council shall be satisfied that a combination of uses will promote dual use of certain parking spaces at different hours and that all uses proposed will have adequate parking after said reduction. All required parking shall be unreserved; provided that the preliminary site plan may be approved showing certain reserved parking where the City Council is satisfied that the reserving of said designated spaces will not create a deficiency in the number of required parking spaces for all uses and that the -eserving of the said spaces will not place an undue hardship on pedestrian travel within the parking area. 17. The developer shall provide for and establish an organization or other legal entity for the perpetual ownership and mainte- nance of any common open space and other uncovered areas designated on the preliminary site plan, including pedestrian ways, play lots, swimming pools, bathhouses, tennis courts, parking lots and roads. Such organization shall be created by covenants running with the land, and such covenants shall be included as a part of the final site plan and subject to - approval by the City Attorney and City Council . 18. When a planned development is to be constructed in stages or units, the total uncovered area provided at any stage of development shall bear substantially the same relationship to the total uncovered areas to be provided in the entire planned development as the stages or units completed or under development bear to the entire planned development. 19. Where several parcels of land in the same ownership or land in different ownerships is shown on a preliminary site plan adequate assurances including, if necessary, covenants running with the land, shall be provided to assure that the parcels shown will be developed. H. Development Schedule. The developer shall develop the parcel in not more than sixty-six (66) percent of the approved residential floor space prior to the completion of all the planned and approved commercial floor space. I . Subdivision: Nothing in this ordinance shall prohibit the sub- division of land within a P-D zone for purpose of sale; provided, however, that any owner proposing to subdivide property wholly or partly within a P-D zone shall produce satisfactory evidence to 82 the Planning Commission that such subdivision will not violate any of the standards contained in this ordinance, and shall submit docu- ments with the preliminary subdivision plat assuring the continued common use of all parking or other areas shown on the preliminary site plan for such uses, which documents shall be approved by the City Attorney and recorded among the land records of Fairfax County, Virginia, at the same time the approved subdivision plat is recorded. J. Any special permit required in this zone shall be issued only by the City Council in accordance with the procedure hereinafter set out. Procedure: 1. An applicant for a special use permit under this subsection J shall make application to and on forms provided for that pur- pose by the Zoning Administrator, and the application shall be accompanied by a fee of fifty dollars ($50) . 2. Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meeting and the City Council shall schedule a public hearing upon the appli- cation, and shall cause to be advertised by publication once a week for two (2) successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of the public hearing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final publication of the notice. At least ten (10) days prior to the date of any such public hearing the property shall be posted by the City and the applicant shall notify all adjacent and at least three (3) additional neighboring property owners by certified mail . 3. The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. 4. The City Council in considering any application for a special use permit shall consider the following factors and standards: 83 The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, taking into consideration future increase of vehicular traffic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. 5. The City Council shall have the power, except as otherwise provided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any applicant to insure compliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions,, the Council shall be guided by the standards and considerations as set forth in subsection J. 3. , 4. 6. No order of the City Council permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to completion in accordance with said permit(s) . In the event said order does not involve the construction of any building the order of the Council - permitting the use shall not be valid for a period exceeding six (6) months unless such use is established within six (6) months. K. Other Applicable Sections: 1. Erosion and Sedimentation Control : See Section 15. 2. Trees: See Section 17. 3. Architectural Control District: See Sections 13 and 18. 4. Storm Drainage Facilities: See Section 19. 5. General Regulations and Provisions: See Section 3. 6. Performance Standards: See Section 12. L. Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters, storm 84 drainage structures, sidewalks, entrances and exits, and approval thereof by the Director of Public Services. M. Variance: Where by reason of exceptional shape or area, exceptional topographic conditions, conditions created by a condemnation, or other extraordinary or exceptional situation or condition, wherein the application of any requirement of the Zoning Ordinance would result in peculiar and exceptional practical difficulty or hard- ship upon the developer or owner of such property, the Planning Commission may recommend and the City Council shall have the power to grant a variance from any requirements of the Zoning Ordinance so as to relieve such difficulties or hardships, provided such re- lief can be granted without substantially impairing the intent and purpose of the Zoning Ordinance. In no case will density or height limitations be varied. The Board of Zoning appeals shall have no authority to vary the provisions of the Zoning Ordinance as they relate to the P-D Zone. (Effective 12/17/74) 85 C-P-D Zone Commercial Planned Development Zone Purpose and Intent The Commercial Planned Development Ordinance has been designed to promote a mixture of commercial and residential uses, with commercial predominating, on appropriate tracts of one acre or more within the City. The ordinance provides a wider range of options for developers through the offer of mixed land use in return for greater review and regulatory authority by City Council to insure essential standards of public health, safety, morals, and general welfare. The overall objective is (1) to recognize the needs for offices and shops in future growth; (2) to provide residential areas with com- patible surroundings; and (3) to guide community growth consonant with the efficient and economical use of private land and with careful attention to the impact of such growth on adjacent development, both existing and planned, and on the City's existing and proposed public facilities. The following regulations shall apply in all C-P-D districts: A. The following uses are permitted by right: 1 . Residential : a. Single-family dwellings; b. Semi-detached dwellings; c. Apartments and Apartment Houses. 2. Commercial : a. Office buildings; b. Banks, savings and loan associations, and other financial institutions; c. Retail establishments for the sale of works of art, art supplies, electrical goods and supplies, food and food products, furniture, decorator supplies, hardware, luggage and leather goods, optical goods, pets and pet supplies, garden supplies, electronics and phonograph equipment, books, tobacco, confections, drugs , jewelry, music, stationery, toys, newspapers and magazines, office supplies and equip- - ment, medical supplies, clothing and dry goods, flowers and similar goods and products; 86 C-P-D Zone d. Establishments for the sale or repair or both of household appliances, musical instruments and sporting goods, not in- cluding sale or repair of major motorized equipment; e. Barber shops and beauty parlors, shoe repair and polishing shops, tailor shops , laundromats and establishments for receiving and distributing articles for laundering or cleaning; f. Cleaning and pressing establishments having not more than four (4) pressing machines and one (1) drycleaning unit, with a capacity not exceeding fifty (50) pounds using non- inflammable synthetic cleaning fluid and one (1) shirt pressing unit; g. Restaurants with ancillary uses, including live music; h. Schools of special instruction not including public dance hall and riding school ; i . Private clubs and eleemosynary institutions; j . Schools of general instruction; k. Theaters and bowling alleys (excluding drive-in movie theaters) ; 1 . Hotel and motel ; m. Electric transformers and substations; n. Telephone repeater stations; o. Hospitals for the treatment of human beings, nursing homes and funeral homes. 3. Other: a. Churches; b. Governmental use, excluding property yards and repair facilities. B. The following uses may be permitted subject to securing a special use permit: 1 . Residential : None 2. Commercial : 87 C-P-D Zone a. Other eating establishments provided that within any 24-hour period at least seventy-five (75) percent of customers are served prepared food while seated at tables, booths or. counters, and consume such food or refreshment within the building; b. Commercial recreational uses, including but not limited to miniature golf courses, indoor and outdoor tennis courts, golf driving ranges, iceskating rinks, roller skating rinks, bowling alleys and billiard parlors; c. Provided, however, and notwithstanding any provision to the contrary, the special use permit required hereunder shall only be issued by the City Council in accordance with the procedure hereinafter set out: Procedure: (1) An applicant for a special use permit under this sub- section 2 shall make application to and on forms pro- vided for that purpose by the Zoning Administrator, and the application shall be accompanied by a fee of fifty dollars ($50) ; (2) Each such application within thirty (30) days after filing shall be placed upon an agenda of a City Council meeting and the City Council shall schedule a public hear- ing upon the application, and shall cause to be adver- tised by publication once a week for two (2) successive weeks in a newspaper published in or having general cir- culation in the City of Fairfax a notice of the time and place of the public hearing. This hearing shall be not less than twelve (12) days nor more than twenty-eight (28) days after final publication of the notice. At least ten (10) days prior to the date of any such public hearing the property shall be posted by the City and the applicant shall notify all adjacent and at least three (3) additional neighboring property owners by certified mail ; (3) The City Council is hereby empowered to grant special use permits when in the judgment of the Council such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use; (4) The City Council in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which 88 C-P-D Zone the use is proposed, access to streets for both vehicu- lar and pedestrian traffic, taking into consideration future increase of vehicular traffic, lighting, noise, traffic, sight , smoke, dust , odor , vibration and other factors which may affect the serenity of the neighbor- hood, the safety and movement of vehicular traffic upon adjacent streets, the safety of children living in the area, the location, height and design of build- ings, walls, fences and landscaping proposed and over- all impact of the proposed use upon the development and use of adjacent land; (5) The City Council shall have the power, except as other- wise provided to impose conditions upon the issuance of any special use permit and to require bond acceptable to the Bond Committee of the City Council of any appli- cant to insure compliance with such conditions. No occupancy permit shall be issued for any such use un- til all conditions of the special use permit have been complied with. In imposing such said conditions , the Council shall be guided by the standards and considera- tions as set forth in subsection 2.c. (3) , (4) ; (6) No order of the City Council permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve (12) months, unless building permit(s) for the erection of each of such building or buildings is/are obtained, construction is begun within said period and construction proceeds to com- pletion in accordance with said permit(s) . In the event said order does not involve the construction of any building the order of the Council permitting the use shall not be valid for a period exceeding six (6) months unless such use is established within six (6) months. C. Uses Prohibited: All uses not specifically permitted are prohibited. D. Area, setbacks, height, density, floor area ratio: 1 . Area: Area, which shall be one (1) acre or more, provided that the area is appropriate for commercial planned development as outlined in subsection G of this Zone. The gross area proposed for develop- ment in any C-P-D Zone shall be shown on the preliminary site plan; 2. Building Restriction Line: (within the building restriction areas in commercial and industrial zones or within twenty-five (25) feet from the right-of-way line of properties within said zones, which- _ ever is less, no fence, wall , structure, automobile parking area, unloading area or other impervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor 89 C-P-D Zone shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director) (no building need be set back more than the average setbacks of the buildings within one hundred (100) feet on either side) a. Front: Twenty-five (25) foot setback except that on a street which has a right-of-way of less than fifty (50) feet the BRL shall be fifty (50) feet from the established center line; b. On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s) . 3. Setbacks: (except where contiguous to residential property where twenty-five (25) foot setback required) a. Side: NR; b. Rear: NR. 4. Maximum height: a. No wall of any structure shall be exposed more than six. (6) stories but in no event shall the height of any building ex- - ceed sixty (60) feet measured on all exposed external walls; b. Any mechanical equipment placed outside any building must be - adequately screened to harmonize with the general appearance and character of the building. 5. Density: a. Residential : The maximum residential density, which shall not in any event exceed four (4) dwelling units per gross acre, shall be determined in accordance with standards contained in subsection G of this Zone and shall be computed on the pre- liminary site plan. Residential uses in Commercial Planned Development may be waived by the City Council , provided the City Council finds that such waiver would be beneficial to the City and to the developer; b. Commercial : There shall be required in every C-P-D Zone a minimum of one thousand (1 ,000) square feet of commercial gross floor area for each dwelling unit. 6. Floor area ratio: The maximum gross floor area of all structures (not including enclosed parking structures) , which shall not in any event exceed one (1) square foot of floor area for each gross - square foot of land within any C-P-D Zone as shown on the pre- liminary site plan, shall be determined in accordance with standards contained in subsection G of this Zone and shall be computed on the preliminary site plan. 90 C-P-D Zone E. Parking Requirements: (within the building restriction areas in commercial and industrial zones or within twenty-five (25) feet from the right-of- way line of properties within said zones, whichever is less, no fence, wall , structure, automobile parking area, unloading area or other im- pervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director) 1 . Residential : Two (2) parking spaces per dwelling unit; 2. Office facilities: One (1) parking space for every three hundred (300) square feet of gross floor area of office facilities; 3. Places of public assembly: One (1) parking space for every four (4) seats based on maximum seating capacity; 4. Other: One (1) parking space for every one hundred fifty (150) square feet of gross floor area. Compliance with parking requirements shall be shown by computations on the preliminary site plan. In approving said plan the City Council may permit a reduction in parking requirements not exceeding ten (10) percent of the total parking. F. Procedures: 1 . Preliminary submission: A potential applicant who wishes to apply for change of zoning of property to the C-P-D Zone may in advance of filing an official application submit a general development plan to the Director of Planning and request a hearing before a joint public meeting of the City Council and the Planning Commis- sion for the purpose of guidance and comment concerning proposed development. No official action shall be taken by either the Planning Commission or the City Council at said meeting and no commitments shall be made by the City or any agency thereof at said meeting; 2. General Development Plan: A general development plan may be general in nature and schematic in form but must show the following: a. Proposed land use in each of the following categories: apartments and apartment houses, commercial offices, other commercial public use, open space, and other uses; b. General building locations, suggested height of buildings, estimated number of dwelling units, estimated gross square feet of commercial uses; 91 C-P-D Zone c. Proposed traffic circulation; d. Proposed schedule of development; e. Proposed number of residents, school children, estimated vehicles per 24 hours, estimated cost-sales price of dwelling units, estimated rental per square foot of commercial , and any other pertinent information dealing with the economic feasibility of the proposed site. 3. Official submission: In addition to the general filing require- ments for all applications for change of zoning the applicant shall submit with his application for change of zoning of land to the C-P-D Zone a general development plan and a preliminary site plan; 4. Preliminary site plan: A preliminary site plan shall include the following information: a. Total area; b. Gross area proposed for residential uses and total number of proposed dwelling units; c. Gross floor area of all structures and floor area ratio; d. Proposed locations of all buildings; e. Proposed use of all structures, f. Proposed setbacks from all property lines and from all non- residential structures to the nearest residential structure; g. Proposed height of all structures within the proposed develop- ment; h. Proposed coverage; i . Proposed residential density per gross acre; j . Proposed number of parking spaces and location of parking areas; k. Proposed methods of landscaping and screening; 1 . Proposed methods of internal circulation, ingress and egress; m. Existing contours per National Oceanic and Atmospheric Ad- ministration (USC&GS) ; n. Proposed improvements to adjacent public streets; 92 C-P-D Zone o. All pedestrian walkways; p. Proposed common open space; q. Proposed gross floor area of all commercial development; r. A study of anticipated cost to the City to maintain and service the uses in the area to be developed. Said study shall substantially conform to and provide information according to the guidelines adopted from time to time by the City Council . The guidelines shall be made available to the applicant at the office of the Director of Public Services; s. A development schedule showing the stages of development if required. 5. Review and approval of preliminary site plan: Upon determination by the Zoning Administrator that the con- tent of the preliminary site plan is complete in accordance with the above requirements, the plan and application shall be sub- mitted to the Planning Commission. The Planning Commission shall promptly consider the pre- liminary site plan and the rezoning application and hold a public hearing thereon in accordance with the standards here- inafter set forth and in accordance with the provisions con- _ tained in Title 15. 1 , Chapter 11 , Article 8 of the Code of Virginia Annotated. Within ninety (90) days of receipt by the Planning Commis- sion of the preliminary site plan and application for rezoning, the Planning Commission will transmit the plan and application to the City Council together with its recommendations as to ap- proval , approval with modification, or disapproval of said plan. The City Council shall consider the preliminary site plan and application for rezoning and hold a public hearing thereon in accordance with the standards hereinafter set forth and in accordance with the provisions contained in Title 15. 1 , Chapter ll , Article 8 of the Code of Virginia Annotated. The City Council shall approve, approve with modifications, or disapprove the preliminary site plan and application for re- zoning within thirty (30) days after a public hearing thereon, upon determination that said plan complies with the standards hereinafter set forth. In approving a plan, the Council may establish such conditions and may require such modifications as shall assure compliance with said standards and regulations. 93 C-P-D Zone In the event that a preliminary site plan shall be disap- proved by the City Council , the application for rezoning shall be deemed to be denied. In the event that a preliminary site plan - shall be approved with modifications by the City Council , the Council may continue the public hearing on the rezoning applica- tion to a date certain in order to permit the applicant to modify the development plan in accordance with such modifications. 6. Procedure for Final Site Plans: Approval of the preliminary site plan and the application for rezoning shall constitute authority for the applicant to prepare final site plans in accordance with the standards contained in subsection G of this Zone, and in conformity with the approved preliminary site plan. Approval of said final site plans shall be in accordance with Section 3. 172 through 3. 180, except as follows: a. Separate final site plans shall be submitted for each develop- ment stage or unit as set forth in the approved preliminary site plan; b. A final site plan for a particular development stage or unit other than the first, shall not be approved until the final site plan has been approved for the immediately preceding stage or unit; c. Minor deviations from the preliminary site plan shall be per- mitted in the final site plan when the Director of Public Services determines that such are necessary due to require- ments of topography, drainage, structural safety or vehicular irculation, and such deviations will not materially alter the character of the approved preliminary site plan including the proposed development sequence. In no case shall such deviations include the elimination of any building shown or the addition of any building not shown on the approved preliminary site plan. Neither will such deviations increase the density or alter the height or setback limitations. Any changes not authorized by this paragraph shall require resubmission of the preliminary site plan in accordance with the procedures con- tained herein; d. The final site plan shall be approved within eighteen months from the date of approval of the preliminary site plan. If a final site plan is not approved within said period, approval of the preliminary site plan, and consequent authority to sub- mit a site plan, shall terminate and development by the ap- plicant in accordance with the C-P-D regulations shall require resubmission of a preliminary site plan in accordance with the _ procedures set forth in this subsection F. 94 C-P-D Zone G. Standards: The following standards shall be applied by the Planning Commission in recommending and by the City Council in considering a preliminary site plan, and by the Director of Public Services in con- sidering a final site plan: 1 . The plans shall permit commercial development to meet the City's needs in an organized and orderly manner and shall afford adequate protection to adjacent and surrounding properties , provide adequate parking and adequate anu safe circulation and ingress and egress, and shall be so designed that development in accordance therewith will not adversely affect the health, safety or general welfare of persons residing or working in the neighborhood of the proposed development , will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood; 2. The area included within any single C-P-D Zone shall be sufficient in size to justify planned development of the entire area as a unit in furtherance of the purposes of this ordinance; 3. The permitted height of buildings and required setbacks from property lines and required distances between structures within a C-P-D development shall be determined in the context of the preliminary site plan as a whole, adjacent buildings and uses both within and without the zone; 4. Density: The maximum residential density allowed and the maximum square footage of commercially designated floor space shall be determined in the context of the plan as a whole, shall not ad- versely affect adjacent development and shall be consistent with existing and proposed public facilities and the other standards contained in this ordinance; .5. Screening: Fences, walls or vegetative screening shall be pro- vided where necessary to screen improvements, glare, uses or other influences having an adverse impact either on the commercial planned development or on adjacent property; 6. Principal vehicular access to a commercial planned development shall be from streets and roads capable of supporting existing traffic and the traffic that will be generated by the commercial planned development. Access points shall be designed to provide smooth traffic flow, controlled turning movements, and minimum hazard to vehicular or pedestrian traffic. Merging and turnout lanes and traffic dividers shall be provided where existing or anticipated heavy flows of traffic indicate such need; 7. Pedestrian access shall be arranged so as to provide safe and con- venient routes to, from and within commercial planned development; 95 C-P-D Zone 8. Traffic visibility, both automotive and pedestrian, shall be pre- served as follows: no impediment to visibility between two and one-half ( 2 1/2) and seven (7) feet above center line grades shall exist at the intersection of any street or road within a commercial planned development or at its perimeter within a triangle beginning at the intersection of right-of-way edges (projected if round corners exist) , thence twenty-five (25) feet along said edges, thence along the line connecting those two points; 9. Within a commercial planned development, streets, roads, driveways and parking, loading and service areas shall be designed so as to provide safe and convenient vehicular access to all uses bnd facilities; 10. The developer shall provide for and establish an organization or other legal entity for the perpetual ownership and maintenance of any common areas designated on the preliminary site plan. Such organization shall be created by covenants running with the land, and such covenants shall be included as part of the final site plan and subject to approval by the City Attorney and City Council ; 11 . Where several parcels of land in the same ownership or land in different ownerships is shown on a preliminary site plan adequate - assurances including, if necessary, covenants running with the land, shall be provided to assure that the parcels shown will be developed. H. Subdivision: Nothing in this section shall prohibit the subdivision of land within a C-P-D Zone for purpose of deed of trust or sale; provided, however, that any owner proposing to subdivide shall satisfy the City Council that such subdivision will not violate any of the standards contained in this ordinance, and shall submit documents with the pre- liminary subdivision plat assuring the continued common use of all parking or other areas shown on the preliminary site plan for such uses, which documents shall be approved by the City Attorney and recorded among the land records of Fairfax County, Virginia, at the same time the approved subdivision plat is recorded. I . Other Applicable Sections: 1 . Erosion and Sedimentation Control : See Section 15. 2. Trees: See Section 17. 3. Architectural Control District: See Sections 13 and 18. 4. Storm Drainage Facilities: See Section 19. 5. General Regulations and Provisions: See Section 3. 6. Performance Standards: See Section 12. 96 C-P-D Zone J. Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters , storm drainage structures , sidewalks , entrances and exits, and approval thereof by the Director .of Public Services. K. Variance: Where by reason of exceptional shape or area, exceptional topographic conditions , conditions created by a condemnation , or other extraordinary or exceptional situation or condition, wherein the ap- plication of any requirement of the Zoning Ordinance would result in peculiar and exceptional practical difficulty or hardship upon the developer or owner of such property, the Planning Commission may recom- mend and the City Council shall have the power to grant a variance from any requirement of the Zoning Ordinance so as to relieve such difficulties or hardships, provided such relief can be granted without substantially impairing the intent and purpose of the Zoning Ordinance. The Board of Zoning Appeals shall have no authority to vary the pro- visions of the Zoning Ordinance as they relate to the C-P-D Zone. (Effective 12/17/74) 97 Cl-L Limited Office Zone Purpose This zone fills the need for a zoning classification which will allow "limited" office development. The intent is to permit, in transitional zones between residential and commercial areas, office buildings which in height and appearance resemble residential development and which will not adversely affect the character of any nearby residential community. C1-L The following regulations shall apply in all Cl -L districts: A. The following uses are permitted by right: 1 . Banks and offices for business and professional , including medical , legal , insurance, real estate, and similar offices. B. The following uses may be permitted subject to securing a special use permit as provided in Section 5: 1 . Banks with drive-in teller windows. C. Building Type: All buildings erected under provisions of this section shall have an exterior design so as to present the appearance of one - or more single family residential structures. D. Uses Prohibited: All uses not specifically permitted are prohibited. E. Height, area, setback and lot width: 1 . Maximum height: a. No wall of any structure shall be exposed more than three (3) stories but in no event shall the height of any building ex- ceed thirty-five (35) feet measured on all exposed external walls; b. No mechanical equipment shall be placed on the roof, and any mechanical equipment placed outside the building must be adequately screened to harmonize with the general ap- pearance and character of the building; if the lot borders residential , all air conditioning condensers must be placed on a side of the building away from adjacent residential property and must be screened for sound as well as aesthetics; c. Section 3.07 does not apply. 98 Cl -L Zone 2. Lot area: a. Minimum lot area: NR; b. Maximum lot area: Forty-three thousand five hundred fifty- nine (43,559) square feet; c. Average lot area: NR. 3. Building Restriction Line: (within the building restriction areas in commercial and industrial zones or within twenty-five (25) feet from the right-of-way line of properties within said zones, which- ever is less, no fence, wall , structure, automobile parking area, unloading area or other impervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director) a. Front: Twenty-five (25) foot setback except that on a street which has a right-of-way of less than fifty (50) feet the BRL shall be fifty (50) feet from the established center line; b. On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s) . 4. Setbacks: (except where contiguous to residential property where twenty-five (25) foot setback required) a. Side: Twelve (12) feet; b. Rear: NR. 5. Lot width: Minimum lot width at BRL: NR. F. Other Applicable Sections: 1 . Site Plan: See Section 3 subsection 3. 17 et seq. 2. Parking: See Section 6. 3. Erosion and Sedimentation Control : See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. 99 C1 -L Zone 7. General Regulations and Provisions: See Section 3. 8. Performance Standards: See Section 12. G. Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters, storm drainage structures, sidewalks, entrances and exits, and approval thereof by the Director of Public Services. • (Effective 12/17/74) 100 - C- 1 Zone Commercial Zone - The following regulations shall apply in all C- 1 districts : A. The following uses are permitted by right : 1 . Banks , offices for professional , government , or business uses , hospitals for the treatment of human beings , nursin homes , churches and funeral homes ; 2 . Such ancillary uses as clinics , schools of special instru tion complying with Section 14 of this ordinance except that a trade school may be operated only in a district where the practice of the particular trade taught is per- mitted as a commercial enterprise , pharmacies or medical supply services , barber shops , beauty shops , restaurants , newsstands , photographic services , florists , gift shops , optical stores and services , are permissible by right ; provided they are located completely within a said pro- fessional governmental or business office building , and provided further that such ancillary uses do not occupy more than 20% of the total usable floor space of said office building . B. The following uses may be permitted subject to securing a special use permit as provided in Section 5 : 1 . Electric transformers and substations ; 2. Telephone repeater stations and exchanges ; 3 . Dial centers ; 4 . Dancing areas ; 5. Lodge halls ; 6. Commercial tennis courts ; 7 . Commercial or educational television and radio stations without towers . C. Uses Prohibited : All uses not specifically permitted are prohibited . D. Height , area , setbacks and lot width : 1 . Maximum height : No wall of any structure shall be expo more than six (6) stories but in no event shall the hei of any building exceed sixty (60) feet measured on all external walls . 101 C- 1 Zone 2 . Lot area : a . Minimum lot area : NR ; b . Average lot area : NR ; 3 . Building Restriction Line : (within the building restric- tion areas in commercial and industrial zones or within 25 ft . from the right-of-way line of properties within said zones , whichever is less , no fence , wall , structure , automobile parking area , unloading area or other imper- vious area except permitted signs , sidewalks , driveways for ingress and egress shall be permitted nor shall any merchandise be displayed . Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director ) a . Front : twenty- five ( 25) foot setback except that on street which has a right-of-way of less than fifty (50) feet the BRL shall be fifty (50) feet from the estab- lished center line ; b . On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line (s ) . 4. Setbacks : (except where contiguous to residential property where 25 foot setback required ) a . Side : NR; b . Rear : NR ; E . Other Applicable Sections : 1 . Site Plan : See Section 3 subsection 3 . 17 et seq . 2 . Parking : See Section 6 . 3 . Erosion and Sedimentation Control : See Section 15 . 4 . Trees : See Section 17 . 5. Architectural Control District : See Sections 13 and 18 . 6. Storm Drainage Facilities : See Section 19 . 7 . General Regulations and Provisions : See Section 3 . 8 . Performance Standards : See Section 12 . 102 C- 1 Zone F. Improvements : All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs , gutters , storm drainage structures , sidewalks , entrances and exits , and approval thereof by the Director of Public Services . (Effective 12/17/74) 103 C-2 Zone Commercial Zone The following regulations shall apply in all C-2 district's : A. The following uses are permitted by right : 1 . Banks , offices for professional , government , or business uses , hospitals for the treatment of human beings , nursing homes , churches and funeral homes ; 2 . Such ancillary uses as clinics , schools of special instruc- tion complying with Section 14 of this ordinance except that a trade school may be operated only in a district where the practice of the particular trade taught is per- mitted as a commercial enterprise , pharmacies or medical supply services , barber shops , beauty shops , restaurants , newsstands , photographic services , florists , gift shops , optical stores and. services ; 3 . Automobile sales , (not including exterior storage of junk automobiles ) , fuel oil sales having all tanks underground , lumber and building supply sales , electrical , heating , air conditioning , plumbing or painting sales or services , pro- vided all materials , equipment , vehicles or machinery are stored entirely in buildings enclosed on all sides , or within such walls , fences , or planting as may be pre- scribed by the Planning Commission ; 4. Retail stores , laundromats , cleaning , pressing and tailoring shops , printers , theaters , public utility use excluding prop- erty yards , hotels , motels , provided that commercial uses shall be conducted entirely within enclosed buildings with no outside display of merchandise . B . The following uses may be permitted subject to securing a special use permit as provided in Section 5 : 1 . Carnivals , circuses and fairs limited to not more than two (2) weeks ' duration ; 2 . Veterinarians and animal hospitals ; 3 . Open air theaters ; 4. Pony rings ; 5. Riding stables ; 6. Other eating establishments provided that within any 24-hour period at least 75 percent of customers are 104 C-2 Zone served prepared food while seated at tables , booths or counters , and consume such food or refreshment within the building ; 7 . Electric transformers and substations ; 8. Telephone repeater stations and exchanges ; 9 . Dial centers ; 10. Dancing areas ; 11 . Lodge halls ; 12 . Commercial tennis courts ; 13 . Commercial or educational television and radio stations without towers ; 14 . Commercial recreational uses , including but not limited to miniature golf courses , indoor and outdoor tennis courts , golf driving ranges , iceskating rinks , roller skating rinks , bowling alleys and billiard parlors , provided that such use shall be in harmony with the general purpose and intent of the zoning regulations and map , and provided further that such use will not be objectionable by reason of smoke , dust , odor , vibration , noise or sight , and will not tend to adversely affect the use of neighboring properties or the welfare of persons living or working in the neighborhood of the proposed use . In imposing any conditions the Board of Zoning Appeals shall have the power to require the posting of a bond to ensure compliance with such conditions ; 15. Rental of utility trucks and trailers , with nonconforming automobile service stations , provided : a . That such service station is located on a lot having an area of at least 15 , 000 square feet ; b. That open storage and display of such rental units shall be confined to one area of said lot , specific- ally designated in the special use permit , not exceeding in size ten ( 10) percent of the total area of said lot ; c. That no such rental units shall be stored or displayed within the front setback line of said lot ; d . That the storage and display area for such rental units shall be improved as required for off- street parking ; and 105 C-2 Zone e. Any storage and display area adjacent to (whether immediately abutting or not ) a lot in an R zone shall be screened . C . Uses Prohibited : All uses not specifically permitted are prohibited . D. Height , area , setbacks and lot width : 1 . Maximum height : No wall of any structure shall be exposed more than six (6) stories but in no event shall the height of any building exceed sixty (60) feet measured on all exposed external walls . 2 . Lot area : a . Minimum lot area : NR; b . Average lot area : NR; 3 . Building Restriction Line : ( in C-2 Zone , no building need be set back more than the average setbacks of the buildings within 100 ' on either side . ) (within the building restriction areas in commercial and industrial zones or within 25 ft . from the right-of-way line of properties within said zones , whichever is less , no fence , wall , structure , automobile parking area , un- loading area or other impervious area except permitted signs , sidewalks , driveways for ingress and egress shall be permitted nor shall any merchandise be displayed . - Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director) a . Front : twenty- five (25) foot setback except that on a street which has a right-of-way of less than fifty (50) feet the BRL shall be fifty (50) feet from the established center line ; b. On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line ( s) . 4 . Setbacks : (except where contiguous to residential property where 25 foot setback required) a. Side : NR ; b. Rear : NR. 5. Lot width : Minimum width at front setback line : NR . E. Other Applicable Sections : 1 . Site Plan : See Section 3 subsection 3 . 17 es seq . 2 . Parking : See Section 6 . 106 C- 2 Zone 3 . Erosion and Sedimentation Control : See Section 15 . 4 . Trees : See Section 17 . 5 . Architectural Control District : See Sections 13 and 18 . 6 . Storm Drainage Facilities : See Section 19 . 7 . General Regulations and Provisions : See Section 3 . 8 . Performance Standards : See Section 12 . F . Improvements : All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs , gutters , storm drainage structures , sidewalks , entrances and exits , and approval thereof by the Director of Public Services . (Effective 12/17/74) 107 C-3 Zone Commercial Zone The following regulations shall apply in all C-3 districts : A. The following uses are permitted by right : 1 . Banks , offices for professional , government , or business uses , hospitals for the treatment of human beings , nursing homes , churches and funeral homes ; 2 . Such ancillary uses as clinics , schools of special instruc- tion complying with Section 14 of this ordinance except that a trade school may be operated only in a district where the practice of the particular trade taught is per- mitted as a commercial enterprise , pharmacies or medical supply services , barber shops , beauty shops , restaurants , newsstands , photographic services , florists , gift shops , optical stores and services ; 3 . Automobile sales , (not including exterior storage of junk automobiles ) , fuel oil sales having all tanks underground , lumber and building supply sales , electrical , heating , air conditioning , plumbing or painting sales or services , pro- vided all materials , equipment , vehicles or machinery are stored within such walls , fences , or planting as may be prescribed by the Planning Commission ; 4. Retail stores , laundromats , cleaning , pressing and tailoring shops , printers , theaters , public utility use excluding property yards , hotels , motels , provided that commercial uses shall be conducted entirely within enclosed build.: ngs with no outside display of merchandise . 5. Automobile service stations ; 6. Automobile repair garages ; 7. Drive- in restaurants or prepared food sales operations which are predominantly carry-out and less than seventy- five (75) percent of the food sold is consumed within a permanent building on the premises ; 8. Drive- in laundry or drive- in cleaning establishments ; 9. Other retail stores or operations which use no perma- nent building or a building of less than two thousand (2 , 000) square feet on the ground level in a location other than a shopping center of at least ten ( 10) different retail or service stores or establishments ; 108 C-3 Zone 10 . Automobile laundries , excluding gasoline pumping facilities . B . The following uses are permitted subject to securing a special use permit as provided in Section 5 : 1 . Carnivals , circuses and fairs limited to not more than two (2) weeks ' duration ; 2 . Veterinarians and animal hospitals ; 3 . Open air theaters ; 4 . Pony rings ; 5. Riding stables ; 6. Other eating establishments provided that within any 24- hour period at least 75 percent of customers are served prepared food while seated at tables , booths or counters , and consume such food or refreshment within the building ; 7 . Electric transformers and substations ; 8 . Telephone repeater stations and exchanges ; 9 . Dial centers ; 10 . Dancing areas ; 11 .. Lodge halls ; 12 . Commercial tennis courts ; 13 . Commercial or educational television and radio stations without towers ; 14 . Commercial recreational uses , including but not limited to miniature golf courses , indoor and outdoor tennis courts , golf driving ranges , iceskatng rinks , roller skating rinks , bowling alleys and billiard parlors , provided that such use shall be in harmony with the general purpose and intent of the zoning regulations and map , and provided further that such use will not be objectionable by reason of smoke , dust , odor , vibration , noise or sight , and will not tend to adversely affect the use of neighboring properties or the welfare of persons living or working in the neighborhood of the proposed use . In imposing any . conditions the Board of Zoning Appeals shall have the power to require the 0 posting of a bond to ensure compliance with such conditions ; 109 C-3 Zone 15. Rental of utility trucks and trailers , with noncon- forming automobile service stations , provided : a . That such service station is located on a lot having an area of at . least 15 , 000 square feet ; b . That open storage and display of such rental units shall be confined to one area of said lot , specifi - cally designated in the special use permit , not exceeding in size ten ( 10) percent of the total area of said lot ; c . That no such rental units shall be stored or dis- played within the front setback line of said lot ; d . That the storage and display area for such rental units shall be improved as required for off—street parking ; and e. Any storage and display area adjacent to (whether immediately abutting or not) a lot in an R zone shall be screened . 16. Automobile laundries with gasoline pumps may be permitted on the premises for the sale of gasoline for motor vehicles immediately prior to or subsequent to the washing or cleaning of such vehicles , provided that all vehicle parking and standing space requirements of this ordinance are met ; 17. Automobile service stations with automobile laundry facilities . C . Uses Prohibited : All uses not specifically permitted are prohibited . D. Area , setback and height : 1 . Lot area : None required for uses permitted in Commercial - 1 and Commercial - 2 zones . Twenty- two thousand (22 , 000) square feet minimum for other use ; 2. Building Restriction Line : (within the building restriction areas in commercial and industrial zones or within 25 feet from the right-of-way line of properties within said zones , whichever is less , no fence , wall , structure , automobile parking area , unloading area or other impervious area except permitted signs , sidewalks , driveways for ingress and egress shall be permitted nor shall any merchandise be displayed . Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director) 110 C-3 Zone a . Front : Twenty-five (25) foot setback from any public right-of-way ; b. Service Stations : Seventy- five (75) foot set- back from any public right-of-way , provided that the front twenty- five (25) feet shall be grassed and landscaped except that a gasoline' pump or pump island may be located within twenty- five (25) feet of any public right-of-way . c. On corner lots the BRL shall apply to all streets and the side setback shall be applied to the remaining property line ( s) . 3 . Setbacks : a . Side : Minimum setback twenty- five (25) feet ; b . Rear : Minimum setback twenty-five (25) feet . 4 . Maximum height : No wall of any structure shall be exposed more than six (6) stories but in no event shall the height of any building exceed sixty (60) feet measured on all exposed external walls . L. Special Screening Requirements : In addition to provisions for landscaping , screening from adjacent R , RT and M Districts shall be in accordance with the following re- quirements : 1 . The twenty- five (25) foot rear , side and front set- backs shall be grassed and landscaped in accordance with the plan approved by the Zoning Administrator ; 2. The side and rear landscaping areas may be reduced to five (5) feet provided that there is erected a five (5) foot high masonry wall with decorative brick facing the adjacent property . Said wall shall be located as close to the adjacent property as practical . All construc- tion shall be in accordance with all building require- ments and provided further , that the applicant must submit to the Zoning Administrator a plan showing the style, type and decoration to be used on said wall . F. Other Applicable Sections : 1 . Site Plan : See Section 3 subsection 3 . 17 et seq . 2. Parking : See Section 6 . 3. Erosion and Sedimentation Control : See Section 15 . 111 C-3 Zone 4 . Trees : See Section 17 . 5 . Architectural Control District : See Sections 13 and 18 . 6. Storm Drainage Facilities : See Section 19 . 7 . General Regulations and Provisions : See Section 3 . 8. Performance Standards : See Section 12 . G . Improvements : All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs , gutters , storm drainage structures , sidewalks , entrances and exits , and approval thereof by the Director of Public Services . (Effective 12/17/74) 112 - I-1 Zone Industrial Zone The following regulations shall apply in all 1-1 districts: A. The following uses are permitted by right: 1 . Electronic or similar data processing centers; 2. Research and development, excluding laboratories where animals or livestock are used for research; 3. Printing and publishing plants; 4. Manufacture or assembly of small electrical or electronic devices, instruments, parts or equipment or of musical instruments, optical or dental goods, toys, novelties, photographic equipment and similar uses; B. The following uses are permitted subject to securing a special use permit as provided in Section 5: 1 . Governmental uses; 2. Plant nurseries; • 3. Electric transformers and substations; 4. Telephone repeater stations; 5. Schools of special instruction. C. Uses Prohibited: All uses not specifically permitted are prohibited. D. Area, setback, height and coverage: 1 . Area: No minimum lot area required. 2. Building Restriction Line: (Within the building restriction areas in commercial and industrial zones or within 25 ft. from the right- of-way line of properties within said zones, whichever is less? no fence, wall , structure, automobile parking area, unloading area or other impervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the Planning Director.) a. Front: There shall be a minimum of twenty-five (25) feet front setback which shall be grassed and landscaped; b. On corner lots the front BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s) . 113 3. Setbacks: a. Side: None; b. Rear: Same as side yard; c. Adjacent to R, RT or M districts: There shall be fifty (50) foot setback where an I-1 district is adjacent to any R, RT or M district and said area shall be landscaped and screening erected pursuant to a plan approved by the Planning Director. 4. Maximum Height: No building nor the enlargement of any existing building shall exceed a height equal to the height of the most restrictive adjacent zoning district. 5. Coverage: The maximum percent of the lot that may be covered with building, parking and loading facilities shall not exceed eighty-five (85) percent of the total lot area. E. Special Screening Requirements: In addition to provisions for landscaping, screening from adjacent properties shall be in accordance with the following requirements: 1 . On any lot in an 1-1 district there shall be erected a fence or wall as required by the Planning Director under the following conditions: a a. On every lot in an 1-1 district that is abutting an R, RT or M district; b. On every lot in an 1-1 district that is across the street from an R, RT or M district. F. Other Applicable Sections: 1 . Site Plan: See Section 3 subsection 3.17 et seq. 2. Parking: See Section 6. 3. Erosion and Sedimentation Control : See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. 7. General Regulations and Provisions: See Section 3. 8. Performance Standards: See Section 12. 114 i G. Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs, gutters, storm drainage structures, sidewalks, entrances and exits, and approval thereof by the Director of Public Services. (Effective 12/17/74) 115 1-2 Zone Industrial Zone The following regulations shall apply in all 1 -2 districts: A. The following uses are permitted by right: 1. Warehouses; 2. Property yards; 3. Wholesale houses; 4. Bakeries; 5. Lumber yards; 6. Sale and rental of construction equipment; 7. Fuel oil sales; 8. Contractors (heating, electrical , etc.) ; 9. Electronic or similar data processing centers; 10. Research and development, excluding laboratories where animals or livestock are used or research; 11. Printing and publishing plants; 12: Manufacture or assembly of small electrical or electronic devices, instruments, parts or equipment or of musical instruments, optical or dental goods, toys, novelties, photographic equipment and similar uses. B. The following uses may be permitted subject to securing a special use permit as provided in Section 5: 1. Bulk petroleum storage; 2. Laundries and dry cleaning plants; 3. Bottling plants; 4. Monument works; 5. School of special instruction; 116 6. Other manufacturing and industrial uses for which satisfactory evidence is presented that such uses will comply with the performance standards as established in Section 12 of this ordinance, and for which satisfactory evidence is also presented that such uses will not adversely affect any contiguous district by reason of smoke, dust, or hazard of explosion. 7. Ice skating and roller skating rinks and gymnastic centers. C. All uses not allowed in Sections A and B are prohibited including the following: 1 . Automobile graveyards; 2. Junk yards; 3. Manufacture or refining of ammonia, chlorine, brick, cement, gypsum, lime, coke, creosote, dye, explosives, fertilizer, gas, glue, rubber, or acid; 4. Blast furnaces; 5. Rolling mills; 6. Fat, grease, lard or tallow manufacture; 7 Flour mill ; 8 Lumber mill ; 9. Petroleum refinery; 10. Curing of hides or skins; 11 . Rendering plant; 12. Other uses offensive by reason of smoke, dust, or hazard of explo- sion. D. Area, setback and height: 1. Lot area: No minimum lot area required. 2. Building Restriction Line: (Within the building restriction areas in commercial and industrial zones or within 25 ft. from the right- - of-way line of properties within said zones, whichever is less, no fence, wall , structure, automobile parking area, unloading area or 117 other impervious area except permitted signs, sidewalks, driveways for ingress and egress shall be permitted nor shall any merchandise be displayed. Such building restriction areas shall be landscaped - pursuant to a plan approved by the Planning Director.) a. Front: The front setback shall be measured from the established center line of the street. Said setback shall be equal to one- half (1/2) of the distance of the required right-of-way as shown on the adopted Comprehensive Plan, plus twenty-five (25) feet; b. On corner lots the front BRL shall apply to all streets and the side setback shall be applied to the remaining property line(s) . 3. Setbacks: a. Side: None; b. Rear: None; c. Adjacent to R, RT or M districts: There shall be a fifty (50) foot setback, and said area shall be landscaped and screening erected pursuant to a plan approved by the Zoning Administrator. 4. Maximum Height: No wall of any structure shall be exposed more than six (6) stories but in no event shall the height of any building ex- ceed sixty (60) feet measured on all exposed external walls. 5. Coverage: The maximum percent of the lot that may be covered with building, parking and loading facilities shall not exceed eighty- five (85) percent of the total lot area. E. Special Screening Requirements: In addition to provisions for landscaping, - all exterior storage and/or display shall be screened, pursuant to a plan approved by the Zoning Administrator, so as not to be visible from any public right-of-way. F. Other Applicable Sections: 1 . Site Plan: See Section 3 subsection 3. 17 et sue. 2. Parking: See Section 6. 3. Erosion and Sedimentation Control : See Section 15. 4. Trees: See Section 17. 5. Architectural Control District: See Sections 13 and 18. 6. Storm Drainage Facilities: See Section 19. 7. General Regulations and Provisions: See Section 3. 118 8. Performance Standards: See Section 12. G. Improvements: All uses permitted by right or with a special use permit in this zone are subject to the installation of curbs , gutters, storm drainage structures, sidewalks , entrances and exits , and approval thereof by the Director of Public Services. (Effective 12/17/74) 119 S CT;ON 12 PERFORMANCE STANDARDS ;N CER TA N ZONES 12.01 No use shall be established or conducted in any Commercial-2, Industrial- 1 or Industrial-2 zone in any manner in violation of this section. This section shall be in addition to the requirements of Section 11 of this ordinance and shall not in any way modify or lessen said requirements nor be read so as to permit any uses not permitted therein . 12.02 Sound The sound-pressure level of sound radiated from an establishment, measured at the lot line of the site thereof that is the nearest thereto, shall not exceed the values in any octave bard of frequency that are specified in Table I below, or in Table I as modified by the correction factors set forth in Table II below. The sound-pressure level shall be measured with a sound level meter and an associated octave bard analyzer conforming to standards prescribed by the American Standards Association. Table. l Maximum Permissible- Sound Pressure Levels Measured re 0.0002 dyne per CM2 Frequency Sand: - Cycles per Sec:,r;d Decibels 20-75 74 75- 150 62 150-300 57 300-600 5i 600- 1200 47 1200-2400 42 2400-4800 38 4800- 10,000 35 Table II - Correction Factors Condition Correction in Decibels On a site contiguous to or across a street from the boundary of any R district es- tablished by this Zoning Ordinance Minus 5 Operation between the hours of 10:00 p.m. and 7:00 a.m. Minus 5 Sound of impulsive character (e.g. , hammering) Minus 5 120 Table II (cont.) Condition Correction in Decibels Sound of periodic character (e.g. , hum or screech) minus 5 Sound source operated less than - 20% in any one hour per?c.d Plus 5-; 5% in any one hour period Plus 10-; 1% in any one hour period Plus 15* *Apply only one of these corrections. All other corrections (including any one of the footnoted corrections) are cumulative. 12.03 Vibration No vibration at any time shall produce an acceleration of more than 0. 1g or shall result in any combination of amplitudes and frequencies on any struc- ture beyond the "safe" range of Table 7, United States Bureau of Mines No. 442 entitled "Seismic Effects of Quarry Blasting". The methods and equations of said Bulletin No. 442 shall be uted to compute all values for the enforcement of this section. 12.04 Smoke There shall be no emission into the atmosphere, from any operation, of visi- ble gray smoke of a shade darker than No. 2 on. the Ringlemann Smoke Chart as published by the United States Bureau of Mines„ except that visible gray smoke of a shade not darker than No. 3 on such chart may be emitted for not more than four minutes in any period of thirty minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of any other color, but with an equivalent apparent opacity. 12.b5 Other Air Pollutants There shall be no emission of fly ash, dust, dirt, fumes, vapors or gases into the atmosphere from any operation to any extent that could cause any damage to the public health, to animals or vegetation, or to other forms of property, or which could cause any excessive soiling at any point. In no event shall there be any such emission, of solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air, nor of acid gases in excess of 0.2% by volume. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to stack temperatures of five hundred de- grees Fahrenheit and fifty per cent excess air. 12.06 Odor There shall be no emission of odorous gas or any other odorous material in such 121 quantity as to be offensive beyond the boundaries of the site of such emission. 12.07 Radioactivity There shall be no radioactive emission that would be dangerous to health. 12.08 Electrical interference There shall be no electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. 12.09 Liquid or Solid Wastes There shall be no discharge of any liquid or solid wastes into any stream, except as authorized by a public agency. 12. 10 Glare and Heat There shall be no direct or reflected glare, whether from flood lights or from high-temperature processes (for example, combustion or welding) so as to be visible from within any Residential zone. There shall be no discharge of heat or heated air from any source so as to be detectable beyond the lot line. 122 SECTION 13 OLD AND HISTORIC FAIRFAX DISTRICTS 13.01 There are hereby created in the City of Fairfax, Virginia, districts to be known as "Old and Historic Fairfax Districts", the first of which shall begin at a point N 16° 15'E, 150' and N 73°45'W, 150.00' from the Northwest corner of the intersection of North Street and West Street. Thence along the following courses: S 75°45' E 1490.00 ft. ; S 16° 15' W 1292.00 ft. ; N 73°45' W 1110.00 ft. ; N 16° 15' E 628.00 ft. ; N 73°45' W 380.00 ft. ; N 16°15' E 664.00 ft. ; to a point of beginning, and being more generally described as the original Town of Providence, as resurveyed and rededicated in Liber 0-3, Page 208 in the land records of Fairfax County, Virginia, together with a 150' wide border around said Town (more or less, to conform with existing property lines) . It shall be within the province and power of the City Council to enlarge said first such district in such manner as it shall see fit or to create additional such districts within the City corporate limits at such time as the Council deems such action to be in the public interest by promoting the general welfare of the community through the preservation of old and historic places, or areas of historic interest in the City. 13.02 In order to promote the general welfare through the preservation and protection of historic places and areas of historic interest in the City, no building or structure shall hereafter be erected, reconstructed, altered or restored, within said Old and Historic Fairfax District, unless and until an application for a certificate of appropriateness shall have been approved by the Board of Architectural Review herein- after created, as to exterior architectural features including signs, which are subject to public view from a public street, way or place. Evidence of such required approval shall be a certificate of appropriateness issued by the Board of Architectural Review hereinafter created. 13.03 In order to promote the general welfare through the preservation and protection of historic places and areas of historic interest in the City, no building which existed within the Old and Historic Fairfax District in 1900 or prior thereto, except as provided in Section 13. 13 of this article, shall be razed without first obtaining a permit approved by the Board of Architectural Review or the City Council on appeal , and such Board and Council shall be empowered to refuse such permit for any structure of such architectural or historic interest, the removal of which in the opinion of the Board of the City Council would be detrimental to the public interest of this City. 123 13.04 Applications , or re-applications as hereinafter provided, for such certificates of appropriateness or permit shall be made to the City Planning Director of the City of Fairfax, Virginia, together with tender of a $50.00 fee therefor. - 13.05 For the purpose of making effective the provisions of this article, there is hereby created a Board to be known as the Board of Architectural Review, to be composed of seven members who shall be appointed by the Council . One appointee shall be selected from a list of nominations which shall be solicited from the Chamber of Commerce such list to be composed of businessmen in the City, not necessarily members of the Chamber of Commerce. At least one appointee shall be an architect licensed in Virginia and one member shall be appointed from among the membership of the Planning Commission. Members shall be appointed by the City Council for staggered terms of three years. Upon the passage of this Ordinance, Council shall appoint two members for terms of one year, two members for terms of two years and three members for terms of three years. Members of the Board now in office at the time of the pas- sage of this Ordinance who wish to be re-appointed shall draw lots to determine which members will be appointed for terms of one year, two years, and three years. The re-appointment of any member for an additional term or terms shall be by affirmative action of the Council only. The term of the Planning Commission member shall be further limited by his term on the Commission. Any appointed member of the Board may be removed from office with cause by a two-thirds vote of the City Council . Any appointment to fill a vacancy shall be only for the unexpired portion of the term. (Effective 9/4/73) 13.06 The Board of Architectural Review shall elect its Chairman from its appointed membership and the City Planning Director shall be its Secretary. 13.07 The Chairman shall conduct the meetings of the Board. The Secretary shall be responsible for keeping the minutes of the meetings and a permanent record of all resolutions, motions, transactions , and deter- minations, which minutes and records shall be kept available and open to public inspection. All members of the Board shall be entitled to vote and the decisions of the Board shall be determined by a majority of the membership. A quorum of four members present is required before the Board may take any official action. The Board shall meet within twenty-one days after notification by the City Planning Director of an application for a certificate of appropriateness or permit requiring action by the Board. The meetings of the Board shall be open to the public, and a public hearing shall be held by it on all applications coming before it. The Board shall vote and announce its decision on any matter properly before it not later than fourteen days after the conclusion of the public hearing on the matter, unless the time is extended by mutual agreement between the Board and the applicant. 124 The Board shall not reconsider any decision made by it , except in cases where an applicant appears within ninety days with his application amended as hereinafter provided. The Board shall not hear the subject matter of any application which has been denied for a period of one year, except in cases where an applicant appears within ninety days with his application amended as hereinafter provided. In case of disapproval of the erection, reconstruction, alteration or restoration of a building or structure, the Board shall briefly state its reasons therefor in writing, and it may make recommendations to the applicant with respect to the appropriateness of design, arrangement, texture, material , color, location, and the like of the building or structure involved. In case of disapproval accompanied by recommendations , the applicant may again be heard before the Board if within ninety days he comes before the Board with his application so amended that it will comply with all of the recommendations of the Board. In case of disapproval of the razing of a building which existed within the Old and Historic Fairfax District in 1900 or prior thereto, the Board shall state its reasons therefor in writing in some detail . If there be an appeal , the Board shall forthwith forward its reasons to the Council . In matters covering the procedure for meetings not covered by this article, the Board may establish its own rules, provided they are not contrary to the spirit of this article. 13.08 No application for a permit to raze a building which existed in the Old and Historic Fairfax District in the year 1900 or prior thereto shall be considered by the Board unless and until the Secretary to the Board has caused to be prepared an advertisement stating the time, date, and place of the proposed hearing before the Board, the location of the property involved and the nature of the application; and further has caused such advertisements to be published once a week for two successive weeks in some newspaper published or having general circu- lation within the City, the last publication appearing not less than five days nor more than ten days before the published hearing. 13.09 The Board shall not consider interior arrangement or features not subject to any public view and shall not make any requirement except for the purpose of preventing development obviously incongruous to the old and historic aspect of the area. The Board shall consider the following in passing upon the appropriateness of architectural features: a. Exterior architectural features, including all signs, which are subject to public view from a public street, way or place. 125 b. General design and arrangement. c. Texture, material , and color. d. The relation of the factors in a, b, and c above to similar features of buildings and structures in the immediate surroundings. e. The extent to which the building or structure would be harmonious with or obviously incongruous to the old and historic aspect of the district. f. The extent to which the building or structure will preserve or protect historic places and areas of historic interest in the City. g. The extent to which the building or structure will promote the general welfare of the City and all citizens by the preservation and protection of historic places and areas of historic interest in the City. h. The extent to which said preservation and protection will promote the general welfare by maintaining and increasing real estate values, generating business, creating new posi- tions, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging - study and interest in American or Virginia history, stimulat- ing interest and study in architecture and design, educating citizens in American or Virginia culture and heritage, and making the City a more attractive and desirable place in which to live. 13. 10 The Board or the Council , on appeal , shall grant the owner of any building which existed within the Old and Historic Fairfax District in the year 1900 or prior thereto, a permit to raze the said build- ing unless: a. The building is of such architectural or historical interest that its removal would be to the detriment of the public interest; and b. 1. The building is of such interest that it can be made into a historic shrine; or 2. The building 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 126 3. Retention of the building would help preserve and protect a historic place or area of historic interest in the City; or 4. Retention of the building would protect the general welfare by maintaining and increasing real estate values, generating business , creating new positions , attracting tourists , students , writers , historians , artists and artisans, attracting new residents, encouraging study and interest in American or Virginia history, stimulat- ing 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. 13. 11 In those cases where an application is approved, the Secretary shall prepare and the Chairman shall execute a certificate of appropriateness setting forth the nature of the erection, reconstruction, alteration or restoration, as the same was approved by the Board. The applicant shall be entitled to receive the original of the certificate and the Secretary shall forward a copy thereof to the Director of Public Works. The Director of Public Works shall accept said certificate a's evidence of Board of Architectural Review approval required for issuance of building permits. (Effective 5/15/73) Immediately upon approval by the Board of any application to raze a building which existed in the year 1900 or prior thereto, a permit to raze a building existing on or before the year of 1900 signed by the Secretary of the Board and bearing the date of issuance, shall be made available to the applicant. In some instances where the City Council on appeal approves the razing of such a building, a permit to raze a building which existed in the year 1900 or prior thereto, bearing the date of issuance, shall forthwith be signed by the Mayor and made available to the applicant. 13. 12 Whenever the Board shall disapprove an application for a permit to raze such a building existing on or before the year 1900, the applicant shall have the right to appeal to and be heard before the City Council of the City of Fairfax, Virginia, provided he files with the Clerk of the City Council on or before fourteen (14) days after the decision of the Board, a notice in writing of his intention to appeal . Upon receipt of such notice, the Clerk of the City Council shall forthwith notify the City Manager who shall schedule a public hearing before the City Council at a time not less than thirty (30) days after the receipt by the Clerk of such notice, but no such hearing shall be had unless and until the City Manager has caused to be prepared an advertisement stating the time, 127 date, and place of the proposed hearing before the Council , the location of the property involved, and the nature of the hearing; and further has caused such advertisement to be published at least once a week for two successive weeks in some newspaper published or having general circulation within the City. On any appeal , the City Council shall conduct a public hearing on the matter, before rendering any decision, which decision shall be final . 13. 13 Nothing in this article shall be construed to be in conflict with any ordinance which permits the razing of unsafe structures. 13. 14 If any person shall tender a fee to the City in the sum of $50.00 to cover costs in connection with notice, the City Manager shall cause to be mailed to each such person for a period of one year notice of the respective public hearings on all matters concerning the Old and Historic Fairfax Districts , which notice shall be mailed at least five (5) days before a hearing and shall state the time, date, place, and nature of the proposed hearing and location of the property involved. Section 13 effective 11/18/64. 128 j \6 \\ I '� - \b \ \6 \\ - l5T -Al I Se e \64 /24- it 1 1 • .w.■mp i a® ■ I r•=mos•-•••=1.•ammo• -162 'i: .) 117 . lorth St. North St ■ 92 ' l 1 115 116 104 0 106 107 i III • ■ 1A ` 83 108 IIa in (" 80 41" 78 I 79 110 84 103 101 0..98 97 95 1091 l 1 113• 102 "-T-- T 7A i..._,._, nP - �6 / ' 1 i; 91 m 93 94 127 126 N 124 • 1 i . : `,,` ,.n,� - ..—., a Lti ►3 i a i J, ...H!1 1 ;,.i '89 88 •• ,' r 3 / ' I ' I , , ',./l' 1 87 128 130 i r (� 1 -- 0'41 : / ' vN� 129 1 Ave . ~ CO iii/ o 9,Q! S a G e � � � 45 11 • . - , / _L. I: /� , `2 • I ■ t e �' �,•o f cn - ------ 1 , ,#-46A A'S 6 8 Z I1.l �1 ! Ili I 44-t� .I i� / �lJ. 1 / � ` 44 � � II 12 �3•'C vNcY 48 1 South St ' / : • b., :if ' r 1 ; Ir I /� 57�' • '53 Q 4 _A - OLD & HISTORICAL DISTRICT ./i 9 ��� tl, / 54 - ,.., 4"' l 44 -D a 2 i ' f mac_ tff, ,1,, . / �� 414 1 , . 4j i 129 zd ' SECTION 14 SCHOOLS 14.01 INTENT: Nursery schools, schools of general instruction, and schools of special instruction, as defined in Section 2 of this ordinance, whether public, private, parochial , or cooperative, are regulated by this section to protect health and safety, to protect neighboring uses from nuisances occasioned by traffic, number of children present, noise, or type of physical activity, and to provide for adequate off-street parking. Ne provision of this section shall be construed to conflict with any school requirements established by the Commonwealth of Virginia. 14.02 SCREENING REQUIREMENTS: Privacy screening at least 6 feet tall may be required along play area or parking areas abutting a residential lot. Such screening may be vegetative if it meets the height , equirement. Play area may be required to be fenced for the safety of the children attending. These requirements shall not be construed to permit fences or walls which may be prohibited by other sections of this ordinance. 14.03 OFF-STREET PARKING REQUIREMENTS: 14.03.01 In R-1 , R-2 and R-3 zones, no more than two parking spaces shall be provided in the front yard. 14.03.02 No parking areas which consist of three or more parking spaces shall be located in any required setback area or within a distance of 25 feet from any property line in R-1 , R-2 or R-3 zones, or for any school of general instruction. 14.03.03 For nursery schools, or other schools where students are under driving age. Off-street parking areas shall be provided for all parking required for staff and buses, and all loading and unloading. Staff parking shall be provided at the rate of one parking space for each of the maximum number of staff members and employees who will be present at any one time, including shift or session overlap. 14.03.04 For schools of general instruction at the high school level : One off-street parking space for every 10 students of design capacity. 130 14.03. 05 For schools of special instruction and for schools of general instruction above the high school level : Off-street parking shall be provided at the rate of one space per every 100 square feet of gross floor space, or one space for every two students and staff, whichever is greater. 14. 03. 06 All schools using buses shall provide adequate areas for off-street loading and unloading. In the R-1 , R-2 and R-3 zones , one "mini-bus" may be parked as a family passenger vehicle might be parked; parking for any other type of bus or for additional mini-buses shall be provided in the rear yard. 14.04 INDOOR AND OUTDOOR PLAY AREA REQUIREMENTS FOR NURSERY SCHOOLS: 14. 04.01 The design capacity of a nursery school shall be determined by the "available outdoor play area" or the "available indoor play area," whichever is more restrictive. At least 100 square feet of "available outdoor play area," and at least 25 square feet of "available indoor play area" shall be required per child registered per session. The "available outdoor play area" shall be the area located within the building restriction lines exclusive of area covered by buildings , driveways , and parking and loading space. The outdoor play area shall be completely enclosed with a fence at least 4 feet high and shall lie within the building restriction lines. The "available indoor play area" shall consist of the total floor area of rooms used for classes or playing, exclusive of halls , closets , toilet rooms , coat and storage rooms , kitchen, office, sick-child isolation room and living quarters of any staff who live on the ?remises. 14.05 ADDITIONAL PROVISIONS FOR SCHOOLS IN MULTI-FAMILY RESIDENTIAL ZONES: 14. 05. 01 In the R-T and M-1 zones , a school may not be located in one or more of the units designed and built to rent or sell as dwelling units, it being the intent of this pro- vision that building space used as a school be specifically designed and built for that purpose. A school shall not be located directly above or below any dwelling unit, and shall not share a party wall with any dwelling unit. 131 A school shall have direct access to the out-of-doors, which access shall not be through any hall , foyer, or vestibule serving as entrance or exit for any purpose other than the school entrance and exit. More than one exit may be required for emergency use. - Play areas shall be completely fenced and not accessible to children not in attendance. Introduced: November 7, 1967 Adopted: December 5, 1967 132 SECTION 15 EROSION AND SEDIMENTATION CONTROL A. Purpose. The purpose of this ordinance, to be known as the Erosion and Sedimentation Prevention Ordinance, for non-agricultural purposes , is to provide that ( 1) adequate control measures are taken to prevent the erosion, flooding, overflow of storm water, and drainage from land being subdivided or developed during the period of site preparation, development or construction, and thereafter; (2) to provide temporary and permanent safeguards , on all land proposed for development where unstable slopes , highly erodible or other unusual soil conditions exist or will be created during the course of development or construction; (3) to provide soil conservation practices specifically designed for the protection of said lands from erosion, flooding , siltation or sedimentation resulting from the exposure of the soil during the period of site clearance, development or construction; (4) to provide for the establishment of temporary engineering structures and agronomy practices to prevent erosion and sedi- mentation. B. Permits. 1 . Permit Required for Grading, Filling, etc. It shall be un- lawful for any person to change an area of ten thousand (10,000) square feet or more affecting the contour of any lot , parcel , or tract of land in any zoning district by grading, filling, excavating, or the removal or destruction of a portion of the natural topsoil or trees or other vegetative cover thereon for any purpose except agricultural purposes unless and until a permit for such work is issued by the City Engineer to the owner of such land or his agent. 2. Plan Required for Issuance of Permit. A permit for such grading, filling, excavating, or altering shall be issued upon submission to and approval by the City Engineer of a plan prepared and certified by an engineer or land surveyor, as defined by the City Zoning Ordinance to prevent the ac- celerated erosion of the soil of said lot , parcel or 133 tract , and the erosion, flooding, or deposit of silt or sediment upon adjacent lands or into any nearby watercourse or stream or - other body of water, provided that the City Engineer may require additional or revised measures from time to time in the event originally approved measures prove to be inadequate. This plan may be contained on a separate sheet or included with the drainage or grading plan. 3. Permit not to Authorize Changes in Flood Plain. Approval of the plan shall not be construed to authorize the construction or altera- tion of any structure within the flood plain or to authorize any filling, grading, or other change of the contour of said flood plain area without such permit, authorization or approval as may be required by said Zoning Ordinance. C. Standards for Approval of Plan. The City Engineer shall approve the plan referred to in Sec. B.2 and issue the permit provided for in Sec. B. 1 if such plan satisfies the following standards : 1 . The development plan shall be fitted to the topography and soils so as to create the least erosion potential . 2. Wherever feasible, allowing for development permitted in the zoning district in which the land is situated, natural vegetation shall be retained and protected. If necessary to accomplish the purposes of this section, the City Engineer may increase the coverage restrictions contained in other sections of the zoning ordinance to the extent necessary to accomplish the purposes of this section. 3. Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. 4. Sediment basins and similar structural measures shall be installed below high sediment-producing areas to remove sediment from runoff waters from land undergoing development. The owner or his agent shall make provision for regular inspection of these devices after every period of heavy rainfall ; if more than thirty (30) percent of the collecting volume is used up, the owner or his agent shall cause accumulated silt to be removed therefrom. 134 5. The plan shall establish the construction schedule and the sequence for installing protective measures and facilities and shall include provisions for the following: a. The smallest practicable area of land shall be exposed at any one time through appropriate planning and sequential phasing at development. b. When land is exposed during development , the exposure shall be kept to the shortest practical period of time; however, in no case shall a distrubed area be denuded for more than sixty (60) calendar days after substantial work has ceased for any reason. c. All erosion and siltation control structures shall be placed prior to or as the first step in grading. d. Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development. Storm and sanitary sewer lines not in streets shall be mulched and seeded within fifteen ( 15) days after back- - fill and not more than five hundred (500) feet of ditch should be open at any one time. Electric power, tele- phone and gas trenches shall be compacted, seeded and mulched within fifteen ( 15) days after backfill . All temporary earth berms, diversions and silt dams shall be mulched and seeded for temporary vegetative cover within ten ( 10) days after grading. Straw or hay mulch is required. e. The permanent vegetation and structures shall be in- stalled as soon as practical in the development. Cut and fill slopes and other exposed areas shall be seeded or sodded immediately upon completion of final grading. f. Special measures shall be provided to protect any dis- turbed area not paved , sodded or built upon by the first day of November in each year by seeding, mulching or other appropriate means. 6. Conservation practices for erosion and sediment control should equal or exceed the specifications of those contained 135 in the "Technical Hand Book on Erosion and Sediment Control Practices ," by the Northern Virginia Conservation District and any amendments thereto. D. Exceptions. Where alterations to an existing structure do not involve breaking ground, no special plats , plans or permits will be required in con- nection with erosion control . E. Installation and Maintenance Agreement and Bond. 1 . Prior to approval of the plan, there shall be executed by the owner or his agent and submitted with the plan an agreement in form and substance as approved by the City to establish the measures pro- vided for on the plan for the control of siltation and erosion, together with a cash bond, to be held in escrow by the City. The said agreement and bond shall be provided to insure the installation, maintenance and performance of such measures. The bond shall be in the amount of the estimated cost of such measures as determined by the City Engineer. In any case where the Bond Committee rejects any such agreement or bond, the owner or his agent may appeal from such decision to the City Council , provided the owner or his agent has paid to the City of Fairfax the required filing fee. 2.' Upon completion of the work required for which the City has re- ceived an installation and maintenance agreement and bond, as required by Section E. 1 , the owner or his agent may apply to the City Engineer in writing for a Certificate of Completion and Dis- charge of such bond. If the work is found by the City Engineer to conform to the approved plan provided for in Sec. B.2 and other applicable regulations and City ordinances , he shall issue the Certificate within thirty (30) days of receipt of the application. F. Review and Inspection Fee Required. An erosion control review and inspection fee of $25.00 plus $ 10.00 per acre (or any fraction thereof) disturbed shall be paid to the City of Fairfax at the time of submission of plans to the City Engineer. G. Severability. If any sections, subsections , sentence, clause or phrase of this ordinance is for any reason held to be void, unconstitutional or for any reason invalid, such invalidity shall not affect the validity of 136 the remaining provisions of this ordinance. The Council hereby declares that it would have passed this ordinance and every section, subsection , sentence , clause or phrase thereof, ir- respective of the fact that any one or more sections , sub- sections , sentences , clauses or phrases be declared void, un- constitutional or invalid. Adopted: October 10, 1972 Effective: October 10, 1972 137 SECTION 17 TREES Purpose and Intent The purpose and intent of this section is to establish protective regulations for trees in the City of Fairfax in order to better control problems of flooding, soil erosion, air pollution and noise, to make the City a healthier, safer and more aesthetically pleasing place in which to live. It is the further intent of the City Council to prevent reduction of property values which could result in the proliferation of substandard development, to prevent increases in the cost of maintenance of drainage systems occasioned by increased flow and diversion of surface waters, to dissuade unnecessary clearing, disturbing and deforestation of land so as to preserve insofar as is practicable the natural and existing growth of vegetation, and to control the destruction and removal of trees in the City so as to benefit its citizens and to prevent a diminution of City real estate tax revenues and at the same time to make such controls and regulations reasonably consistent with the enjoyment of private property inter- ests. For purposes of this ordinance "tree" shall be defined as any living woody plant having a trunk with a diameter of five (5) inches or more at a distance of six (6) inches above the ground. A. Permits required. Any person including, but not limited to, any public or private firm, corporation, homeowners association or governmental authority, desiring to cut down, remove or destroy any tree on any lot of any zoning category, ex- cluding lots of one acre or less and on which one or more occupied buildings or structures are located, shall first make an application in writing upon the form provided to the Office of the Zoning Administrator. B. Issuance of permits. I . The Zoning Administrator shall issue a permit to the applicant unless he shall find that the action of the applicant will adversely affect the control of problems of flooding or soil erosion, or be a danger to surrounding property or persons, or that the tree or its placement is of such historic value that it should be saved, or in any other way violates the purpose and intent of this ordinance. 2. In determining whether to grant or deny a permit the Zoning Administrator shall consider: a. the effect of the proposed tree removal action upon the stabilization of soil , lakes, ponds, streams and rivers; 138 b. the intended use of the property and feasible alternatives within that use which would preserve existing trees ; c. the existing topography of the land and any proposed changes in the topography and proposed landscaping; d. the hardship imposed or the reasonable use denied to the applicant as a result of permit denial , or as a result of the issuance of a permit subject to conditions, restrictions or limitations ; e. historical value of the trees; f. good horticultural and/or forestry practices; g. the effect of the proposed tree removal on the deadening and absorption of sound and on photosynthetic activity. G. Acts harmful to trees. 1 . It shall be unlawful for any person including, but not limited to, any public or private firm, corporation, homeowners association or govern- mental authority to abuse or mutilate any tree regardless of its size, growing or standing on any public property or on the right-of-way to any property owned by a public agency; provided nothing in this section shall be construed to prevent reasonable trimming of trees necessary to clear the right-of-way, subject to the other provisions of this Section. 2. It shall be unlawful for any person, public or private firm, corporation, homeowners association or governmental authority to attach to a tree any sign, notice, placard, bare or insulated wire which conducts electrical current or other device that may injure the tree. 3. It shall be unlawful to allow any substance harmful to trees to come in contact with them, and it shall be unlawful to prevent water and oxygen from reaching the roots of the trees. 4. It shall be unlawful for any person including, but not limited to, any public or private firm, corporation, homeowners association or govern- mental authority to cover the ground with any impervious material any closer to the trunk of the tree than the extent of the branches from the trunk. This provision may be waived by the Zoning Administrator if in his judgment coverage of the ground planned for any particular site will not harm the tree or trees growing there. D. Tree protection zone. There shall be designated on every lot or parcel of land an area known as the tree protection zone. This zone shall be that area between the property 139 line and the building restriction and setback requirement lines as estab- lished in the proper zoning category. To prevent the unnecessary destruction of trees before or during development of any tract or lot, trees shall not be cut, otherwise damaged or destroyed within the tree protection zone, except to permit vehicular and pedestrian access after a permit has been obtained in accordance with Paragraph A of this Section. To prevent the unnecessary destruction of trees before or during redevelopment of any tract or lot regardless of size, trees shall not be cut, otherwise damaged or destroyed within the tree protection zone except where this provision is waived by the Zoning Administrator. E. Diseased or dangerous trees. In the event that the Zoning Administrator finds that a tree growing on private property creates a hazard or dangerous condition, threatens the general public safety or welfare, or becomes diseased, the Zoning Administrator or his agent shall have the authority to order the owner to remove the tree or otherwise eliminate such hazard, danger or diseased condition. In the event that the property owner fails to abide by the order, the Zoning Administrator or his agent shall have the right of entry, the authority to remove the tree or otherwise remove the hazard, danger or diseased condition, and the power to assess the cost thereof against the property owner, pro- vided that reasonable notice is given to the property owner. - F. Plan Applicants who propose to cut down, remove or destroy existing trees on any parcel covered by this Section in conjunction with a subdivision or resubdi- vision of land, land development, or in conjunction with the erection of a structure or structures shall be required to submit a plan containing as much or all of the following data as deemed feasible by the Zoning Administrator: 1 . the location and number of all trees which are at least five (5) inches in diameter at six (6) inches above the ground; 2. trees to be removed and trees to be maintained; 3. specifications for the removal of trees and protection of trees during construction; 4. grade changes or other work adjacent to a tree which might affect it adversely, with specifications on how the ground drainage and aeration will be maintained around the tree; 5. all trees to be planted, regardless of size; 6. such other information that the Zoning Administrator shall deem essential . 140 - Other applicants , proposing to cut down, remove or destroy existing trees not in conjunction with a subdivision or resubdivision of land, land develop- ment, or in conjunction with the erection of a structure or structures shall • be required to submit an application containing so much of the data con- tained in subparagraphs F. l . through F. 6. above as the Zoning Administrator deems necessary to enable him to make the determinations required by sub- paragraph B.2. above. Building moving permits. The Zoning Administrator along with any other affected City department shall review and approve all applications for building moving permits within the City before the City will grant the permit. In reviewing the request for a building moving permit the Zoning Administrator shall ascertain that no damage will be done to trees along the route of movement. In cases where damage is likely to result the requestor shall be required to seek and be granted relief from provisions of subparagraph C. 1 . of this ordinance by the City Council before the building moving permit may be issued. Tree protection during development. During any building, renovating or razing operations the builder will take reasonable protective measures designed to ensure the preservation of trees specified to be maintained. Scope. This ordinance extends its protections to every tree as defined, on lots covered by this ordinance, and the destruction of each tree shall be con- sidered a separate violation. Enforcing authority. The Zoning Administrator or his agent shall be charged with the enforcement of this ordinance. Legality of section or parts thereof. Should any paragraph, clause or provision of this Section be declared by the courts to be invalid, the same shall not affect the validity of any other provision of this Section. L. Appeals. Any person aggrieved of any decision of the Zoning Administrator may, within ten (10) days from the date of mailing notice of the Zoning Administrator's decision to the applicant , file in writing at the City Manager's office a request for an appeal to the City Council . Reasonable notice of any such 141 request shall be given to any person required to be notified of the original application. At the earliest practical time the Council shall announce in open meeting the date of a public meeting upon the appeal . The Council - shall consider the appeal upon the standards and regulations stated in this Section. The Council may affirm overrule or modify the decision of the Zoning Administrator upon any such appeal . (Effective 6/5/73) - I 142 SECTION 18 ARCHITECTURAL CONTROL DISTRICT 18. 1 Purpose of Chapter. In order 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 develop- ment of business and industry, and thereby deteriorate taxable land values and commerce below levels necessary to finance acceptable levels of municipal services , it is the purpose of this chapter (1) to pro- vide for the designation of architectural control districts within land areas zoned for commercial , industrial and public buildings use; (2) to charge the Board of Architectural Review (BAR) (Section 13.05) with the responsibility to regulate the exterior appearance of buildings, structures and improvements proposed for alteration or erection in such districts; and (3) to set standards and procedures to be followed by such board, and on appeal from its decision, by the City Council . 18.2 Designations of architectural control districts. All land areas in the City outside the "Old and Historic Fairfax District" which are zoned for other than single-family detached residences are designated as an architectural control district. In addition, any lot parcel or area of land within any area zoned for single-family detached residences outside the "Old and Historic Fairfax District" used for other than single-family detached residences or is the subject of an application for a use permit or building permit involving any such other use is designated an architectural control district. The terms and strictures of this ordinance shall not apply to auxiliary and ancillary buildings in residential areas , nor shall such terms or strictures apply to parcels zoned for semi-detached residences or town houses after such semi -detached or town house residences shall have been initially erected. 18.3 Approval of erections , reconstructions and alterations in architectural control districts--required; waiver of requirements. No structure, building or major improvement or major landscape features surrounding such building, structure or major improvement located on any land within the architectural control district shall be erected, reconstructed, altered or restored until the plans for such shall have 143 been approved by the Board of Architectural Review; provided that _ the provisions of this chapter shall not apply to the regular main- tenance of the same as opposed to the reconstruction, alteration or restoration. For the purposes of this section the repainting of a structure or building which results in the complete change of color of the said structure or building or a substantial portion thereof shall be deemed an alteration and not regular maintenance. The Board may, after hearing the evidence in any case properly before it involving reconstruction or alteration only, waive part or all of the requirements of this chapter upon a written finding that the application involves reconstruction or alteration only and will not materially affect the exterior appearance of the structure involved. Such decision of waiver shall constitute a final decision of the Board within the meaning of Section 18.6 and Section 18.7 of this chapter and shall be appealable. The Board of Architectural Review is hereby directed as soon as may be practicable after the effective date of this ordinance and from time to time thereafter as shall be necessary to formulate and publish a statement of guide lines for the edification of applicants designating the types and kinds of improvements which will be treated as "major" improvements for the purposes of this section. The statement of guide _- lines will contain such descriptive detail of physical features and will designate such number of categories of types of improvements as will best inform the public of the kind of improvement included within - the scope of this section. 18.4 Same--Same--Application. (a) Application for approval by the Board for the construction, reconstruction, alteration or restoration of any building within an architectural control district shall be submitted to the City Planning Director (CPD) to determine whether the proposed alteration or improvement lies within the scope of this section in accordance with Section 18.3. In the event of a disagreement between the applicant and the CPD, the applicant may request the CPD to schedule an informal hearing before the BAR at its next regular meeting. Such hearing shall be for the purpose of determining whether the applicant's proposal falls within the scope of this section and he shall not be required to present plans, renderings or maps at this time. The decision of the BAR shall not constitute a final decision within the meaning of Section 18.6 and 18.7 of the chapter and shall not be appealable. (b) If the CPD (or, on appeal , the BAR) determines that a proposed alteration or improvement lies within the scope of this section, - the applicant shall submit, in addition to his application, such 144 other of the following as the CPD (or the BAR) shall deem neces- sary for determination of the application: (1) an architectural rendering and plans of all buildings and structures showing style of architecture prepared by a registered architect; all colors , materials and finishes shall be shown by notation or by use of accepted architectural symbols; (2) a site plan; and (3) a vicin- ity map and renderings or photographs of all development on immediately adjacent properties. The applicant may submit such additional material in writing, and graphically, as he desires. For purposes of this section, no site plan shall be required where there is proposed no change in any external dimension or the location of any existing structure. Each application shall be assigned a docket number by the CPD. (c) Upon receipt of any application the CPD, after determining that the requirements of subsections (a) and (b) of this section have been satisfied, shall within fourteen ( 14) days forward the application together with his recommendations on the same to the chairman of the Board of Architectural Review. (d) Upon receipt of any such application, the chairman of the BAR shall thereupon place the application on the agenda for consider- ation at the first regular meeting of the BAR to be held not less than ten (10) days after such receipt by the chairman. 18.5 Same--Same--Hearing. During the consideration of an application filed under this chapter, the Board of Architectural Review shall hear the testimony of any party desiring to be heard in support of or in opposition to the application. Such testimony shall be strictly confined to the question of whether the proposed construction, reconstruction, alteration or restoration satisfies or does not satisfy the criteria for the same set out in this chapter. The Board shall hear any oral testimony that the City Planning Director desires to present. 18.6 Same--Same--Decisions; Certificate of Approval . (a) The Board of Architectural Review shall vote in open hearing and publish its decision in writing on any matter properly before it not later than the next regular meeting after the conclusion of hearing evidence on the matter, unless time is extended by mutual agreement between the Board and the applicant. (b) In all final decisions rendered pursuant to this chapter, the Board shall briefly state its findings in writing, and in the case of disapproval , it may make recommendations to the applicant with respect to the design, texture, material , color, line, mass , 145 dimension or lighting of the building involved. In case of disapproval , accompanied by such recommendations thereon, the applicant may again be heard before the Board, if within ninety _ (90) days he has accepted all such recommendations of the Board. (c) Approval by the Board of any application filed hereunder shall be evidenced by issuance of a certificate of appropriateness, signed by the chairman and attested by the secretary, designating the docket number, name of applicant, date of approval , identifica- tion of property involved and a brief description of the construc- tion approved. The applicant shall be entitled to receive the original of the certificate, and the secretary shall forward a copy of the certificate to the Director of Public Works. 18.7 Same--Same--Appeals. Whenever the Board of Architectural Review shall , in a final decision, approve or disapprove, or waive jurisdiction over any application filed pursuant to this chapter, the applicant, or any other person with ;ustifiable cause, shall be entitled to appeal such decision and be heard thereon before the City Council ; provided that there is filed with the City Clerk, on or before fourteen (14) days after the decision of the Board, by the appellant, a notice in writing of such appeal and a fee of twenty-five dollars ($25) to cover the cost of advertising for the Council hearing, provided further that whenever such notice of appeal is filed by a party other than the applicant such notice shall be accompanied by a petition for such appeal in writing, signed by twenty (20) electors of the City. Upon the filing of notice of appeal as provided herein, the City Council shall thereupon schedule a public hearing before the City Council not more than thirty (30) days after the filing of such notice; provided that no such hearing shall be had unless and until the City Clerk has caused to be published at least once in a newspaper of general circulation with the City, at least seven (7) days before such proposed hearing, an advertisement stating the time, date and place of the hearing before the Council , the location of the property involved, the name of the applicant and the nature of the building for which approval is sought. 18.8 Hearing before City Council . On any appeal to the City Council the final decision of the Board of Architectural Review shall be stayed pending the decision of the City Council . The Council shall conduct a full and impartial public hearing on the matter before rendering any decision. The same procedure and standards shall be applied by the Council as are established for the Board of Architectural Review. The Council may affirm, reverse or modify the decision of the Board, in whole or in part. The decision of the Council shall be final subject to the provisions of Section 18.9. 146 18.9 Appeals to County Circuit Court. Parties aggrieved by the decision of the City Council , rendered pursuant to Section 18.8, shall have the right to appeal to the Circuit Court of the County for review by filing a petition, at law, setting forth the alleged illegality of the City Council 's action; provided that such petition is filed within thirty (30) days after the final decision is rendered by the City Council . The filing of the petition shall stay the Council ' s decision pending the outcome of the appeal to the court. 18. 10 Design Criteria. The Board of Architectural Review and, on appeal , the City Council shall use the following standards and criteria in considering applica- tions filed under this chapter: (a) that the proposed architectural design is suitable for a good suburban community in terms of external architectural features, general design and arrangement, texture, color, line, mass, dimension, material and lighting. (b) that the proposed design, material , texture, color, light, landscaping, dimension, line, mass, roof line or height of the proposed structure, building or improvement harmonizes and blends pleasantly and aesthetically with surrounding and adjacent buildings and areas. (c) that , and to what extent, the proposed structure, building or improvement would promote the general welfare and protect the public health, safety and morals by tending to maintain or aug- ment the City tax base as a whole, generating business activity, maintaining and creating employment opportunity, preserving historical sites and structures , and making the City a more attractive and desirable place in which to live. (d) that proposed free-standing buildings use the same or architect- urally harmonious materials , color, texture and treatment for all exterior walls ; and in the case of partially free-standing buildings, whether or not the same or architecturally harmonious materials, color, texture and treatment are used on all portions of all exterior walls exposed to public view. (e) that the combination of architectural elements proposed for a structure, building or improvement, in terms of design, line, mass, dimension, color, material , texture, lighting, landscaping and roof line and height conform to accepted architectural principles for permanent buildings as contrasted with engineering standards designed to satisfy safety requirements only, and exhibit external characteristics of demonstrated architecture and aesthetic durability. 147 (f) that, in terms of design, material , texture, color, lighting, _ landscaping, dimension, line, mass or roof line and height, - the proposed structure, building or improvement is not designed to serve primarily as an advertisement or commercial display, does not exhibit exterior characteristics likely to deteriorate rapidly, would not be of temporary or short-term architectural or aesthetic acceptability, would not be plainly offensive to human sensibilities or would not otherwise constitute a reasonable foreseeable detriment to the community. 18. 11 No specific architectural style to be required. The Board of Architectural Review, and the City Council on appeal , shall not adopt or impose any specific architectural style in the administration of this chapter. 18. 12 Deviations from approved plans prohibited. Nothing contained in this section shall be construed as authorizing the BAR to restrict or prohibit a use to which a parcel may be put if such use is permitted under existing zoning regulations or to restrict or limit an applicant from taking full advantage of maximum permissible - utilization of building specifications. 18. 13 Compliance with Ordinance. Any persons failing to comply with the provisions of this ordinance shall be guilty of a misdemeanor. (Effective 5/15/73) • 148 SECTION 19 STORM DRAINAGE FACILITIES 1 .0 PURPOSE It is the purpose of this Ordinance to define those storm drainage facilities which must be provided by land owners to control rainfall runoff from and across their property in a manner not detrimental to other inhabitants of the City and to preserve where possible presently existing natural creek channels. It is the further purpose of this Ordinance to minimize the adverse effects of storm water runoff on downstream drainage ways within the City. 2.0 DEFINITIONS 2.0.1 On-Site Drainage Facility - A facility located on a site which serves the purpose of collecting rainfall falling on the site and routing it to Primary Drainage Facilities, Creeks or Channels. 2.0.2 On-Site Detention Facility - A facility located on a site which serves the purpose of collecting and detaining rainfall falling on the site for controlled release to the Primary Facilities as a result of land alteration. 2.0.3 On-Site Retention Facility - The same as on-site detention facility except that the lower elevation of the pond may be at a level lower than the normal hydraulic grade line of the drainage system into which it drains . Water detained in this lower elevation must therefore be dissipated by evaporation into the atmosphere or seepage into the soil . 2.0.4 Primary Creeks and Channels - Natural creeks and open channels located on either private or public property which serve the purpose of collecting rainfall runoff from other sites and rout- ing it from the City to the rivers. A creek or channel shall be considered a PRIMARY facility if it accommodates a runoff flow of at least 1 .5 times that amount originating from the site on which it is located. 2.0.5 Primary Drainage Facilities - Culverts, gutters, enclosed channels, etc. , which serve the purpose of collecting rainfall runoff from other sites and routing it to Primary Creeks and Channels. Drain- age facilities shall be considered as PRIMARY if they accommodate a flow of at least 1 .5 times that amount originating from the site on which they are located. 2.0.6 Municipal Detention Facilities - Municipally-owned facilities located along Primary Drainage Facilities. Creeks or Channels which serve the purpose of reducing peak flow by metered release and by storage of that input flow which exceeds the metered output. 2.0.7 Design Storm - All possible combinations of particular storm intensity - - duration events occurring on the DESIGN STORM CURVE. 149 2.0.8 Peak Runoff - The largest runoff intensity which will occur from a particular storm intensity - duration event on the DESIGN STORM CURVE . 2.0.9 Maximum Peak Runoff - The largest Peak Runoff which can occur from any of the particular storms on the DESIGN STORM CURVE. 2.0. 10 Metering - Controlled release of water into the primary drainage system. 3.0 (RESERVED) 4.0 PERFORMANCE STANDARDS FOR FACILITIES Facilities shall be designed and maintained in such a manner as to minimize economic and environmental cost to the City and its inhabitants. Ponding facilities for the detention and retention of storm water runoff shall have sufficient capacity to safely pass flood flows from a 24-hour storm, caused by the most severe combination of (critical) meterologic and hydrologic conditions considered to be reasonably characteristic or possible in the area. The time distribution of rainfall during the 24-hour period shall be arranged in such a manner as to maximize storm water runoff. Standard engineering safety factors will be observed as minimum requirements in the design of all detention and retention facilities. Nothing in this paragraph will prevent the City of Fairfax from applying more restrictive criteria to the design of any and all facilities for the detention or retention of storm water runoff. This require- ment will be met if facilities perform as specified under the worst combinations of the specified design storm as defined in the Fairfax City Drainage Facility Specifications. USAGE PERFORMANCE REQUIREMENT DESIGN STORM a) On-site drainage Para. 4.1 .1 Detention storm b) Streets gutters and inlets Para. 4.1 .2 10 year storm c) .Culverts/storm sewers Para. 4.1 .3 100 year storm* d) Channels Para. 4. 1 .4 100 year storm e) Creek detention Para. 4.1 .5 100 year storm f) On-site detention Para. 4.1 .6 100 year storm 4.1 PERFORMANCE REQUIREMENTS 4. 1 . 1 ON-SITE DRAINAGE shall be adequate to prevent flooding or damage to any structure located on the site. 4. 1 .2 GUTTERS AND INLETS shall be adequate to limit the spread of water in the street to ten (10) feet. 4.1 .3 PRIMARY DRAINAGE FACILITIES Where culverts, storm sewers or other enclosed conduits have been approved for use by the Director of Public Works or his designee as storm drainage transport they shall , in addition to meeting -• In the absence of potentially damaged private or public property the 25-year design storm shall be used as a minimum. 150 other requirements , be adequate in the opinion of the Director of Public Works or his designee to prevent flood damage to private or public property. Conduits used in con- - junction with gutters and inlets shall be adequate to limit the system hydraulic grade line to no higher than one (1) foot below the grade of the gutter. 4.1 .4 CHANNELS Where primary channels or other open conduits have been approved for use by the Director of Public Works or his designee as storm drainage transports they shall , in addition to meeting other require- ments, be adequate in the opinion of the Director of Public Works or his designee to prevent flooding outside of any flood plain area designated in the Zoning Ordinance. 4. 1 .5 CREEK DETENTION SYSTEMS These systems shall have adequate capacity and metering to prevent flooding and flood damage outside the flood plain area as designated in the Zoning Ordinance. Where creek detention is to be utilized in order to solve an existing flooding problem within the flood plain, the City Engineer may specify, increased capacity and lower release rates. 4. 1 .6 ON-SITE DETENTION SYSTEMS are used to offset the loss of natural water detention and natural metering caused by' land alteration. The system shall have adequate capacity and metering to limit the maximum runoff from the site after land alteration to a value no greater than that which existed before the alteration for the specified design storm. 4.2 DESIGN, CONSTRUCTION, INSPECTION AND MAINTENANCE REQUIREMENTS shall be as defined in the Fairfax City Storm Drainage Facility Specifications as they may be hereafter promulgated by the City Engineer and approved by the City Council from time to time. 5.0 USAGE, IMPROVEMENT, AND PRESERVATION OF CREEKS AND CHANNELS Natural creeks and drainage channels shall be used where available to route storm water runoff from the City. Natural drainage systems will be improved where necessary to meet the specified performance standards for land conditions which exist as of September 17, 1974. To the maximum degree possible, these improvements shall be made in such a manner as to preserve, enhance or restore the vegetation, including trees, along the creek line so that the aesthetic, environmental and ecological values of the vegetation are not lost to the community. Where land alteration after September 17, 1974, will result in increased runoff, detention or retention ponds must be provided so that such additional runoff will not appreciably increase the load on the existing storm drainage system. 6.0 LANDOWNER' S DUTIES AND RESPONSIBILITIES 151 6.1 . 1 LAND ALTERATION RESULTING IN SAME OR LESS RUNOFF THAN FOR SEPTEMBER 17, 1974 USAGE . The landowner shall provide on-site drainage facilities where _ necessary to channel rainfall from the landowner' s property to existing natural drainage streams or City owned drainage systems. The design and Construction of such facilities shall be in accordance with the City of Fairfax Storm Drainage Facility Specifications as they may be hereafter promulgated by the City Engineer and approved by the City Council from time to time. 6. 1 .2 LAND ALTERATION RESULTING IN GREATER RUNOFF THAN SPETEMBER 17, 1974 USAGE. The landowner shall provide on-site detention, on site drainage, or retention pond facilities in accordance with the Fairfax City Storm Drainage Facility Specifications as they may be hereafter promulgated by the City Engineer and approved by the City Council from time to time. Retention ponds will be permitted as an altern- ative to detention ponds where necessitated by the topography of a particular site and with the approval of the City Engineer. Per- formance standards for retention ponds will be the same as for detention systems. Where on-site detention or retention cannot be practically accomplished the landowner shall as an alternative pay for improvements to those existing drainage systems, as. necessitated by his land alterations. Neither detention nor retention shall be required where land alterations do not increase the runoff more than fifteen (15) percent of the runoff existing - on the site as of September 17, 1974 In addition, if the area of the site undergoing alteration is less than one acre and said site or lot exists on September 17, 1974, neither detention nor retention shall be required. 6.1 .3 NATURAL DRAINAGE CHANNELS ON PRIVATE PROPERTY Where natural drainage channels pass through a landowner' s property, it shall be the responsibility of the landowner to maintain the natural channel in a manner which will not be detrimental to other inhabitants of the City. No change shall be made in the contours of any land which af- fects the course, width or elevation of any flood plain or natural or other drainage channel in any manner which will obstruct, inter- fere with or change the drainage of such land without providing adequate drainage in connection therewith, as approved by the City Engineer. The bounds of the natural stream channel are to be considered as extending to the water level identified for the "100 year storm" as defined in the Zoning Ordinance. All natural stream modifications and maintenance are to be accomplished in accordance with the Fairfax - City Storm Drainage Facility Sepcifications as they may be hereafter promulgated by the City Engineer and approved by the City Council - from time to time. 152 6.1 .4 MAINTENANCE OF ON-SITE DRAINAGE FACILITIES a) The landowner and his successors in title to the facilities and the site served thereby shall be responsible for the repair, replacement and other main- tenance of the facility. b) The landowner and his successors as aforesaid shall perform periodic main- tenance on the facilities and such other repairs, replacements or maintenance thereon as may be required by the City Engineer. c) The City Engineer, his agent or representative, may inspect the facilities from time to time to determine the necessity of repair, replacement or other maintenance thereof. d) If the facilities are determined to be in need of repair, replacement or other maintenance, the City Engineer, his agent or representative, shall serve on the landowner a written notice describing the condition of the facilities and specifying the required repairs, replacements or other maintenance to be made to correct the said deficiencies. Such notice shall require the landowner to comply with the terms thereof within ten days of receipt. e) Any landowner aggrieved by the determination of the City Engineer his agent or representative, may appeal such determination to the City Council within ten days of the receipt of notice thereof. Such appeal shall be placed on the agenda for the next public Council meeting after notice of the appeal is given. f) Upon refusal or neglect by the landowner or his successors as aforesaid to comply with the repairs, replacements or other maintenance required by the City Engineer, the City of Fairfax, Virginia, through its agents or employees, may repair, replace or otherwise maintain such facilities. g) In the event the City of Fairfax, Virginia, through its agents or employees, repairs, replaces or otherwise maintains any facility after complying with the notice requirements of this section, the costs or expenses thereof shall be charged to anJpaid by the landowner and/or his successors as aforesaid and may be collected by the City of Fairfax, Virginia, as taxes and levies are collected. h) Every charge authorized by this section with which the landowner and/or his successors as aforesaid has been assessed and which remains unpaid shall constitute a lien against the property. 7.0 CITY RESPONSIBILITIES 7.0.1 CITY OWNED DRAINAGE SYSTEM The City shall maintain and control natural drainage systems and other drainage or detention or retention systems which have been constructed by or dedicated to the City. In no event will the City be financially responsible for maintenance of private systems. 7.0.2 CITY OWNED DRAINAGE SYSTEM - DEVELOPMENT IMPACTED The City shall specify, design and construct off-site improve- . ments to the storm drainage system when such improvements are made necessary by changes in land use and when additional runoff caused 153 by such changed land use cannot be adequately accommodated by "detention or retention" systems; such off-site improvements are to be paid for by those landowners whose land alteration - made the improvements necessary. 8.0 The provisions of this Ordinance are separable and independent and in the event that any provision, section, clause or paragraph hereunder shall be declared illegal , unconstitutional or null and void by any court of competent jurisdiction, the remaining provisions, sections, paragraphs and provisions hereof shall remain in full force and effect. (Effective 9/17/74) 154 STORM DRAINAGE FACILITIES SPECIFICATIONS 1 .0 PURPOSE This document specifies design, construction, inspection and maintenance requirements for Storm Drainage Facilities to be used within the City of Fairfax. 1 .1 CONTROL This document is controlled by the Department of Public Works. Revisions are to be promulgated by the City Engineer and approved by the City Council . 2.0 APPLICABILITY The design, construction, inspection and maintenance of all Storm Drainage Facilities within the City, whether privately or Municipally owned, is to be accomplished in accordance with applicable paragraphs of this Specification. 3.0 DESIGN REQUIREMENTS All facility design computations and drawings must be submitted to the City Engineer and approved by him prior to the issuance of building permits or the approval of site plans or subdivsion plats. A copy of the design documentation will be kept on file by the City • Staff. A record of land use existing on September 17, 1974, and assumed water runoff rate coefficients and stream flows will be maintained by the City Engineer and made available for use in facility design. Runoff coefficients used in computation of land alteration drainageirrpact will be per Table 1 or appropriately computed runoff coefficients based on actual site plans and soil conditions. The City Engineer will supply estimates of peak runoff and stream flows for use in the design of Primary Channels, Culverts and Detention Facilities; these values will be based on assumed development in accordance with the Comprehensive Development Plan. TABLE 1 Condition Coeff. C Undeveloped .30 (CU) Single Family Detached .51 Planned Development .60 Multi-Family Development .75 Commercial .90 Industrial .75 4.1 ON-SITE DRAINAGE FACILITIES Where on-site drainage facilities are proposed by a developer he shall specify the following: 155 a. Safety Factors b. Material Identification c. Cleaning, Maintenance, Inspection Provisions Design storms will be 'specified by the City per Appendix A. 4.2 ON-SITE DETENTION FACILITIES The design of on-site detention facilities or such retention facilities as may be requested or approved by the City shall be per the following: a. Design Storm - The Design Storm used to establish facility sizes shall be as specified in Section 19 of the ORDINANCE and defined by Appendices A and B to the specifications. b. Peak Discharge Flow - The discharge flow from the facility, when operating at the SPILLWAY overflow level (see Appendix C) , shall be + 10% of the Maximum Peak Runoff which would have resulted from the specified DESIGN STORM and the September 17, 1974 land use. c. Minimum Volume - The detention volume shall as a minimum be equal to the additional runoff volume from the site caused by the land alteration and the specified design storm. The detention volume shall be computed by the hydrograph method . The design storm shall be the 100 year storm for a 6 hour duration (5.5 inches) . d. Spillways - All Detention facilities shall contain Spillways so designed and constructed as to convey that excess flow which could occur from a Standard Project Storm without damage to the facility or upstream and/or downstream properties within the City. e. Structural Safety Factors - Standard engineering safety factors are to be applied to all detention facilities. f. Erosion Control - The proper material for channel linings is to be provided to prevent erosion from the mean design channel velocity. g. Debris - Debris is to be removed periodically to maintain efficient hydraulic functioning. Trash racks shall be used. 4.3 MUNICIPAL CREEKS AND CHANNELS Design criteria as per Section 4.2 where applicable. 4.4 MUNICIPAL DRAINAGE FACILITY Design criteria as per Section 4.2 where applicable. 4.5 MUNICIPAL DETENTION FACILITIES The design of Municipal Detention Facilities shall be per the following: 156 v. Design Storm - The Design Storm used to establish facility sizes shall be as specified in the Ordinance and defined by Appendices A and B. b. Peak Discharge Flow - The discharge flow from the facility, when operating at SPILLWAY overflow level , shall be + 10% of a value specified for the particular facility as the MAXIMUM PEAK RUNOFF flow which will result in a zero damage flood height along the downstream channel . Under no circumstances will this flow exceed the MAXIMUM PEAK RUNOFF which would occur from the specified DESIGN STORM and the September 17, 1974 land use. c. Minimum Volume - The detention volume shall as a minimum be equal to the additional runoff volume from the site caused by the land alteration and the specified design storm. The detention volume shall be computed by the hydrograph method. The design storm shall be the 100 year storm For a 6 hour duration (5.5 inches) . d. Spillways - Same as paragraph 4.2 e, Structural Safety Factors - Same as paragraph 4.2 f. Erosion Control - Same as paragraph 4.2 5.0 CONSTRUCTION REQUIREMENTS All construction shall conform to the A.S.T.M. standards, the V.D.H. Road and Bridge Specifications as amended, and the BOCA Code as amended. 6.0 INSPECTION REQUIREMENTS Periodic inspections shall be performed by the City to insure that the facilities are being built in accordance with the plans and specifications. These specifications are hereby adopted and approved the 17th day of September, 1974. r 157 City of Fairfax,Virginia Rainfall Intensity vs. Duration Design Storms Return Periods 10 =======in======== ® '�= i rose -... -... ..... - I --I- .�--_f.--.� �=411a= ° �=11= X112 w-1---:-•-- .--•_:.!.._1.._'_.--1----"1 8s �=I �1�/0°■■88=o i�i1��===■�w_= . _!-....r-----1- -- - {--I F-I 6 -' — o: 0 HIGHWAY SOIL SERVICE ril gg:�� _� • RETENTION SYSTEM i WE _ i -- _.....® 4 _, m �Sp DESIGN PTS, I ZIM a �w-' MNp� 5_ ` �+ 1111 A FAILURE MAY DAMAGE _J I ME r10 __ � NNE. 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II.,_ v 4 riard. =m �'4p_e° _ 91.1rardlid=01. .nth'-me da 3 WN■.0. .oaur.w... a.aY� =� B — aHw...a.w....., � T. — 7,1 wpa. M. �1 �. O rim aim win= =ma am.maw Nom —.. p1... —1–_-,-.L4.7 ♦ ate.a�.aw a�aaa....a. n�wa�Cw= NCI w • _.-- -�w.. C wr—..ow p� —�Wpr p�� per/ .mow ..IN..m.aamuau mumof es urn ma w n ai.... 4� 1�a..N i.����.im '� #a. T_,NM II ONO Q ■ ommo a Mu s11111111111 ■■p.■■■■pn ■ G► ,_ «Itw==.__. _.1 : I -f,r.. - 11111111111111112111111 1 ■■1111161np11■■■M/ ■■■■■■■■11 _ ��,� S.P.S. (STD. PROJ. STORM) C ■<ltd■■■tu1�utuuuuMC Illinnnau.■tf1<111i111n `il—. CP l0 I III III�IWWIIIWD//0�t1��■uUU hi U• i UUIMR . 1 if/up� , , ,.,,r„ , ,,! r:. , . .1 . , I 9 ���. =.p�=uMi.=i=....=i.�.aww=...OMB= ` wi,=_a_____� _-..•....�-.i--,`-� II ...isaa 1=121211 M N=rialri =Al�.�.�1.- 741w8.a1N■.aia.u9�asaa�i - _. ,. a.nwp.aNYaw , --- 7 ■(111■■p r m■11/111 apOl■H■�pimml■��now N ow___ j---'-- . 6 Minn YW11M1�■IHp®N�dNn1f�M■IQ■�0� i-f=1 i -i--_ .-t- i-I:!,^ ,.- - 4 �.•-; --- I•M :off NIs ”' EM� ESEs - 100 yr. Storm } 3 .': __1 ®C:i"i ' == =1;221 ••-- - (Detention Storm) �,,.,.M ® E-d°11=i=WVMi fn 11 il-. , '1-_x1 Es slB _ 25 yr. Storm; . . .., 2 C avh=m MME= gists `;10 yr. Storm-i .: -.:- -; 1 .........N .M. ..wa ..n. 4awoar...a..aw.va .�.. wws,yw.wwo .... - ••� aaa.. nw awnuUa...w.sot s.. www..w.t.u....wwi>... �` ■■■■a � in lima ■1a■1■1/.nl re11.■n■=E1 EIS NI rill_=i uRu ■IINM° ilnuie`i'ii5iinumnppmma mu n�:/ i11niu1■lmrnur ■iil■u mums uMnnilu■■n111nunlnutunn I ma uitiuuum uWia 1 uol®i® a � ' a i f 2 3 4 5 6 7 8 910 2 3 4 5 6 7 8 910 2 f 3 4 5 6 7 8 9 10 10min. 24hrs. Duration of Rain —(Hours) . (Appendix A) Storm Drainage Specification - a 158 '1 ) N H L CD G: i L 'N vi O N — .1 Z -sr N - ,� < • E N 1.- V LEM 1•00110 rs G _N _o v; w 22j C5 •0 CO O l.1... .. g a®. a- c� — 0 p h. 9 of m X a) 7 LA C. 00 m® < N , , - _-.-.-,—, O ! in O to o U, O N N _" I S3;-I)NI 11VO NIVZ1 Dmiv1flWf D 159 7- 6. H YIDRO G A P LIJ c4 V ct S_ w 4 Cl 4-- � Z \ STORM WATER RUNOFF AFTER LAND ALTERATION o-... L>1 vi 3- (� DETENTION VOLUME UJ PFAK RUNOFF RATE /STORM WATER RUNOFF I-- a_ \lb / BEFORE LAND ALTERATION W U. E3 0 25 50 75 /00 125 /50 175 TIME IN MINUTES DETENflI;. N E' CILITY Spillway ------ Overflow Level 4,4 • h SAMPLE HYDROGRAPH/DETENTION FACILITY a ( APPENDIX C ) STORM DRAINAGE SPECIFICATION 160 i,. ZONING ORDINANCE TOWN OF FAIRFAX, VIRGINIA 4 O A F i /p#'1 01114, f Ig %t DECEMBER 7, 1960 TOWN OF FAIRFAX, VIRGINIA ZONING ORDINANCE INDEX Subject Paragraph Subject Paragraph Apartments. Area Requirements 5.121, 5.13 Street 2.26 Apartments, Lot Coverage 5.123 Tourist Home 2.27 Apartments, Setback Requirements 5.122 Fees for Zoning Permits and Occupancy Board of Zoning Appeals, Duties Permits 3.13 and Powers Fences 3.12 5.02, 5.05, 5.06, 5.07, 5.08, 5.10, 5.11, 6.09 Height Limitation 3.09 Board of Zoning Appeals, Membership 5.01 Location Check 3.07 Board of Zoning Appeals, Procedure 5.03 Non-Conforming Signs 4.06 Certificate of Occupancy 3.08 Non-Conforming Uses 4.01, 4.02, 4.03, 4.04 Change of Zoning, Procedure 3.15 Off-Street Parking: Definitions: Apartment House 5.122b, 6.02 Accessory Building 2.02 Dwelling 6.01 Apartment House 2.03 Hotels and Tourist Homes 6.03 Billboard 2.04 Industrial 6.08 Building 2.05 Office Building 6.07 Building Restriction Line 2.06 Parking Setback 5.122b, 6.10 Carport 2.07 Places of Assembly 6.06 Community Use 2.08 Rooming Houses 6.04 Customary Home Occupation 2.09 Stores 6.05 Dwelling 2.10 Theaters 6.06 Family 2.11 Open Space 3.02 Height 2.12 Projections Beyond Restriction Lines 3.10, 3.11 Hotel 2.13 Signs, Abatement of Nuisance Signs 7.07 Lot 2.14 Signs Excluded From Definitions 7.02 Non-Conforming Building or Use 2.15 Signs For Which No Permit Required 7.03 Non-Conforming Location 2.16 Signs For Which Permit Required 7.01, 7.04 Off-Street Parking Space 2.17 Sign Permits, Application Procedure 7.06 Porch 2.18 Sign Permits, Fees 3.14 Person 2.19 Signs Prohibited 7.05 Pylon-type Sign 2.20 Special Use Permit,Factors and Standards Rooming House 2.21 Considered 5.08, 5.09, 5.10 Semi-detached House 2.22 Special Use Permit, Time Limitations 5.04 Setback Line 2.23 Violation of Ordinance 8.01 Sign 2.24 Zone Boundary Lines 3.03 Site Plan 2.25 Zoning Permits 3.01, 3.04, 3.05, 3.06 i ZONING ORDINANCE TOWN OF FAIRFAX, VIRGINIA SECTION 1 Be it ordained by the Town of Fairfax, Commonwealth of Virginia, as follows: The Town of Fairfax is hereby divided into zones as shown on the zoning schedule hereto attached and the zoning maps filed in the office of the Town Manager. The zoning map and sched- ule and all the explanatory matter thereon are hereby made a part of this ordinance. This ordi- nance shall be effective as of December 7, 1960. SECTION 2 Definitions For the purpose of this ordinance certain terms and words are herewith defined as follows: 2.01 General: Words used in the present tense include the future. Words in singular number include the plural number and words in the plural number include the singular number. The word "shall" is mandatory. The word "structure" includes the word "building." Un- less otherwise specified all distances shall be measured horizontally and at right angles to the line in relation to which distance is specified. The word "used" shall be deemed to in- clude designed or intended to be used. The term "Town" shall mean the Town of Fairfax. The term "Board of Zoning Appeals" shall mean the Board of Zoning Appeals of the Town of Fairfax. The term "building inspector" shall mean the building inspector of the Town of Fairfax. 2.02 Accessory Building: A subordinate building on the same lot with the main building, the use of which is incidental to that of the main building. Example: garage or tool shed. 2.03 Apartment House: A building used as a residence for three or more families living inde- pendently of each other. 2.04 Billboard: Any sign containing 60 or more square feet which is not directly connected with a business conducted upon the same premises. 2.05 Building: A structure projecting above the level of the ground intended for the shelter, support or enclosure of persons, animals or chattels. When a structure is completely separ- ated into two or more portions by divisional walls from the foundation up without any normal access openings each such portion of the building shall be deemed a separate build- ing. 2.06 Building Restriction Line: A line parallel to an abutting street beyond which no structure or appurtenance shall extend. 2.07 Carport: Any space outside a building and contiguous thereto, wholly or partly covered by a roof, and used for the shelter of motor vehicles. An unenclosed carport is a carport with no side enclosure (other than the side of the building to which the carport is contig- uous) that is more than 24 inches in height, exclusive of screens. 1 2.08 Community Use: Country clubs, cultural centers, swimming pools, club houses and sim- ilar uses for use only by members thereof and not for gain. 2.09 Customary Home Occupation: The office, studio or occupational room of a physician, sur- geon, dentist, architect, artist, musician, instructor in music or art, engineer, surveyor, lawyer, real estate broker, dress maker, insurance broker or similar person when such use is (a) conducted entirely within a dwelling which is the bona fide residence of the prin- cipal practitioner, and (b) no other persons are engaged in the occupation on the premises except not to exceed two employees of the principal practitioner, and (c) there is no dis- play of goods, tools, equipment, commercial vehicle or advertising other than an unillu- minated sign not exceeding one square foot in area. The term shall exclude any funeral home, kennel, veterinary office, animal hospital and any establishment in which goods are offered for sale. 2.10 Dwelling: A building constructed to accommodate one family. The term shall exclude apartments, semi-detached houses, hotels, tourist homes, trailers and mobile homes. 2.11 Family: One person or a group of persons related by blood or marriage, plus not exceeding three additional unrelated persons. 2.12 Height: Height shall be measured on the side of the building nearest the street from the average ground level to the level of the highest point of the roof in the case of a flat roof and to the point one-half the distance between the eaves and the highest point of the roof in the case of a pitched roof. 2.13 Hotel: A building containing sleeping rooms for rental or hire to transients and travelers. The term shall also include motels, motor lodges and tourist cabins, and rooming houses having accommodations for more than eight persons. 2.14 Lot: A separate piece or parcel of land having frontage on a street or having access to a street by right of way or easement,and whose area is sufficient to furnish the minimum area required for compliance with this oridinance. 2.15 Non- conforming Building or Use: A building or use lawfully existing at the time of the adoption of this ordinance, or any amendment to this ordinance, which does not conform to the building or use regulations of the district in which it is located. 2.16 Non-conforming Location: A building lawfully existing at the time of adoption of this ordinance, or any amendment to this ordinance, which does not conform to the building restriction line or setback requirement of this ordinance or any amendment to it. 2.17 Off-street Parking Space: Space available on private property and usuable for the park- ing of one motor vehicle having an area of at least 180 square feet per motor vehicle plus sufficient maneuvering area to give access to a street. 2.18 Porch: A projection from an outside wall of a dwelling covered by a roof and/or sidewalls (other than the sides of the building to which the porch is attached) not more than two feet in height. A porch which projects beyond a setback or building restriction line may be screened but may not be enclosed with glass, jalousies, canvass, plastic or any solid material to a height exceeding two feet. 2.19 Person: Any person, firm, partnership, association, corporation or other legal entity. 2 2.20 Pylon-type Sign: A self-standing sign on a pole, poles or tower,not attached to a building. 2.21 Rooming House: Any dwelling containing, in addition to living space for the operator and family,sleeping accommodations for not more than eight non-transient persons, and further the term shall include fraternity and sorority houses without limitation as to the number of sleeping accommodations. Meals may be served to persons living on the premises. 2.22 Semi-detached House: Two dwellings separated by a party wall, each dwelling being on a separate lot. 2.23 Setback Line: The setback required from a property line not fronting on a street. 2.24 Sign: Any sign, writing, printing, picture, painting, display, or similar device which is placed out of doors or in an exterior position on any surface or structure in view of the general public for the purpose of advertising any product or service or promoting t h e interest of any person. The word "sign" shall include the surface or structure on which lettering is placed and signs designed to allow variable or movable lettering. The "area of a sign" shall mean the entire sign, including any sign structure and including any part of a surface used for a sign which lies within the space encompassed by the sign. When two signs are placed back to back, so as to be visible from opposite directions, they shall be deemed to be one sign. 2.25 Site Plan: A plan or plat showing in detail the following information: (a) provision for drainage and utilities, (b) means of access to public roads, (c) location of and nature of proposed landscaping and screening, (d) present and proposed topog- raphy, (e) location of proposed building, (f) elevations showing design and appearance of proposed building, (g) location and size of proposed parking area. 2.26 Street: A road or highway either accepted by the Town for maintenance or dedicated on an approved plat where the dedicator has entered into a contract with the Town to con- struct the same. 2.27 Tourist Home: Any dwelling containing in addition to living quarters for the operator(s), sleeping accommodations for a maximum of eight transients or travelers. SECTION 3 General Regulations 3.01 No structure shall hereafter be erected; no existing structure shall be moved, altered, add- ed to, enlarged, nor shall any land or structure be used for any purpose not specifically per- mitted by this ordinance in the zone in which the structure or land is located. 3.02 No open space or lot required by this ordinance for a structure shall, during the life of that structure, be occupied by or counted as open space for another building or structure. 3.03 Where a zone boundary line divides a lot in single ownership of record at the time said line is adopted, the regulations for the less-restrictive portion of such lot shall extend not more than 50 feet into the more restrictive portion, provided the lot has frontage on a street in the less-restrictive zone. 3 3.04 This ordinance shall be enforced by a zoning administrator appointed by the Town Mana- ger. No land or structure shall be changed in use and no structure shall be erected, altered, added to, enlarged, or moved until the zoning administrator shall have issued a zoning per- mit certifying that the plans and intended use of the structure and the location thereof are in conformity with this ordinance. 3.05 Zoning permits shall be required in all cases in which building permits are required under the building code and in all cases in which a change of use of an existing structure or lot is proposed. 3.06 First Approval: No permit for the construction of any structure shall be issued until an application therefor, accompanied by plans of the proposed structure or use, has been sub- mitted to and approved by the Zoning Administrator. The Zoning Administrator shall not approve any application when under this ordinance prior approval of the Planning Com- mission, Board of Zoning Appeals or Health Officer is required until the approval of said Planning Commission, Board of Zoning Appeals or Health Officer is obtained. 3.07 Location Check: No building, except additions or accessories to existing dwelling, shall proceed beyond first floor level until the location of the footings and walls as shown by cer- tified surveyor's plat thereof, has been approved by the Zoning Administrator. 3.08 Certificate of Occupancy: No land or structure hereafter erected, moved or altered in its use shall be used until the Zoning Administrator shall have issued a certificate of occupancy stating that such land or structure and its location is found to be in conformity with the provisions of this ordinance and all other applicable ordinances. 3.09 Spires and towers not used for human habitation, excluding signs, may extend above the height of limitation herein fixed. Walls and similar projections not used for human habita- tion, excluding signs, may extend above the height limitation not exceeding 5 feet. 3.10 Sills, cornices and similar ornamental features may project not exceeding 18 inches beyond any required set back or building restriction line. 3.11 Bay windows, porches, balconies and similar features may project not exceeding three feet beyond any required set back or building restriction line. Set back and building restriction lines shall not apply to terraces, patios and un-roofed porches on ground level. 3.12 Fences: Building restriction lines and setback requirements shall not apply to fences, walls, trees, hedges and shrubbery. 3.13 The following fees shall be required of all applicants for zoning permits: Zoning Permit—No Charge. Occupancy Permit—$2.50. Rezoning Applications—$50.00. 3.14 The following fees shall be required of all applicants for sign permits: For each sign exceeding 100 square feet in area, $10.00. For each sign exceeding 50 square feet in area,$7.50. Temporary signs and posters of less than two square feet in area, $5.00 per 100 signs. 4 (Provided deposit is posted as required in paragraph 7.04 (f).) For all other signs for which a permit is required, $2.50. No fee shall be charged for any sign erected by any church or eleemosynary organization. 3.15 Applications for change of zoning shall be made on forms prescribed by the Zoning Ad- ministrator, accompanied by a plat of a certified surveyor and a fee of $50.00. All ap- plications shall be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed rezoning shall be advertised in a newspaper of general circulation in the Town of Fairfax for five consecutive days commencing at least ten days prior to such hearing, the property shall be posted by the Town at least ten days prior to the hearing, and the applicant shall notify at least five adjacent or neighboring property owners by certified mail at least ten days prior to the date of the hearing. After the public hearing before the Planning Commission, the Planning Commis- sion shall submit their recommendation to the Town Council. No application shall be heard by the Town Council until advertisement in a newspaper of general circulation within the Town at least ten days prior to such hearing and the posting of the property at least ten days prior to the date of hearing. SECTION 4 Non-Conforming Uses 4.01 If at the time of the enactment of this ordinance any structure or land is being used in a character or manner or for a purpose, or is in a location which does not conform with the provisions of this ordinance and which is not prohibited by some other ordinance, such character or manner or use, purpose or location then existing may be continued and no change of title or possession shall be construed to prevent the non-conforming location or use of such structure or land as hereinafter provided. 4.02 No structure, or land in which a non-conforming use is abandoned for a period exceeding 180 days or is superceded by a permitted use subsequent to the enactment of this ordi- nance shall again be devoted to such non-conforming use. 4.03 Any non-conforming structure or land which is hereafter damaged to an extent exceeding 60 percent of its then value by fire, explosion, earthquake, flood, storm or act of God may not be restored, reconstructed or used for any purpose other than use or purpose per- missible under this ordinance. 4.04 Any building in a non-conforming location which is hereafter damaged to an extent ex- ceeding 75 percent of its then value by fire, explosion, earthquake, flood, storm or act of God may not be restored except in conformity with the building restriction and set back requirments of this ordinance. 4.05 Nothing in this ordinance shall prevent structural alterations which may be required to restore to a safe or lawful condition any part of a building deemed unsafe or unlawful. 4.06 Non-conforming Signs: Any sign or sign structure legally existing at the time of enact- 5 ment of this ordinance, but not in conformity with its provisions, may be continued with the following limitations: Any sign or sign structure which does not conform to this ordinance may not be: a. Changed to another non-conforming use. b. Extended except in conformity with this ordinance. c. Re-established after discontinuance for six months, or d. Rebuilt after damage exceeding two-thirds of its value immediately prior to damage. No sign found by the Town Manager to be a nuisance under the provision of Section 7 shall be allowed to continue as a non-conforming use and shall be removed immediately. SECTION 5 Board of Zoning Appeals 5.01 A Board of Zoning Appeals is hereby established. The membership shall consist of five members appointed in pursuance of Section 15-825 of the Code of Virginia. The chairman shall be appointed by the Mayor. The term of office for members of the Board shall be three years. 5.02 Appeals to the Board may be taken by any person or persons aggrieved, or their agents, or by any employee or official of the Town. 5.03 Whenever any appeal is made to the Board, the Board shall within thirty days thereafter publish a notice in a newspaper of general circulation in the Town of the time and place of hearing of such appeal, not less than 10 days before such hearing. Additional notice of such hearing shall be given by the applicant to at least five neighboring or adjacent property owners by certified mail. The Board shall hear all parties interested or affected. In addition to the notice by publication in the newspaper, notice of all hearings affecting any particular tract of land shall be given by posting said land at least 10 days prior to hearing. 5.04 No order of the Board permitting the erecting, alteration, or use of a building shall be valid for a period exceeding twelve months, unless building permit(s) for the erection of each of such building or buildings, is/are obtained, construction is begun within said • period and construction proceeds to completion in accordance with said permit(s). In the event said order does not involve the construction of any building the order of the Board permitting the use shall not be valid for a period exceeding six months unless such use is established within six months. 5.05 Upon appeals the Board shall determine the exact location of any zone boundary line where there is a dispute. 5.06 Upon appeals the Board shall interpret the words of the ordinance where there is a dispute as to the meaning. 6 5.07 The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, determination or refusal made by the Zoning Administra- tor, Town Manager, Town Engineer or other administrative official acting under this or- dinance. 5.08 The Board is hereby empowered to grant special use permits in those cases provided in the zoning schedule when in the judgment of the Board such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight and will not tend to affect adversely the use of neighboring property or the welfare of per- sons living and working in the neighborhood of the proposed use. 5.09 The Board of Zoning Appeals in considering any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular & pedestrian traffiic, taking into consideration future increase of vehicular traf- fic, lighting, noise, traffic, sight, smoke, dust, odor, vibration and other factors which may af- fect the serenity of the neighborhood, the safety and movement of vehicular traffic upon ad- jacent streets, the safety of children living in the area, the location, height and design of buildings, walls, fences and landscaping proposed and over-all impact of the proposed use upon the development and use of adjacent land. 5.10 The Board of Zoning Appeals shall have the power, except as otherwise provided, to impose conditions upon the issuance of any special use permit and to require bond ac- ceptable to the Bond Committee of the Town Council of any applicant to insure com- pliance with such conditions. No occupancy permit shall be issued for any such use until all conditions of the special use permit have been complied with. In imposing such said conditions, the Board shall be guided by the standards and considerations as set forth in Paragraph 5.09. 5.11 Where by reason of exceptional shape or area, exceptional topographic conditions, con- ditions created by a condemnation, or other extraordinary or exceptional situation or condition, wherein the application of this ordinance would result in peculiar and excep- tional practical difficulty or hardship upon the owner of such property, the Board shall have the power to grant a variance from this ordinance so as to relieve such difficulties or hardships, provided such relief can be granted without substantially impairing the intent and purpose of this ordinance. 5.12 In considering applications for special use permits for apartments the Board of Zoning Appeals shall consider the following standards: 5.121 Area Requirements: Any lot or tract used for apartment houses shall have a minimum of 10,000 square feet for the first living unit in each apartment house. For additional living units in any particular apartment house, the following areas shall be added to the 10,000 square feet requirement. Number of Rooms Lot Area Requirements per Living Unit per Living Unit 1 1500 sq. ft. 2 2000 sq. ft. 3 2500 sq. ft. 4 3000 sq. ft. 7 Kitchen and baths shall not be included in determining the number of rooms in a given living unit. 5.122 Apartment Setbacks: Each apartment house within the Town shall comply with the following setback requirements: a. No apartment house or its accessory structures shall be located less than 100 feet from the center line of any boundary street nor less than 30 feet from the right of way of any service drive paralleling a boundary street, nor less than 60 feet from the center line of any interior street. b. No apartment house shall be located less than 50 feet from any side or rear property line. No accessory building shall be located less than 25 feet from any apartment house nor less than 25 feet from any side or rear property line. No parking lot shall be lo- cated less than 25 feet from any side or rear property line. c. If any of the structures in an apartment house project are so located that the front or rear of one structure faces any other structure, a distance of not less than 60 feet shall separate such structures; if any of the structures are arranged in a row, end to end, no such structure shall be closer to any other such structure than a distance equal to the average of their heights. 5.123 Percentage of Lot Coverage- Apartment Houses: Apartment houses, including accessory buildings, on any lot, shall not cover more than twenty-five per cent of the area of such lot. There shall be included in the percentage of lot covered 180 square feet of parking space for each living unit plus sufficient maneuvering area to give access to a public street. 5.13 The requirements herein set out as to density shall be considered maximum require- ments. The Board of Zoning Appeals, upon granting a use permit, may not impose more restrictive conditions as to density. SECTION 6 Off-Street Parking Off-street parking space shall be provided together with sufficient manuvering area and access to a public street. Such area shall be deemed to be required open space to asso- ciate with the permitted use and may not thereafter be reduced or encroached upon in any manner. The following are established as minimum requirements: 6.01 Dwelling: One parking space for each dwelling. 6.02 Apartment House: One and one-quarter parking space for each living unit. 6.03 Hotels and Tourist Homes: One parking space for each room offered for tourist accom- modations. 6.04 Rooming Houses: One parking space for each room offered for rent. 6.05 Stores and other business, trades or services other than industrial: One parking space for each 100 square feet of store floor or merchandising area. 6.06 Theater, auditorium, church, club, community use or any other place of assembly: One parking space for each five seats based on maximum seating capacity. 6.07 Office Building: One parking space for each 250 feet of office floor area. 6.08 Industrial: One parking space for each one and one-half employees to be employed upon the premises. 6.09 Where such space cannot be reasonably provided on the same lot with the principal use, the Board of Zoning Appeals may permit such space to be located on other off-street property. 6.10 No off-street parking shall be permitted within five feet of any street right of way line. SECTION 7 Signs 7.01 Permit Required: Except as set forth in Section 7.03, any person wishing to erect, in- stall, or put up any sign or outdoor advertisement in the Town shall first obtain a permit therefor. The permit number shall be conspicuously affixed to the sign. 7.02 Exclusions from Definitions: The following shall not be deemed to be signs within the meaning of the above definition: a. Signs or plates on residential structures or premises giving the name or address of the occupant, mail boxes, paper tubes and similar uses customarily associated with residential use. b. Signs posted upon property relating to private parking or warning the public against trespassing or against danger from animals. c. Municipal, county, state and federal signs, including necessary traffic signs. d. Historical markers, monuments or signs erected by public authority. e. Lettering on any vehicle actually used as such in business. f. Official notices or advertisements posted or displayed by or under the direction of any public or court official in the performance of his official or directed duties or by trustees under deeds of trust or other similar instruments. 7.03 Signs for which no permit required: No permit shall be required for the following signs provided they conform as to size, location and type of construction as prescribed in this ordinance. a. Signs on churches or church property. b. Signs on window glass, interior or exterior, regardless of size. c. Signs relating to customary home occupations. (See Section 2.09.) 9 S d. Signs advertising for sale or lease dwellings in residential areas, limited to a maxi- mum total area of four square feet per dwelling. e. Signs of persons and firms engaged in a profession and stating such profession and names involved, limited to one sign with a maximum area of 8 square feet. f. Signs erected or maintained, or caused to be erected or maintained, on any farm by the owner or lessee of such farm and relating solely to farm products producted or furnished on such farm. g. Traffic signs of not exceeding two square feet in area indicating entrance or exit. 7.04 Signs for Which Permits May Be Issued by the Town Manager: Permits for the follow- ing signs may be issued by the Town Manager: a. Signs attached or related to commercial buildings in commercial or industrial zones which advertise the said area or products or services sold therein, said signs to have an aggregate area not exceeding three square feet for each lineal foot of building frontage occupied by the use. b. Temporary signs denoting or advertising contractors, architects, developers, and real estate agents connected with the construction,or sale or lease,of structures in commercial or industrial zones and of developments in residential zones, said signs not to exceed a total area of one hundred square feet, with no single sign having an area of more than fifty square feet. Permits for such temporary signs shall be limited to 90 days' duration. A deposit of $10.00 shall be required for each sign, the deposit to be returned when the sign has been removed. c. Signs pertaining to an authorized use for a dwelling as set forth in Section 7.03, up to a total of eight square feet, but with no single sign having an area exceeding four square feet. d. Signs advertising for sale or lease dwellings in residential areas, limited to a maxi- mum total area of sixteen square feet per dwelling. e. Signs of persons or firms engaged in a profession as set forth in Section 7.03, which signs exceed eight square feet but are less than sixteen square feet in area. f. Signs advertising the place and date of fairs, carnivals, horse shows and similar events and signs of political parties or groups supporting the candidacy of any indi- vidual for office or urging public support of or opposition to any public issue to be voted upon, provided such permits shall be limited to 60 days' duration and, provid- ed, a deposit of $15.00 has been posted with the Town Manager to insure the removal of such temporary signs. g. Any commerical use having at least fifty feet of frontage on a public street shall be permitted one pylon-type sign, the sign on which may not exceed one-half square foot per lineal foot of frontage occupied by the use or 50 square feet, whichever is smaller, and which shall be of a sufficient height as not to interfere with the line of vision of motor vehicles traveling on the street. Any commercial use having at least 200 feet of frontage on a public street shall be permitted two such pylon-type signs. For the pur- pose of this paragraph, an entire shopping center shall be considered one commercial use. 10 h. Temporary banners or signs advertising special events or holidays to be observed within the Town may be permitted within public rights of ways for not exceeding 30 days provided liability insurance protection deemed adequate by the Town Manager has been furnished and provided deposit satisfactory to the Town Manager has been posted to insure the removal of such temporary banners or signs. i. Temporary signs advertising the initial openings of business establishments may be permitted for not exceeding 10 days provided the location of such signs are approved by the Town Manager and provided a deposit of $15.00 has been posted with the Town to insure the removal of such temporary signs. 7.05 Signs Prohibited: The following signs are prohibited in Town: a. Any sign in a residential zone exceeding an area of 50 square feet. b. Any sign located in any manner or place so as to constitute a hazard to traffic. c. Any sign which involves motion or rotation of any part of the sign or any sign which displays lights or warnings in such a manner as to lead to confusion with official traffic signals. d. Any sign which is a copy or imitation of an official sign, or which purports to have official status. e. No sign except (1) pylon-type signs permitted by paragraph 7.04 g, (2) entrance and exit signs and (3) banners and decorations advertising special events permitted under Section 7.04 h, shall be permitted within the front set-back area required for buildings in the zoning ordinance. No sign except banners and decorations permitted under paragraph 7.04 h, shall be permitted within the public right of way or to project into a public right of way. f. Billboards, except in Industrial-2 zones. g. All temporary and portable signs and banners, except as specifically permitted in the ordinance. 7.06 Application for Sign Permit—Procedure: Application for a permit for a sign where required by this ordinance shall be made to the Town Manager of the Town, accompanied by the proper fee, and shall include sufficient data relating to the design, placement and location of the proposed sign as to enable a study to be made of the application. The Town Manager shall issue a permit for such sign provided the sign, in his opinion, is one which comes un- der the provisions of Section 7 of this ordinance, if he is of the further opinion that the sign as proposed is structurally sound and would not constitute a safety hazard, and if the sign meets all other requirements of this ordinance. If the application for the permit is denied or is granted with conditions objected to by the applicant the Town Manager shall state in writing the reasons for denial. If an application for a sign permit is made by someone other than the owners or les- see of the property on which the sign is to be erected, such application shall be accompa- nied by a written consent of such owner or lessee. 7.07 Abatement of Nuisance Signs: Any sign which is erected, used, maintained, operated, posted or displayed in violation of Section 7.05 b., c. and d., or which is or becomes a safety 11 hazard, or which is not kept in a good general condition and in a reasonably good state of re- pair, and is not, after thirty days' written notice to the person concerned, put in a safe and a good general condition and in a reasonably good state of repair, is hereby declared to be a public and private nuisance and may be removed, obliterated or abated by the Town Man- ager. The Town may collect the cost of such removal, obliteration or abatement from the person concerned. The provisions of this section shall apply to all signs within the Town, regardless of whether a permit for such a sign is required by this ordinance. SECTION 8 Violations 8.01 Any person violating any provision of this ordinance shall upon conviction,be fined not less than$5.00 nor more than$100.00 for each offense. Each day such violation continues shall constitute a separate offense. SECTION 9 Validity of Ordinance 9.01 Should any section, paragraph, sentence, phrase, clause or word of this ordinance be de- clared by a court of competent jurisdiction to be invalid or unconstitutional such decision shall not affect the validity of this ordinance as a whole or any other part thereof. SECTION 10 Effective Date 10.01 This ordinance shall take effect and be in force immediately after adoption, the public wel- fare demanding it. 12 SECTION 11 Zoning Schedule C - 1 N R-2 Zone 15, 000 Sq. Ft. 3 Lot Average: i ,c 3 Area Minimum: 12, 500 Sq. Ft. See Note h. H b 5 a3 $4 Set Backs: Front Restriction Line 35 ' .H H 15 'e � c Side 15ie b'+ iC Rear t Minimum Width @ BRL 90 'g x 115 ' Will „ $. Corner Lots U O wMaximum Height: 3 Stories . ° See Section 6. `° >, a� Off-Street Parking: u) -H -H Ri ht u o Uses Permissible by g 0 home All uses permissible by right in R-1 Zone, customary o ( ° occupations . ro r5 c >Uses Permissible on Appeal: m m r,' All uses permissible on appeal in R-1 zone, 4-) Tourist homes. f6 '� k.0 except kennels. a) QO IT - Uses Prohibited : 4.) -1-1M r. N All uses not specifically permitted . a) > 5 KEY: b or 60 ft. from center line of 50 ft. building or -,1 w o e detached accessory ro erty lines, pro- 0 o Z setback of 5 fd detachedestructure rear 7 feet away u vided that said C ° from any adjoining structure. or 20% of lots in recorded subdivision may be 5 ft. narrower (1) N �a°i N w than minimum. buildings may be 1 `') h. one single family dwelling and accessory H °� lot of record prior to the adoption of this erected on any ft, of area. Side ordinance which contains be reduced, to0nogt. less than 12 ft. setback on such Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on ro January 4, 1966. U SECTION 2 3 Definitions 0 Add the following definitions to Section 2 in alphabetical order: o Collector Street: A street which connects one or more local streets to a major thoroughfare. v Local Street : A street whose principal purpose is to provide • al vehicular and pedestrian access to the abutting property which -H rn terminates in a loop or cul-de-sac or carries no substantial H through traffic. 0 o Major Thoroughfare: A street of four lanes or more. Corner Lot: A lot bordering on two streets which intersect at o an angle not greater than 135 degrees. h Town House: A single-family dwelling forming one of a series • 0 -H of attached single family dwellings, separated from one another m - by a party wall without doors , windows or other provisions for human passage or visibility through such party walls. rn j -H to -H U . LH -P (i -H 4-) • it w " { 0 u� >1 -P •>1 -I rci -H , ,-c U -H (1) -H N �-I -l— c 0 4) ; U x 0 0 U U >1 m H O C) • .... • 0 • • • Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on January 4, 1966. SECTION 3 GENERAL REGULATIONS Amend Section 3.01 by inserting after R-3: R-T This zone is established to provide for single family development and, under certain conditions , the develop- ment of town houses. Town house development should occur where development will be consistent with the Master Plan, and involves the reuse of 'und where older structures are removed or as a transiti :nal use of vacant land where a substantial portion of the property has a common boundary with an I , C or M zone. It is intended that any town house development permitted should result in high quality living units to promote the purposes set forth in Section 15. 1-489, Code of Virginia ( 1950) , as amended, offering optimum preserva- tion of natural land form and foliage and tie cluster- ing of usi;ble open space by the clustering of dwelling units. Clusters of dwelling units should be sc arranged to achieve an intimate, internal relationship. Site plans shad be prepared in sufficient detail to permit judgment of compliance with the purpose of this ordinance. • • • • • • • i Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on January 4, 1966. SECTION 6 Off-Street Parking Add the following to Section 6 as 6. 11 : 6. 11 Town House: Every dwelling unit shall have provided for it a minimum of two (2) off-street parking spaces. Required parking may be located in parking areas con- venient to the unit for which required, or located entirely within the lot area. Parking spaces located within the lot area shall be completely enclosed. Parking in common parking areas shall not exceed thirty (30) vehicles per parking area, provided that there be permitted one parking area of fifty (50) parking spaces for each five acres of gross area in the town house development. Common parking areas shall be no less than fifty (50) feet apart. In common parking areas , no more than ten (10) parking spaces may be grouped without a landscaped divider at least ten ( 10) feet in width separating such groups. 1 : • S Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on January 4, 1966. Section 11 Zoning Schedule Add the following zoning classification: R-T Zone Lot Minimum: Every town house dwelling shall have a minimum lot area of sixteen hundred ( 1600) square feet ; a town house development shall have an average lot area of one thousand eight hundred ( 1800) square feet. The density shall not exceed ten ( 10) town houses per acre. Area Minimum: The development shall consist of a minimum of two (2) acres. Setbacks: Front Restriction Line - No more than two (2) abutting town houses shall have the same front yard setback. Abutting pairs of town houses shall have building line setback variations of at least two (2) feet. Side Restriction Line - Side yard setback for corner lots shall be a minimum of twenty (20) feet. Rear Restriction Line - Every dwelling unit shall have a rear yard depth of no less than twenty (20) feet. Minimum Width C@ BRL: - ' Every lot shall have a minimum width of eighteen ( 18) feet. • ( 1) Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on January 4, 1966. Section 11 (Continued) Minimum Building Width: All town houses shall be at least eighteen (18) feet wide. Maximum Height: Building height shall not exceed three (3) stories , measured on any external wall. Any basement which has any wall two (2) feet above ground shall be counted as a story. Floor Area: 1 . The average total usable living space per town house dwelling in the development shall be at least fourteen hundred ( 1400) square feet , exclusive of utility area, attic and garage. Basement space, not to exceed three hundred (300) square feet , may be counted toward this average in a town house having two other stories. 2. Every town house dwelling unit shall have a ground coverage area of not less than six hundred (600) square feet , shall contain a minimum gross floor area of six hundred (600) square feet per flc;r and a minimum of one thousand two hundred (1200) srviare feet of total gross floor area of usable living space, exclu- sive of basement, utility area, attic and garage. Off-Street Parking: See Section 6. Lot Development and Visibility Requirements: 1 . No town house shall be constructed so as to provide direct vehicular ingress or egress to a collector street or major thoroughfare. 2. In no case shall the horizontal visual distance measured from eye level from any point along the center line of a newly created right-of-way be greater than three hundred (300) feet where town houses face on said right-of-way for said distance unless natural topography precludes the possibility of man-made "visual blocks". (2) Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on January 4, 1966. Section 11 (Continued) Lot Development and Visibility Requirements (Continued) : 3. No more than ten ( 10) town houses shall be attached in a series. Site Plan Approval : A final site plan shall be submitted in accordance with the provisions of Section 3. 17 of the City Zoning Ordinance. Procedure: 1. With every application for R-T zoning, the applicant shall submit the following: (a) A preliminary site plan showing the general scheme of development, proposed parking areas , walkways , driveways , streets , open space, green areas, plant- ing, recreation and common areas. (b) Preliminary drawings showing floor plans , front and rear elevations and side elevations , where applicable. (c) Evidence of proposed covenants, restrictions and details of maintenance responsibility of common areas and green space, to show that liability for maintenance of such areas shall attach to property owners within the development and that the same may be enforced by liens against the property owners in favor of the City of Fairfax or its assignee. 2. A plat and deed of subdivision showing individual lots , proposed utilities , streets and other rights-of-way, and all proposed dedications shall be approved by the City Council and recorded among the land records before issu- ance of a building permit. Uses Permissible by Right: 1 . Detached single-family dwellings as permitted by right in R-3 district. 2. Town houses as defined in Section 2 of this Ordinance. (3) Amendment to Zoning Ordinance adopted by the Council of the City of Fairfax, Virginia, on January 4, 1966. Section 11 (Continued) Accessory Building: Accessory buildings are permitted if approved as a part of the site plan. Uses Prohibited: All uses not specifically permitted. (4) AMENDMENT I Be it ordained by the Town Council of the Town of Fairfax, Virginia that the Subdivision Ordinance of the Town be amended as follows: ARTICLE THREE, Par. 3, delete clause (3) . Add the following paragraph to ARTICLE THREE: 3a. in lieu of the completion before final subdivision plat approval of any work, improvements or utilities required of a subdivider under the terms of this ordinance, the Planning Commission shall require a completion and performance bond in the amount of one hundred per cent (100%) of such work, improvements or utilities . Such bonds shall have a surety or security approved by the Bond Committee appointed by the Mayor, and shall include conditions satisfactory to the Planning Commission, and shall provide for and secure to the Town of Fairfax the actual construction and installation of such work, improvements and utilities within a period to be specified 1 by toe Planning Commission. NNW Adopted and approved the 1st day of April , 19;9. :'c 4; ., 'r ;L .. :k .. .. :`• .. * is k * * 4t • The following amendment to the Subdivision Ordinance relating to "Definition" was adopted by the City Council of Fairfax, Virginia, on June 7, 1966: "Subdivision is the division or redivision of a lot, tract or parcel of land into two or more lots or other divisions of land, for the purpose, whether immediate or future, of transfer of ownership or building development, including any changes in street or lot lines; provided, that the division of land for agricultural purposes, into lots, tracts or parcels of five (5) acres or more, and not involving any new street, shall not be deemed a subdivision." . . il 0 1 •. . n TOWN OF FAIRFAX, VIRGINIA • SUBDIVISION ORDINANCE '* dse ARTICLE ONE. DEFINITIONS AS USED IN THIS ORDINANCE. I . "Commission" shall mean the official Planning Commission of the Town of Fairfax. 2. "Engineer" shall mean the Engineer for the Town of Fairfax. 3. A "subdivision" is a division of a lot, tract, or parcel of land into three or more lots, tracts or parcels for the purpose, whether immediate or future, of transfer of ownership, or of building development. Provided, however, that divisions of land in parcels of two acres or more not involving any new street or easement of access shall be exempt. The erection of dwelling units on a given lot, tract, or parcel of land, resulting in there being three or more such dwelling units on such lot, tract or parcel 'of land, shall also be deemed to be a sub- division for the purpose of this ordinance. 4. "Plat" shall include the terms : Map, plan, plot, replat or replot. 5. "Lot" shall mean a portion of a subdivision intended for transfer of ownership or for building development for a single building and its accessory buildings. 6. "Building Setback" shall mean the distance that a building must be set back from the lot line or boundary. 7. "Council" shall mean the Town Council or ralifax, Virginia. ARTICLE TWO. MAKING AND RECORDING OF PATS . 1 . Any owner or any proprietor of any tract of la.io, situated within the corporate limits of the Town of Fairfax, Virginia, wnc subdivides the same shall cause a plat of such subdivision, with reference to :sown or permanent monuments, to be made and recorded in the Office of the Clerk of the Circuit Court=of Fairfax County. No such plat of subdivision shall be recorded unless and until it shall have been submitted and approved by the Planning Commission in accordance with the regulations set forth in this ordinance and so certified by its secretary or the Town Engineer. 2. Every such plat shall be prepared by a certified land surveyor duly licensed by the State of Virginia, who shall endorse upon each such plat a certificate signed by him setting forth the source of the title of the owner of the land subdivided, and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon such plat. 3. Every such plat, or the deed of dedication to which such plat is attached, : shall contain in addition to the certified land surveyor' s certificate a statement to the effect that the above and foregoing subdivision of (here insert correct description of the land subdivided) as appears in this plat is with the free con- sent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any, which shall be signed by the owners, proprietors and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgments of deeds, and when thus executed and acknowledged, shall be filed and recorded in the Office of the Clerk of the Circuit Court of Fairfax County, 41,e. .,.,rn a .,f *ha owners cif the lands signing such statement, and under the name of the said subdivision. ARTICLE THREE. PROCEDURE. 1 . Whenever any subdivision of land is proposed , and before any permit for the erection of a structure shall be granted, the subdivider or his agent shall apply in writing to the Cofor his and submit three (3) copies of the preliminary 2. The subdivider shall submit his preliminary layout in conformity with Article IV of this ordinance. 3. After reaching a tentative conclusion, the Commission may discuss the preliminary layout with the subdivider at a meeting of the Commission. After such discussion the Commission shall communicate within thirty (30) days in writing to the developer: (1) specific changes that are required in the preliminary layout; (2) the character and extent of public improvements that will have to be made in keeping with the public health, safety, morals and general welfare, and (3) the amount of construction or improvement or the amount or performance bond which it will require as a prerequisite to approval of the final subdivision plat. 4. The subdivider shall within six (6) months , after official notification by the Commission in respect to the preliminary layout, file with the Commission the final subdivision plat in accordance with Article V. There shall be three (3) copies on a scale of not more than 100 feet to the inch in addition to the original . 5. The Commission shall , within fifteen ( ,5) nays from the date of sub- mission of the final plat, approve, modify, or disapprove such plat, and failure to act within 15 days shall be deemed approval . 6. Approval of the plat shall not be finally effective until the subdivider has complied with the general requirements and minimum standards of design in accordance with Article VI and made agreement as to the improvements as required by Article VII , to the satisfaction of the Commission and so certified on said plat by its secretary or other agent designated by the Commission. 7. Unless the owner of the subdivision shall have said plat recorded in the Office of the Clerk of the Circuit Court of Fairfax County within ninety (90) days after its final approval by the Commission and before any lots are sold in said subdivision, the approval of the plan of said subdivision shall be deemed to have been withdrawn and said plat shall be marked "Void" and returned Yo the Commission. ARTICLE FOUR. THE PRELIMINARY LAYOUT. 1 . The subdivider shall present to the Commission three (3) copies of a preliminary layout at a scale of not more than 100 feet to the inch. 2. The preliminary layout shall include the following: a. Proposed subdivision name or identifying title and a description of the location. b. Name and address of record owner or proprietor, and designer of preliminary layout. c. Location of property lines, existing easements, buildings, water courses, existing sewers and water mains, culverts , drains and other essential features. d. The names of all subdivisions immediately adjacent and the names of owners or former owners of record of adjacent property. e. Location, names and present widths of existing and proposed streets, highways, easements, building line, alleys , parks and other public open spaces. f. All parcels of land proposed to be dedicated for public use. g. Any proposed changes in the use, height, area, or density districts under any zoning regulations applicable to the area. h. Date, meridian line (note meridian line used) and scale. i . Metes and bounds description and map of survey of the tract boundary made and certified by a certified land surveyor. j . Connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply. k. Provision for collecting and discharging surface drainage and pre- liminary designs for any bridges or culverts which may be required. I . The proposed lot lines with dimensions . m. The location of proposea sidewalks, sanitary sewers, storm drains, water mains, curbs and gutters and the sizes and types thereof, and the location of manholes and basins and underground conduits. n. Contours at vertical intervals of not more than five (5) feet, and when required by the Commission intervals of less than five (5) feet. ARTICLE FIVE. FINAL SUBDIVISION PLATS. 1 . The subdivision plat submitted for approval and subsequent recording shall be clearly and legibly drawn in ink upon tracing cloth at a scale. 2. The subdivision plat shall show the following: a. Proposed subdivision name or identifying title, location, address . of record owner or proprietor, name of licensed certified land surveyor. b. Street lines, pedestrian ways , lots, reservations, easements, and areas to be dedicated to public use. c. Sufficient data acceptable to the Commission to determine readily the location, bearing and length of every street line, lot line, boundary line and to reproduce them on the ground . Reference should be made to known or per- manent monuments and, where practicable, to the state system of plane co-ordinates. d. The boundaries of the property location, graphic scale, and the bearings referred to the true meridian. e. Every such plat shall show all lands which the owner proposes to dedicate for public use. f. All permanent reference monuments shown by an appropriate symbol for the type monument used and identified in a legend. ARTICLE SIX. GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN FOR THE • SUBDIVISION OF LAND. 1 . The following requirements and standards of design shall apply: a. All street right-of-way widths shall be not less than fifty (50) feet. Alleys shall be not less than twenty (20) feet in width. b. Street grades shall not exceed ten percent ( 10%) . c. Where a deflection angle of more than 10 degrees in the alignment of a street occurs, a curve of reasonably long radius shall be introduced. d. Intersections of streets shall be at an angle as nearly 90 degrees as possible, and shall not be less than 60 degrees . e. Proposed streets that are in alignment with existing streets already named shall bear their names. No new street shall duplicate names of existing streets. f. Alleys shall be provided in the rear of lots to be used for business purposes, and in residential lots where the subdivider shows evidence to the Com- mission of the need for alleys. g. Dead end streets (cul de sacs) shall be designed so that turnabouts or the closed ends shall have a minimum radius for the outside curb of at least fifty (50) feet; they shall not be over four hundred (400) feet in length. h. Monument having a minimum permanent quality ( 1/2" x 3' iron pipe) shall be set at all corners and angle points of the boundaries of the original tract to be subdivided and at all street intersections. Set at a minimum of two feet, corners of each subdivision shall be a permanent concrete monument 4" square by 3' long. i . Blocks shall not exceed 800 feet in length, and they shall not be less than 300 feet in length. j . Blocks shall be wide enough to allow for two (2) tiers of lots of minimum depth except where prevented by topographical conditions or size of pro- perty, in which case the Commission may alter the size. k. Arrangement of lots shall be at right angles to street lines if possible or radial to curved street lines. 1 . Each lot shall front on a public street or on a dedicated street connected to a public street with a right of way not less than fifty (50) feet wide. m. The shape of residential lots snali be as the Commission deems appropriate for the type of building development contemplated, size shall con- form to the zoning ordinance of the Town of Fairfax. n. If neither a sewer nor water connection is provided, the lot shall contain at least twenty thousand (20,000) square feet, and the installation of a water system and a sewage disposal method shall be approved by the Fairfax County. Health Officer. o. Corner lots shall be increased in size whenever necessary so as to provide that any structure to be placed thereon shall conform to the building and set back lines of both streets. _ _ p. All lot corner markers shall be permanently located one-half inch (if metal) in diameter and at least 24 inches in length, and located in the ground to existing grade. q. Due consideration shall be given by all subdividers and by the Commission to sites for schools and other public uses. r. A boundary traverse shall be run and all other surveyed dimensions shown on the plat shall be to an accuracy of 1 part to 10,000. 2. Building setbacks shall in all cases conform to those established in any zoning regulations. ARTICLE SEVEN. IMPROVEMENTS REQUIRED. 1 . Improvements required in the subdivision lying in whole or in part in the Town of Fairfax, which include any new streets, any easements, extension of sewer or water system, or right of way connecting two public streets, shall be made in accordance with this article. a. Streets. Streets shall be graded for the entire width (fifty feet) of the right of way. The distance from back of curb to back of curb shall be at least thirty feet. The hard surface shall extend from curb to curb or gutter to gutter. (1) Subgrade shall be shaped to the cross-section of the finished road. (2) The base course shall consist of at least 6 inches of compacted pit-run sand and gravel or 6 inches of compacted crushed stone which shall conform with the Virginia Department of Highway Specifications for these materials. The surface course shall consist of at least 2 inches of Type 1 -3 bituminous concrete which shall conform with the requirement of Section 236.07 of the Virginia Depart- ment of Highway Specifications, dated April 1 , 1954, for these materials, and shall be constructed in accordance with Section 327 of these Specifications. b. Curb and Gutter. Concrete curb and gutter shall be provided on both sides of the street and shall have the following minimum dimensions: From the inside edge of gutter to the face of the curb, eighteen inches ( 18") . Thickness of gutter - seven inches (7") . Height of curb - six inches (6") . Thickness of curb - six inches (6") . c. Sidewalks. Concrete sidewalks shall be provided on both sides of the street, and shall have a minimum thickness of four inches and a minimum width of four feet. d. Sanitary Sewer and Water Mains. Sanitary sewers and water mains shall be provided which conform with the standard specifications of the Town of Fairfax, and shall be designed to serve all lots in the proposed subdivision and shall be installed and connected with the municipal water and sewer systems, pro- viding connections with each lot or building site. e. Street Signs. Street signs of a design approved by the Planning Commission shall be installed at all street intersections. (lbw f. Storm Drainage. Street drainage system. A drainage system shall be provided consisting of gutters, storm sewers and other appurtenances necessary to adequately drain the subdivision in a maximum one-half hour storm that accordin! to the rainfall intensity and run off co-efficient curves occurs every ten to • • thirteen years. The rational formula is the basis upon which street drainage structures are to be designed, and they shall conform to the minimum standards of the Town of Fairfax. ARTICLE EIGHT. VARIANCES. 1 . Where a subdivider can show that a provision of this ordinance would cause an unnecessary hardship if strictly adhered to, and where, because of topographical or other conditions peculiar to the site, in the opinion of the Commission a departure may be made without destroying the intent of such provision, the Commission may authorize a variance. Any variance thus authorized is required to be entered in writing in the minutes of the Commission and the reason on which the departure was justified set forth. ARTICLE NINE. PENALTIES. 1 . Any owner or proprietor of any tract of land who in subdividing that tract of land violates any of the provisions of this ordinance shall be guilty of a misdemeanor, punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred and fifty dollars ($250.00) and each day after the first during which violation shall continue shall constitute a separate violation. 11010 • ZONING ORDINANCE CITY OF FAIRFAX, VIRGINIA /414/4/1 r..'"),), /11k c $411) 1;1/7/1 0-J a//il Ar?' . I 3 03.blv tylj / tS 1 ql t,;)-) vii'l-9/01 ot, . vv-0,,/ fiz;-%v) ?� �1 ADOPTED DECEMBER 7, 1960 ,1y"Y With Revisions to _1965 • q CITY OF FAIRFAX City Hail Fairfax, Virginia 22030 AMENDMENT TO THE ZONING ORDINANCE COVERING SITE PLANS SECTION 2 Add the following definitions to Section 2 in alphabetical order: Applicable laws, ordinances and regulations: The statutes of the Commonwealth of Virginia, the ordinances of the City of Fairfax and the fire, health, building, electrical and plumbing codes adopted pursuant to said ordinances. Architect: An individual who is certified by the State of Vir- ginia and who is registered with the Virginia Department of Professional and Occupational Registration as a Professional Architect, As Built Site Plan: A certified site plan showing location of buildings and all on-site and off-site improvements as actually con- structed. Bond Committee: A committee composed of the City Manager, the Di- rector of Public Works and the City Attorney, any two of whom may act. Developer: The investor or contract purchaser who promotes a building project. Driveway: That space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street. Engineer: An individual who is certified by the State of Virginia and who is registered with the Virginia Department of Professional and Occupational Registration as a Professional Engineer. Land Surveyor: An individual who is certified by the State of Virginia and who is registered with the Virginia Department of Profession- al and Occupational Registration as a Certified Land Surveyor. Off-Site: Any area which does not fall within the boundary of the land to be developed. On-Site: That area which is within the boundary of any land to be developed. Owner: Party or parties having title to the described property. Revised Site Plan: A site plan showing any proposed changes or re- visions to an existing, previously approved site plan. Service Drive: A travel lane on dedicated right of way. Site Plan: Detailed drawings indicating all building locations and site improvements required by Section 3. 17 of this Ordinance. State: In all places where the word "State" is used, it is intended to mean the Commonwealth of Virginia. Travel Lanes: That space specifically designated and reserved as the site for the movement of vehicular traffic. 1 1 I ti qJT 7 i • i SECTION 3 Add Section 3. 17 as follows: 3. 17. Development or land use requiring a site plan - A plan of development or site plan shall be filed by an owner or developer of property and must be approved by the City Planning Director in each of the following instances: a) Any use or development of property located in any zoning district other than R-1 , R-2 and R-3. b) Any use permissible on appeal in R-1 , R-2 and R-3 zoning districts. c) No site plan approval shall be required for any temporary public use when such use does not exceed thirty (30) days. 3. 171 . No building permit or Certificate of Occupancy shall be. issued until the required site plan of the proposed use or development shall have been approved by the City Planning Director. 3. 172. PROCEDURE. a. The owner or developer shall submit to the Planning Di- rector a site plan prepared and certified by an engineer, architect, or land surveyor; as defined by this Ordinance. Seven (7) prints of the site plan at a scale of not less than one (1) inch equals fifty (50) feet, together with all information required by this Ordinance shall be sub- mitted. All plans shall be on either 24". X 3li" material or suitable for folding to that size. b. Notice required: Prior to consideration by the Planning Director the appli- cant shall notify in writing five property owners in the immediate vicinity of the site involved, two of whom shall be owners of property adjoining the site, that the site plan has been filed and will be con- sidered by the Planning Director ten (10) days after receipt of the notice. Postal receipts of certified mail attached to a copy of the notice shall be sufficient proof of delivery. c. Objections to the approval of a site plan may be filed with the Planning Director by any interested party and shall be filed in writing within the period prescribed in the notice. d. The Planning Director shall notify the applicant and any objectors of his decision to approve or disapprove the applicant's site plan. An appeal from any final decision of the Planning Director shall be made to the Board of Zoning Appeals pursuant to law. 3. 173• INFORMATION REQUIRED. a. Plot and location plan with: 1 . Location and dimensions of building(s) on site showing -1- 1 distance to side lot lines and center lines of adjacent streets. 2. Location and dimensions of proposed and existing driveways and curb cuts on site and adjacent properties. 3. Location and general design of proposed and exist- ing sidewalks and open space. 4. Location and, dimensions of proposed and existing surface parking and loading areas. 5. Boundary of the entire tract by courses and distances with reference to true meridian and area pf the tract. 6. Existing widths of any streets and sidewalks adjoining the tract giving right-of-way and pavement widths. 7. Front, side and rear yard setbacks. 8. Relation of site to roadway median strips with exist- ing and proposed openings in median strips. 9. Proposed elevations at control points such as drive- ways, ramps, etc. 10. Zoning of the tract. 11 . Present record owner of the tract and contract pur- chaser, if any. 12. Owner, zoning and present use of all contiguous property. 13. Vicinity map showing location of tract at a scale of not less than one (1) inch equals two thousand (2,000) feet. 14. Certified topographic map of parcel at a minimum two (2) foot contour interval , showing existing and proposed contours. 15. Certificate signed by the surveyor or engineer setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chain of title. 16. Provisions for the adequate disposition of natural and storm water in accordance with the duly adopted design criteria and standards of the City, indicating location, sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage system. b. Vertical cross sectional view with: 1 . Height of proposed building(s) . 2. Number of stories. 1 -b. 3. Height, location and general design of structures pro- posed above the building height limit. 4. Location and access to underground parking. 5. Proposed floor grades of each floor, including basements and boiler rooms. c. Typical floor plan with dimensions. d. Plan of each non-typical floor with: 1 . Location and square foot area of any permitted acces- sory or proposed conditional use as permitted by the ordinance. 2. Access to any accessory personal or convenience service uses. 3. Number and individual area of guest rooms in any hotel or motor hotel use. e. Plan of each floor of parking garage. f. Utility plan with: 1 . Location of all existing underground utilities such as water, sewer, gas, electric and telephone cables, etc. , both within the property, and in adjacent streets. 2. Location of all surface facilities such as sidewalks, curb, gutter, etc. 3. Fencing, walls and screening to be preserved, erected or planted; type, height and location. 4. All proposed changes, additions, or deletions to "1" and "2" above, together with a notation as to any City responsibilities thereto. g. The following data will be supplied in tabular form where applicable: 1 . Area in square feet of parcel . 2. Maximum allowable gross floor area. 3. Proposed gross floor area. 4. Number and type of any dwelling units. 5. Number of parking spaces or square feet of area re- quired by Section 6 - Zoning Ordinance. -5- 6. Number of proposed parking spaces or square feet of area. 7. Maximum allowable area - personal or convenience service accessory uses. 8. Proposed area - personal or convenience service acces- sory uses, restaurant, cafe, or soda fountain uses. 9. Maximum allowable coverage. 10. Proposed coverage. il . Amount of impervious area in square feet for purpose of calculating storm water runoff. 3. 174. REVIEWS, STANDARDS AND REGULATIONS. The Planning Director shall review all site plans which are sub- mitted to him pursuant hereto. He may consult with the Director of Public Works, the Health Director or any other City official . The Planning Director shall consider the site plan in conjunction with the following standards and regulations: a. Compliance with the requirements of the Zoning Ordinance including setbacks, side yards and rear yards, height of buildings, lot area and lot coverage, fencing and screening. b. Location and adequacy of automobile parking as to number of spaces, square footage per space including movement lanes, and total area. c. Adequate provision for traffic circulation and control with- in the site and providing access to adjoining property. d. Adequacy of water supply, fire protection and sanitary sewer facilities. e. Compliance with applicable established design criteria, con- struction standards and specifications for all required public improve- ments . f. Location of walkways so that pedestrians may walk from store to store or building to building within the site and to adjacent sites. g. Connection wherever possible of all walkways, travel lanes and driveways with related facilities in adjacent properties. h. Screening, fences, walls, curb and gutters required by any applicable City ordinance. i . Extension or construction of service roads and access there- to on property bordering a state primary highway, provided the setback requirement shall be no greater if the service road is dedicated than the setback required without the dedication, except that in no event shall the building be erected closer than ten (10) feet from the closest right- of-way line. j . Proof of any easements required in order to develop or use the property as shown on the site plan, clearly defining the pur- pose intended for each easement. k. Dedication of easements and rights-of-way for streets, service roads and other facilities to be maintained by the City and for the construction and maintenance thereof. 1 . Curb and gutter travel lanes or provide s that rovide vehicular travel to and from parking areas of adjacent property. m. Adequate no-parking signs along such travel lanes or driveways. n. Adequate drainage systems for the disposition of storm and natural waters. 3. 175. COMPLETION AGREEMENT AND BOND. a. Prior to approval of any site plan, there shall be exe- cuted by the owner or developer and submitted with the site plan an agreement in form and substance as approved by the City to construct such required physical improvements located within public rights-of-way or easements.or connected to any public facility, together with a surety bond. The bond shall be in the amount of the estimated cost of the re- , . quired physical improvements as determined by the Director of Public Works. The aforesaid agreement and bond shall be provided to insure completion of all work or improvement therein stated within the time cited in the agreement and determined by the Director of Public Works. The completion time may be extended by the City Manager upon written application by the owner or developer, signed by all parties to the original agreement and to the bond. No extension shall be issued with- out the express consent of the surety on the bond. The adequacy, con- ditions and acceptability of any bond hereunder shall be determined by the Bond Committee. In any case where the Bond Committee has rejected any such agreement or bond, the owner or developer may appeal from such decision to the City Council , provided the owner or developer has paid to the City of Fairfax the required filing fee. b. Upon completion of the required improvements for which the City has received a completion agreement and bond, the developer or owner may apply to the Director of Public Works in writing for a Certificate of Completion and Discharge of Bond. If the work is found by the Direc- tor to conform to the approved site plan, applicable regulations and City ordinances, he shall issue the Certificate within thirty (30) days of receipt of the application. The Director shall within said thirty (30) days notify the applicant and obligors on the bond of any defects or noncompliance which require further work and thereafter he shall not issue the Certificate until the required work has been completed. 3. 176. APPROVAL. All site plans submitted pursuant hereto and which conform to the requirements and standards contained in this article shall be approved by the Planning Director. 3. 177. INSPECTION AND SUPERVISION DURING INSTALLATION. a. Unless otherwise rovided in this chapter,P pt the construction standards for all off-site and on-site improvements required by this article shall conform to the City of Fairfax plumbing, building, electri- cal , fire and health codes, and other applicable laws, ordinances and regulations. The Director of Public Works shall approve the plans and specifications for all required improvements, and shall supervise in- spection of the construction of such improvements to assure conformity therewith. b. The developer or owner shall notify the Director of Public Works not less than twenty-four (24) hours prior to undertaking construc- tion of all streets, storm sewer work and other facilities to be publicly maintained. c. The developer or owner shall provide adequate supervi"sion of all work undertaken by him or his subcontractors, and shall have a re- sponsible superintendent or foreman, together with one set of approved plans, profiles and specifications, available at the site at all times while work is being performed. d. The installation of improvements as required in this article shall, in no case serve to bind the City to accept such improve- ments for the maintenance, repair or operation thereof, but such acceptance shall be subject to the existing laws and regulations concern- ing the acceptance of each type of improvement. e. Upon completion of all off-site improvements and discharge of the performance bond, the owner or developer shall provide a two year warranty bond with surety equal to 10% of the original completion bond and in a form satisfactory to the City. 3. 178. BUILDINGS TO COMPLY WITH SITE PLANS; CERTIFICATES OF OCCUPANCY. a. No permit or Certificate of Occupancy shall be issued for any structure which does not conform to an approved site plan. A temporary Certificate of Occupancy shall be issued for a completed section of a project covered by a single site plan provided the completed section conforms to the approved site plan and applicable laws, ordinances and regulations, and provided further that all improvements, both off-site and on-site, and all utilities and services which pertain to the completed section conform to the site plan and have been inspected and approved. A temporary Certificate of Occupancy shall not be valid beyond ninety (90) days from issuance, but may be renewed upon application provided all other work in progress conforms to the approved site plan and appli- cable laws, ordinances and regulations. b. A permanent Certificate of Occupancy shall be issued when: 1 . The buildings are found to conform to the approved _0 •y • • • • 1 site plan and all applicable laws, ordinances and regulations. Upon application by an owner or developer, the Director of Public Works 1 shall forthwith cause all necessary inspections to be made and within thirty (30) days of said application, shall issue the Certificate or he shall notify the applicant in writing of the reasons for denial of the Certificate. No application shall be denied except for good cause and for noncompliance with applicable laws, ordinances and regulations. The granting of a Certificate of Occupancy shall not of itself consti- tute release of the completion agreement and surety bond furnished pursuant to Section 3. 177 b hereof; and 2. The owner or developer shall have filed a certified "As Built" site plan. The "As Built" Site Plan may be a copy of the original approved site plan with an affidavit attached that all construc- tion has been completed in compliance therewith or shall be a plan showing all deviations from the approved site plan with an affidavit attached stating that no deviations exist except those shown. The "As Built" Site Plan shall be filed and certified by an engineer, architect or land surveyor as defined by this ordinance. 3. 179. FILING FEES. The following fees shall be paid upon filing a site plan: Site Plan --- Twenty Dollars ($20.00) , plus the following • where applicablez (a) Forty cents per dwelling unit for each apartment unit. (b) One Dollar ($1 .00) per 1 ,000 square feet of gross floor area of all commercial structures. (c) Fifty cents ($0.50) per 1 ,000 square feet of gross floor area of all industrial structures. • 3. 180. TIME OF VALIDITY OF APPROVED SITE PLANS. An approved site plan shall become null and void if no significant work is done or de- velopment is made on the site within twelve (12) months after approval . The Director of Planning may grant a single one-year extension upon written request of the applicant made at least thirty (30) days before the expiration of the approved site plan. Approved and Adopted by Fairfax City Council the 7th day of September, 1965. Mayor Clerk -9- H X ` AMENDMENTS TD THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA February 5 , 1964 Delete Section 3. 15 in its entirety and substitute therefor: 3. 15 - Procedures. 3. 151 - Applications for change of zoning (amendment to the zoning map) shall be made by the owner, contract owner or optionee of the property on forms prescribed by the Zoning Administrator, accompanied by a plat by a certified surveyor and a fee of $50.00. All applications shall be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed rezoning shall be advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days nor more than ten days after final publication. At least 10 days prior to the date of any public hearing before the Planning Commission on any proposed change in zoning the property shall be posted by the City and the applicant shall in- form at least five adjacent or neighboring property owners by certified mail . 3. 152 - Any comprehensive plan, or amendment thereto, or other amendment to this ordinance shall originate or be referred to the Planning Commission and heard by it in a legally advertised public hearing. The proposed plan, or amendment thereto, or other amendment to this ordinance shall be advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days nor more than ten days after final publication. 3. 153 - Af _er the public hearing before the Planning Commission, the Planning Commission shall submit its recommendation to the City Council , but no appli- cation for change of zoning, comprehensive plan, or amendment thereto, or other amendment to this ordinance shall be acted upon by the City Co.jncil until advertised by publication once a week for two successive weeks in a newspaper published or having general circulation in the City of Fairfax. Such notice shall specify the time and place of a public hearing before the City Council at which per- sons affected may appear and present their views, not less than five days nor more than ten days after, final publication. At least ten days prior to the date of Amendments to Zoning Ordinance Pg. 2 3. 153 - (Continued) any public hearing before the City Council on any proposed change in zoning, the property shall be posted by the City and the applicant shall notify at least five adjacent or neighboring property owners by certified mail . AMENDMENT TO SECTION 2 OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA Add Section 2. 131 2. 131 - Kennel . Any place in or at which dogs are kept under any one or more of the following conditions: (a) More than four dogs more than four months of age, or (b) any number of dogs that are kept for the purpose of sale or in connection with the boarding, care or breeding, for which any fee is charged. I y 0 I • AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA Add as Section: 3. 154: 3. 154 - Upon the denial of any application filed pursuant to Section 3. 151 for change in zoning, no further application shall be filed pursuant to Section 3. 151 within twelve months for change in zoning of any or all of the same property involved in the denied application to the same zoning category applied for in the denied application. The term "zoning category" as used in this section shall mean residential , commercial , apartment or in- dustrial . The applicant may withdraw any application filed pursuant to Section 3. 151 at any time before the matter is called on the agenda of the City Council for the advertised public hearing. Thereafter such application may be withdrawn only upon the affirmative vote of a majority of the City Council present and voting. The City Council may initiate action on a pro- posed change in zoning by referring said proposal to the Planning Commission for a legally advertised public hearing whether or not an application for change in zoning of any or all of the same property to the same zoning cate- gory has been denied within the preceding twelve months. Delete Section 5.01 in its entirety and substitute therefor: "A Board of Zoning Appeals is hereby established. The membership shall consist of five members appointed in pursuance of Section 15-968.8 of the Code of Virginia.41 Delete Section 5.03 in its entirety and substitute therefor: "Whenever an appeal is made to the Board the Board shall , within thirty days thereafter, advertise by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of hearing of such appeal . This hearing shall be not less than five days nor more than ten days after final publication of the notice. At least ten days prior to the date of any such hearing before the Board of Zoning Appeals the property shall be posted by the City and the applicant shall notify at least five adjacent or neighboring property owners by certified mail . AMENDMENTS TO SECTION 11 OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA Delete Industrial-1 Uses Permissible By Right in its entirety and substitute therefor: "Industrial uses for which satisfactory evidence is presented that such uses will not adversely affect any contiguous district by reason of odor, glare, smoke, vibration, noise, or sight, subject to approval of site plan by Planning Commission and construction of project in accordance with all details of site plan. No industrial building in I -1 Zone may be enlarged or changed in use, no parking area may be moved or enlarged without prior approval of Planning Commission. Not more than 50% of the land area may be occupied by buildings. " Delete Industrial-2 Uses Permissible By Right in its entirety and substitute therefor: "t/arehouses, laundries, property yards, wholesale houses, fuel oil sales, bulk petroleum storage, bottling plants, bakeries, lumber yards, and monument works, other manufacturing and industrial uses for which satisfactory evidence is presented that such uses will not adversely affect any contiguous district by reason of smoke, dust or hazard of explosion, subject to approval of site plan by Planning Commission. All uses permissible in C-1 and C-2 zones except as herein prohibited. All uses subject to installation of curbs , gutters, storm drainage structures , entrances and exits and approval thereof by City Engineer." AMENDMENT TO SECTION 11 OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA Add to Section 11 , R-1 Zones, Uses Permissible on Appeal , the word "Kennels". Delete Section 11 , R-2 Zones, Uses Permissible on Appeal , in its entirety and substitute therefor: "Tourist homes. All uses permissible on appeal in R-1 zone except Kennels." SECTION 12 PERFORMANCE STANDARDS IN CERTAIN ZONES 12.01 No use shall be established or conducted in any Commercial-2, Industrial-1 or Industrial-2 zone in any manner in violation of this section. This section shall be in addition to the requirements of Section II of this ordinance and shall not in any way modify or lessen said requirements nor be read so as to permit any uses not permitted therein. 12.02 Sound The sound-pressure level of sound radiated from an establishment, measured at the lot line of the site thereof that is the nearest thereto, shall not exceed the values in any octave band of frequency that are specified in Table I below, or in Table I as modified by the correction factors set forth in Table II below. The sound- pressure level shall be measured with a sound level meter and an associated octave band analyzer conforming to standards prescribed by the American Standards Association. Table I Maximum Permissible Sound Pressure Levels Measured re 0.0002 dyne per CM2 Frequency Band: Cycles per Second Decibels 20-75 74 75-150 62 150-300 57 300-600 51 600-1200 47 1200-2400 42 2400-4800 38 4800-10,000 35 Section 12 Performance Standards Pg. 2 Table II - Correction Factors Condition Correction in Decibels On a site contiguous to or across a street from the boundary of any R district es- tablished by this Zoning Ordinance Minus 5 Operation between the hours of 10:00 P.M. and 7:00 A.M. Minus 5 Sound of impulsive character (e.g. , hammering) Minus 5 Sound of periodic character (e.g. , hum or screech) Minus 5 Sound source operated less than - 20% in any one hour period Plus 5* 5% in any one hour period Plus 10* 1% in any one hour period Plus 15* *Apply only one of these corrections. All other corrections (including any one of the footnoted corrections) are cumulative. 12.03 Vibration No vibration at any time shall produce an acceleration of more than 0. 19 or shall result in any combination of amplitudes and frequencies on any structure beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442, entitled "Seismic Effects of Quarry Blasting". The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this section. 12.04 Smoke There shall be no emission into the atmosphere, from any operation, of visible gray smoke of a shade darker than No. 2 on the Ringle- mann Smoke Chart as published by the United States Bureau of Mines, except that visible gray smoke of a shade not darker than No. 3 on such chart may be emitted for not more tkan fc,,r minutes in any period of thirty minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of any other color, but with an equivalent apparent opacity. 12.05 Other Air Pollutants There shall be no emission of fly ash, dust, dirt, fumes, vapors or gases into the atmosphere from any operation to any extent that could cause any damage to the public health, to animals or vegetation Section 12 Performance Standards Pg. 3 12.05 Other Air Pollutants (Continued) or to other forms of property, or which could cause any excessive soiling at any point. In no event shall there be any such emission of solid or liquid particles in concen- trations exceeding 0.3 grains per cubic foot of the conveying gas or air, nor of acid gases in excess of 0.2% by volume. For measurement of the amount of particles in gases result- ing from combustion, standard correction shall be applied to stack temperatures of five hundred degrees Fahrenheit and fifty per cent excess air. 12.06 Odor There shall be no emission of odorous gas or any other odorous material in such quantity as to be offensive beyond the boundaries of the site of such emission. 12.07 Radioactivity There shall be no radioactive emission that would be dangerous 4 to health. 12.08 Electrical Interference There shall be no electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. 12.09 Liquid or Solid Wastes There shall be no discharge of any liquid or solid wastes into any stream, except as authorized by a public agency. 12. 10 Glare and Heat There shall be no d i r—ct or reflected glare, whether from flood lights or from high-temperature pr3cesses (for example, combust' or welding) so as to be visible from within any Residential There shall be no discharge of heat or heated air from so as to be detectable beyond the lot lire. CITY OF FAIRFAX City Hall Fairfax, Virginia 22030 Amendment to the City of Fairfax Zoning Ordinance with respect to C Zones April 6, 1965 A. Add to Subsection 3.01 of Section 3 the following: There are hereby established the following zones in the City of Fairfax for the general purposes indicated below: R-1 This zone is established to provide areas for single family resi- dences with a minimum lot size of 20,000 square feet. See Section 11 for additional and specific requirements and uses. R-2 This zone is established to provide areas for single family resi- dences with a minimum lot size of 12,500 square feet. See Section 11 for additional and specific requirements and uses. R-3 This zone is established to provide areas for single family resi- dences with a minimum lot size of 9,500 square feet. See Section 11 for additional and specific requirements and uses. M-1 This zone is established to provide areas for multi -family resi - dences of the garden or low rise type. See Sections 3. 16 and 11 for additional and specific requirements and uses. C-1 This zone is established to provide areas for offices for business, governmental and professional uses. See Section 11 for additional and specific requirements and uses. C-2 This zone is established to provide areas for general business establishments and related activity. See Section 11 for additional and specific requirements and uses. C-3 This zone is established to provide areas for business establish- ments of curb service or drive in nature and related activity. See Section 11 for additional and specific requirements and uses. I -1 This zone is established to provide areas for light industrial uses, more specifically outlined in Section 11 . 1 -2 This zone is established to provide areas for general industrial uses, more specifically outlined in Section 11 . Change 3.04 to read as follows: 3.04 This Ordinance shall be enforced by a Zoning Administrator appointed by the City Manager. No land or structure shall be changed in use and and no structure shall be erected, altered, added to or enlarged, or moved, until the Zoning Administrator Amendment to the Zoning Ordinance Page 2 shall have certified that the plans and intended use of the structure and the location thereof are in conformity with this Ordinance. The Zoning Administrator shall not approve any application when under this Ordinance prior approval of the Planning Commission, Board of Zoning Appeals, Board of Architectural Review or Health Officer is required, until the approval of said Planning Commission, Board of Zoning Appeals, Board of Architectural Review or Health Officer is obtained. Delete Sections 3.05 and 3.06 in their entirety. Under 3. 13, strike "Zoning Permit-No Charge." B. Section 11 C-1 Zone Uses Permissible by Right (Revised) 1 . Banks, offices for professional , government, or business use, hospitals for the treatment of human beings, nursing homes, churches, and funeral homes . 2. Such ancillary uses as clinics , schools of special instruction, pharmacies or medical supply services, barber shops, beauty shops, restaurants, newsstands, photographic services, florists, gift shops, optical stores and services, are permissible by right; provided, they are located completely within a said professional governmental or business office building, and provided further that such ancillary uses do not occupy more than 20% of the total usable floor space of said office building. 3. All uses permissible by right in this zone are subject to in- stallation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. Delete in C-2 Uses Permissible by Right: Paragraph 2 "Automobile service stations" "Refreshment stands" Paragraph 3 "Garages" Insert in C-2 Uses Permissible by Right: 4. Uses indicated as ancillary in C-l . Insert: 4 1 . After Commercial-2 in column headed "Zone": 4 Commercial-3 2. Under "Lot Average": Not Applicable. 3. Under "Area Minimum": Add Footnote J. 22,000 sq. ft. Amendment to the Zoning Ordinance Page 3 4. Under columns titled "Set Backs": a. "Front line restrictions": 75 feet from any public right of way line. No gasoline pump or pump island may be within 25 feet of any public right of way. b. "Side": 25 feet c. "Rear": 25 feet 5. Minimum Width at BRL: Not Applicable. 6. Off-Street Parking: See Section 6. 7. Under "Uses Permissible by Right": 1 . Any use permitted in C-2 zone. 2. Automobile service stations, refreshment stands ; garages (not including exterior storage of junk automobiles) , drive-in restaurants or prepared food sales operations which are predominantly carry-out and less than 75% of the food sold is consumed within a permanent building on the premises; drive-in laundry or drive-in dry cleaning establishments; other retail stores or operations which use no permanent building or a building of less than 2,000 square feet on the ground level in a location other than a shopping center of at least 10 different retail or service stores or establishments. 8. Uses Permissible on Appeal : Uses permissible on appeal in C-2. 9. Uses Prohibited: All uses not specifically permitted. AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA April 1 , 1964 Amend Section 11 , Zoning Schedule, Commercial-1 Zone by adding under Uses Permissible by Right the following: "volunteer fire department stations" after the words "nursing homes". I AMENDMENTS TO THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA - 4-17-63 Section 3 - General Regulations . Add new sub-sections as follows: 3. 16 Apartment Houses . 3. 161 Area Requirements: Any lot or tract used for apartment houses shall have a minimum of 10,000 square feet for the first living unit in each apartment house. For additional living units in any particular apartment house, the follow- ing areas shall be added to the 10,000 square feet requirement: Number of Rooms Lot Area Requirements per Living Unit per Living Unit 1 1500 sq. ft . 2 2000 sq. ft. 3 2500 sq. ft. 4 3000 sq. ft . Kitchen and baths shall not be included in determining the number of rooms in a given living unit. 3. 162 Apartment House Setbacks: a. No apartment house or its accessory structures shall be located less than 100 feet from the center line of any boundary street nor less than 30 feet from the right of way of any service drive paralleling a boundary street, nor less than 60 feet from the center line of any interior street. b. No apartment house shall be located less than 50 feet from any side or rear property line. No accessory building shall be located less than 25 feet from any apartment house nor less than 25 feet from any side or rear property line. No parking lot shall be located less than 25 feet from any side or rear property line. c. if any of the structures in an apartment house project are so located that the front or rear of one structure faces any other structure, a distance of not less than 60 feet shall separate such structures; if any of the structures are arranged in a row, end to end, no such structure shall be closer to any other such structure than a distance equal to the average of their heights. 3. 163 Percentage of Lot Coverage: Apartment houses, including accessory building, on any lot, shall not cover more than 25% of the area of such lot. There shall be included in the percentage of lot covered 180 square feet of park- ing space for each living unit, plus sufficient maneuvering area to give access to a public street . Section 5 - Board of Zoning Appeals. Delete sub-sections 5. 12, 5. 121 , 5. 122, 5. 123 and 5. 13. Section 11 - Zoning Schedule. Delete under "R-3 - Uses Perr:iissible on Appeal" the following language: "Apartments and apartment houses subject to conditions in Sec. 5. 12," Capitalize the word "Rooming" to begin a new sentence. Add new Zone entitled "M-1" as follows: See Attached. s 3 O 3 t Na 0 O O CD -• 7 7 O- ta 3 N w• 0 O O 7 VI D -1 rt. 0 — (i ca < C 0 t.a 0 7 (D 0 (0 W • (ND N 0 N — -. 7 N — D O cu a 0 CCD 0) CD a) to 71 1 w 1 (D ' 1 N T) 1 r-1-1• -s I -•"I 0 7-• 7 t!) O C •+ CD r+ CD 0 tr 7 CD V) O CD r+ rt N O -• 7 CD CL 0 W 0 • F— N r N 70 1 (D I a) 1 '1 Z 'P; 3 — rt CO O. 7 O r 7- 3 CT 3 CD v) 3 r+ S a) O w fD x -1 fD 7- C rt a I °gym (D CII r+ • rt O X- -. (D 1� N 1 O 0 r+ 7 In 1 0- p N r+-0 J 0 0 N 0 r+ r+ r+ N 0 -0 D N NJ I D -1 -• 0 7- -1 7 -1. -h (D Q. -) 0) 0 3 -11 --0 • 0 -• (D • CT 73 C Cu -1 7 0 0 O. -1 0 d T• a) al 0) 7 tQ -► -C (D N -• (D CD D '0 0 < () -s -h -• to "0 r•t 7 -Z (D 7 a• D 3 CD 7 0 — O.. 0 Q. 7' CD 7 - fi 7 r+ CD 7 rt > - — Cu r+ Cu — (D to (D -. 0' -. -.to '1 (D 0- 3 -0 _. 0 — ca to ca 0 -1 < (D to — -• r+ < 0 (D O -< (D a) Stn -1 C v 7 rt O et rt r+ Cr C rt V) O V) c0 O al 7 0 O -1 rt N et 3- a 73 to Cr rt -h C to.-0 7 7 a) -h d -• 0 r — (D 7' 0 I (D 0 - -s r+ c0 -h (D 0 0 7 J to (D C -S7--"0 CD � -h — rt -• 7- 0 0 Z "0 C rt tT • rt S O rt O -1 -• --• V) M ••C -s 1 O- 0 - - rr+< 0- < -t (D :3 - 7 0 to 7 (D N • Mt - rl. .1 C -' •j)..,7_- •.0 -, -1 f. C) -t) lD 7 - r+ 0 -h ••••y C). - ` ,1 Q 4) CL a) 0_ -•• -•• CL .0 7. 7 a) 7 to • C'� D C -7 -• 0 W O to C 7 -• 7 C. N I O -• -- C l07 7 C Cr rt -• rt (D ' 0 n��.. 70 -T � D B cn N -1 7 ^' _• to O lD -• c1 rt. 0 O 7' N - T -• -s O (0 1 O N 'O Ul O. V) rt a - 7- o -s (D (D O -- 0 to 9 0 W (D a) 0 0 13 (D 0 0- •1 - 7 0 ? 3 r•? N 7 to 0 N• a)• -h --`G 0 a) a) Cu O -h rt -h — rt. 7 to rt 0 0" J -1 0) r+ --• 0- O- d -t C a) S O. tr) 0 7 a) '0 7-- 0 r+ --• 0. (D t-••• !) Cu rt- -1 CD -. (D :7 0 (D v) .. -•to --• O c u o) r` -1* C V) 0 (-+ • 0 'I •• O .L -h- - 0 rt .J -h -1 c'') C r+ 7 7- CD 3 S 7 r` ,7 (0 J 't -• (D N 0 •• (D O to N rt -11 ;+ C. ti) 0 •0 (D 7 I a) !1 1 7' " rt • (D O. C Cu ----)-----J--7-?1 (D"-..$-rte V - 3.--- CO■ t1. 0 N a) ? N 0 (D N -1 O 1.1 (I) i.: O —"0 (D et -h -• -• -1 N 0. J -1 '0 V) D C r+ e l) :N -1 V) O -s (D 0 t.0 (D r+10 to 0 os N O rt L' o t1 (D rt 7- 7- 0) -I -1 •• t7 -1 N (D 0 .0 v Ct -0 0 N N •< rt to -• 0 0 a) a 0. C O (D -Q to •1 -1 -0 • 0 7 r+ r+ 3 - (D 0) -0 0 -• rt -) C fil - d N 0 TI N C1 -• N N lL 7 0 -1 to rt -• l0 -. to CU - < CD (D 0 - 0 •< t!) 0 VI ' —• 0 _. CD d )n C) rt. 0) 0 -s O_ CD 0. C.I CD N .+ C 7 T 9 -h X- < Cu - to -1 a) - 7 0. CD 0 Cr -• t o a. 0 0 -h 0 (D -h -• a) — 0 jG -1 -< 7 (D t-) 0 < 0 - 7- -h a) N rt N •• rt -) -.• v) (D t) - --• 0 (0 Cl' rt rt. C 3) r -ii (aD r+ C C. CI (D d 0 T v v CD VI T (D - O -• r+ (D 7 r+ to — N 7 to 7 7 r+ rt. 7' rt N N O. I.0 •< 0 - -t FEB 5 1964 SECTION 12 PERFORMANCE STANDARDS IN CERTAIN ZONES 12.01 No use shall be established or conducted in any Commercial-2, Industrial-1 or Industrial-2 zone in any manner in violation of this section. This section shall be in addition to the requirements of Section II of this ordinance and shall not in any way modify or lessen said requirements nor be read so as to permit any uses not permitted therein. 12.02 Sound The sound-pressure level of sound radiated from an establishment, measured at the lot line of the site thereof that is the nearest thereto, shall not exceed the values in any octave band of frequency that are specified in Table I below, or in Table I as modified by the correction factors set forth in Table II below. The sound- pressure level shall be measured with a sound level meter and an associated octave band analyzer conforming to standards prescribed by the American Standards Association. Table I Maximum Permissible Sound Pressure Levels Measured re 0.0002 dyne per CM2 Frequency Band: Cycles per Second Decibels 20-75 74 75-150 62 150-300 57 300-600 51 600-1200 47 1200-2400 42 24.10-4800 38 48c0-10,000 35 AMENDMENT TO SECTION 2 OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA F1L 5 Add Section 2. 131 2. 131 - Kennel . Any place in or at which dogs are kept under any one or more of the following conditions: (a) More than four dogs more than four months of age, or (b) any number of dogs that are kept for the purpose of sale or in connection with the boarding, care or breeding, for which any fee is charged. AMENDMENTS TO SECTION 11 OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA Fa 5 iye4 Delete Industrial- 1 Uses Permissible By Right in its entirety and substitute therefor: "Industrial uses for which satisfactory evidence is presented that such uses will not adversely affect any contiguous district by reason of odor, glare, smoke, vibration, noise, or sight, subject to approval of site plan by Planning Commission and construction of project in accordance with all details of site plan. No industrial building in I -1 Zone may be enlarged or changed in use, no parking area may be moved or enlarged without prior approval of Planning Commission. Not more than 50% of the land area may be occupied by buildings. " Delete Industrial-2 Uses Permissible By Right in its entirety and substitute therefor: "Warehouses, laundries, property yards, wholesale houses, fuel oil sales, bulk petroleum storage, bottling plants, bakeries, lumber yards, and monument works, other manufacturing and industrial uses for which satisfactory evidence is presented that such uses will not adversely affect any contiguous district by reason of smoke, dust or hazard of explosion, subject to approval of site plan by Planning Commission. All uses permissible in C-1 and C-2 zones except as herein prohibited. All uses subject to installation of curbs, gutters, storm drainage structures, entrances and exits and approval thereof by City Engineer." • AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA FEB 5 1964 Add as Section: 3. 154: 3. 154 - Upon the denial of any application filed pursuant to Section 3. 151 for change in zoning, no further application shall be filed pursuant to Section 3. 151 within twelve months for change in zoning of any or all of the same property involved in the denied application to the same zoning category applied for in the denied application. The term "zoning category" as used in this section shall mean residential , commercial , apartment or in- dustrial . The applicant may withdraw any application filed pursuant to Section 3. 151 at any time before the matter is called on the agenda of the City Council for the advertised public hearing. Thereafter such application may be withdrawn only upon the affirmative vote of a majority of the City Council present and voting. The City Council may initiate action on a pro- posed change in zoning by referring said proposal to the Planning Commission for a legally advertised public hearing whether or not an application for change in zoning of any or all of the same property to the same zoning cate- gory has been denied within the preceding twelve months. Delete Section 5.01 in its entirety and substitute therefor: "A Board of Zoning Appeals is hereby established. The membership shall consist of five members appointed in pursuance of Section 15-968.8 of the Code of Virginia." Delete Section 5.03 in its entirety and substitute therefor: "Whenever an appeal is made to the Board the Board shall , within thirty days thereafter, advertise by publication once a week for two successive weeks in a newspaper published in or having general circulation in the City of Fairfax a notice of the time and place of hearing of such appeal . This hearing shall be not less than five days nor more than ten days after final publication of the notice. At least ten days prior to the date of any such hearing before the Board of Zoning Appeals the property shall be posted by the City and the applicant shall notify at least five adjacent or neighboring property owners by certified mail . AMENDMENT TO SECTION 11 OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA FEB 5 1964 Add to Section 11 , R-1 Zones, Uses Permissible on Appeal , the word "Kennels". 4 Delete Section 11 , R-2 Zones, Uses Permissible on Appeal , in its entirety and substitute therefor: "Tourist homes. All uses permissible on appeal in R-1 zone except Kennels." I II ap il AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF FAIRFAX NOV 181964 THE CITY COUNCIL OF FAIRFAX HEREBY ORDAINS: 1 . That the Zoning Ordinance for the City of Fairfax, Virginia as amended, be and the same hereby is, amended to add Section 13 to read as follows: SECTION 13 OLD AND HISTORIC FAIRFAX DISTRICTS SECTION 13.01 . There are hereby created in the City of Fairfax, Virginia, districts to be known as "Old and Historic Fairfax Districts", the first of which shall begin at a point N 16°15'E, 150' and N 73°45'W, 150.00' from the Northwest corner of the intersection of North Street and West Street; Thence along the following courses : S 75°45' E 1490.00 ft. ; S 16°l5'W 1292.00 ft. ; N 73°45' k! 1 1 10.00 ft . ; N 16°15' E 628.00 ft. ; N 73°45' W 380.00 ft. ; N 16°15' E 664.00 ft. ; to the point of beginning, and being more generally described as the original Town of Providence, as resurveyed and rededicated in Liber 0-3, Page 208 in the land records of Fairfax County, Virginia, together with a 150' wide border around said Town (more or less, to conform with existing property lines) . It shall be within the province and power of the City Council to enlarge said first such district in such manner as it shall see fit or to create additional such districts within the City corporate limits at such time as the Council deems such action to be in the public interest by promoting the general welfare of the community through the preservation of old and historic places, or areas of historic interest 1n the City. I Page 2 Sec. 13.02. In order to promote the general welfare through the preservation and protection of historic places and areas of historic interest in the City, no building or structure shall hereafter be erected, reconstructed, altered or restored, within said Old and Historic Fairfax District, unless and until an application for a certificate of appropriateness shall have been approved by the Board of Architectural Review hereinafter created, as to exterior architectural features including signs, which are subject to public view from a public street, way or place. Evidence of such required approval shall be a certificate of appropriateness issued by the Board of Architectural Review hereinafter created. Sec. 13.03. In order to promote the general welfare through the preservation and protection of historic places and areas of historic interest in the City, no building which existed within the Old and Historic Fairfax District in 1900 or prior thereto, except as provided in Sec. 13.13 of this article, shall be razed without first obtaining a permit approved by the Board of Architectural Review or the City Council on appeal , and such Board and Council shall be empowered to refuse such permit for any structure of such architectural or historic interest, the removal of which in the opinion of the Board or the City Council would be detrimental to the public interest of this City. Sec. 13.04. Applications, or reapplications as hereinafter provided, for such certificates of appropriateness or permit shall be made to the City Planning Director of the City of Fairfax, Virginia, together with tender of a $50.00 fee therefor. Sec. 13.05. For the purpose of making effective the provisions of this article, there is hereby created a board to be known as the Board of Architectural Review, to be composed of seven members, six of whom shall be appointed by the Council . At least one appointee shall be an architect licensed in Virginia and one member shall be appointed from among the membership of the Planning Commission The City Planning Director shall be a member by virtue of his office. Term of office of all members except the Planning Director shall be coincidental with that of City Council and the reappointment of any member for an additional term or terms shall be by affirmative action of the Council only, except that the term of the City Planning Director shall correspond to his official tenure of office. The term of the Planning Commission member shall be further limited by his term on the Commission. Any appointed member of the Board may be removed from office without cause by a two-thirds vote of the elected members of Council . An appointment to fill a vacancy shad be only for the unexpired portion of the term. Page 3 Sec. 13.06. The Board of Architectural Review shall elect its Chairman from its appointed membership and the City Planning Director shall be its Secretary. Sec. 13.07. The Chairman shall conduct the meetings of the Board. The Secretary shall be responsible for keeping the minutes of the meetings and a permanent record of all resolutions, motions, transactions, and determinations, which minutes and records shall be kept available and open to public inspection. All members of the Board shall be entitled to vote and the decisions of the Board shall be determined by a majority of the membership. A quorum of four members present is required before the Board may take any official action. The Board shall meet within twenty.one days after notification by the City Planning Director of an application for a certificate of appropriateness or permit re- quiring action by the Board. The meetings of the Board shall be open to the public, and a public hearing shall be held by it on all applications coming before it. The Board shall vote and announce its decision on any matter properly before it not later than fourteen days after the conclusion of the public hearing on the matter, unless the time is extended by mutual agreement between the Board aid the applicant. The Board shall not reconsider any decision made by it, except in cases where an applicant appears within ninety days with his application amended as hereinafter provided. The Board shall not hear the subject matter of any application which has been denied for a period of one year, except in cases where an applicant appears within ninety days with his application amended as hereinafter provided. In case of disapproval of the erection, reconstruction, alteration or restoration of a building or structure, the Board shall briefly state its reasons therefor in writing and it may make recommendations to the applicant with respect to the appropriateness of design, arrangement, texture, material , color, location, and the like of the building or structure involved. In case of disapproval accompanied by recommendations, the applicant may again be heard before the Board if within ninety days he comes before the Board with his application so amended that it will comply with all of the recommendations of the Board. In case of disapproval of the razing of a building which existed within the Old and Historic Fairfax District in 1900 or prior thereto, the Board shall state its reasons therefor in writing in some detail . If there be an appeal , the Board shall forthwith forward its reasons to the Council . Page 4 In matters covering the procedure for meetings not covered by this article, the Board may establish its own rules, provided they are not contrary to the spirit of this article. Sec. 13.08. No application for a permit to raze a building which existed in the Old and Historic Fairfax District in the year 1900 or prior thereto shall be considered by the Board unless and until the Secretary to the Board has caused to be prepared an advertisement stating the time, date, and place of the proposed hearing before the Board, the location of the property involved and the nature of the application; and further has caused such advertisements to be published once a week for two successive weeks in some newspaper published or having general circulation within the City, the last publication appearing not less than five days nor more than ten days before the published hearing. Sec. 13.09. The Board shall not consider interior arrangement or features not subject to any public view and shall not make any requirements except for the purpose of preventing development obviously incongruous to the old and historic aspect of the area. The Board shall consider the following in passing upon the appropriateness of architectural features: a. Exterior architectural features, including all signs, which are subject to public view from a public street, way or place. b. General design and arrangement. c. Texture, material , and color. d. The relation of the factors in a, b, and c above to similar features of buildings and structures in the immediate surroundings . e. The extent to which the building or structure would be harmonious with or obviously incongruous to the old and historic aspect of the district. f. The extent to which the building or structure will preserve or protect historic places and areas of historic interest in the City. g. The extent to which the building or structure will promote the general welfare of the City and all citizens by the preservation and protection of historic places and areas of historic interest in the City. h. The extent to which said preservation and protection will promote the general welfare by maintaining and Increasing Page 5 real estate values, generating business, creating new positions, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, 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, and making the City a more attractive and desirable place in which to live. Sec. 13. 10. The Board or the Council on appeal , shall grant the owner of any building which existed within the Old and Historic Fairfax District in the year 1900 or prior thereto, a permit to raze the said building unless: a. The building is of such architectural or historical interest that its removal would be to the detriment of the public interest; and b. 1 . The building is of such interest that it can be made into a historic shrine; or 2. The building 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 building would help preserve and protect a historic place or area of historic interest in the City; or 4. Retention of the building would protect the general welfare by maintaining and increasing real estate values, generating business, creating new positions, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in American or Virginia history, stimulating interest and study in arr:hitecture 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. Sec, 13. 11 . Immediately upon approval by the Board of any erection, re- construction, alteration or restoration, a certificate of appropriateness signed by the Secretary of the Board and bearing the date of issuance shall be made available to the applicant. Page 6 Immediately upon approval by the Board of any application to raze a building which existed in the year 1900 or prior theretc, a permit to raze a auiiding existing on or before the year of 1900 signed by the Secretary of the Board and bearing the date of issuance, shall be made available to the applicant. In instances where the City Council on appeal approves the razing of such a building, a permit to raze a building which existed in the year 1900 or prior thereto, bearing the date of issuance, shall forthwith be signed by the Mayor and made available to the applicant. Sec. 13.12. Whenever the Board shall disapprove an application for a permit to raze such a building existing on or before the year 1900, the applicant shall have the right to appeal to and be heard before the City Council of the City of Fairfax, Virginia, provided he files with the Clerk of the City Council r.; or be.;ore fourteen (14) days after the decision of the Board, a notic in wr. ting of his intention to appeal . Upon receipt of such notice, the Clerk of the City Council shall forthwith notify the City Manager who shall schedule a public hearing before the City Council at a time not less than thirty (30) days after the receipt by the Clerk of such notice, but no such hearing shall b^ had unios..s until the City Manager has caused to be prepared an advertisement stctiny .he time, date, and place of the proposed hearing before the Council ; the location of the property, involved, and the nature of the hearing; and furs;.e, nes caused such advertisement to be published at least once a week -;:or two successive weeks in soms newspaper published or having general circatic . .ir. the City. On any appeal , the City Council shall conduct a public hearing on the matter, before rendering any decision, which decision shall be final . ,,ec. 13.13. Nothing in this article shall be construed to be In conflict .'i ti. any ordinance which permits the razing of unsafe structures. Sec. 13. 14. 1 f any person shall tender a fee to the City in the sum of $5(',A to c: JP.' ousts in connection with notice, the City Manager shall case to '-)e ,;3i ltd to each such ncrsot. a reriod one yFu. eti,: of `re. respective p'.+F'. ic hearings on all matters concerning the Old and Historic Fairf-_x 'rich notice shal ' be mailed at least five (5) days before a hear}nc and shall t�. :..,e time, d6te, place, and nature of the proposed hearing location of property involved. ita tc*.Ad11I 1,o. , 0e o ° .11.1%wit ql. ve- .� �� ro ,\ � 174 % Bs BELLE Topo A m t.,,pre W,LLA-. .a/ ® Netl 173 Leyte^ ELEM. SON. - ForyO} 147 D''iv( s/Pr'," 168 Sae 57-4 r 159 .160/ 1 IS8 � P'ie� ISO I61 • 169 162 163 .4 IS6 i .. 1656 qv 1 ✓ C r ".r I1 170 �53� 154 .r S �'at. 1 c,5 Sae(57-4)(2-106A) 1 SS zPl.! 2 Si. .. n 14 4 A, . 68 - 143 67 Ilifflitts,- icr sr „?Fi I fie ,lir. a, ire yam 9 o.e �� J� c�;;�'H� �®/23` z��.. //'9 144 oe. ' 87 ®®l?t ' tt. I I 14 V 0 ' S5 _•, I32 f I Z Pr. !32 �4> a P4. 1 }SO , 43 r 4v. Ri r.r �� -a V� ! FA/RFgX ill "a ��'34q &4i4ET IEM, sCN hist 0 . 4444.4--_,...1 • ► e ® 34 ®'® 40 42 O 3e* 33„Di ikhiVIA, AlbrAVO ...,74,,,v., , ,,,, 5:4 i a,. i • Mif ©m wona®p �' . CST 30 WA 10 ” 3�n Y N,44� brtahp� �a'.oi WOE a� 55 ..�tY1 RoC.n rilt\2.- -Allimpat ■nom-az. �r. 11 00 msV-y,,1,.. ® • 3 y oo ��,_ �� m ...„_ i - - . G.Y. =�� 0 23 \ 20 S®��© 0� 1® Y2 ® t Lan.' ® ©� 13 ® ®J� 66 167 166 1110 1 Mil• Meng , ® e�is .., Oero7 r �� ®®30 ucam ewrr /4 • ......., , O ® n0 I, 4 ® ® 27 moo,' 7 44 13 vitikm via ��r � 4 ® 16 I 3 Rt.. Iz II IO a e - Y6 13 A Is , ; oh:' to 2e �m 1 z, ' It a2 Fa'a' orA11 4a .® 2.+,. '4 a 1j ^ a\ 12 11 \\ f i ORDINANCE NO. 1966-13 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CERTAIN PROVISIONS OF SECTION 4 OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA. THE CITY COUNCIL OF THE CITY OF FAIRFAX HEREBY ORDAINS: That Section 4 of the Zoning Ordinance of the City of Fairfax, Virginia, is hereby amended as follows: 1. Substitute for the present Subsection 4.01, the following: 4.01 INTENT: It is the intent of the section that non- conforming uses are inconsistent with the purpose 3 of this Chapter; that they are recognized and per- 3 mitted to continue only because they are antecedent 3 to the ordinance, that they be restricted closely, r 0 and that although they may be continued, they shall rn not be enlarged or extended. Z 2. In Subsection 4.02, substitute the phrase "of two years" a) • • l0 • m for "exceeding 180 days" . crI Zvi 3. Add the following subsection after the present 4.05 : o ff w P 4.06 An enlargement, extension, reconstruction or structural o a) p., ai alteration of a non-conforming use in a Commercial-2 o U z zone may be authorized by special use permit issued � c � o -1 ro -9 by the Board of Zoning Appeals, subject to such con- -H tY, ditions, bonds, and guarantees as the Board may deem 4 necessary in the public interest, provided that such RI ro use is permitted in another commercial zone and, as $-1 W W ro -) w provided further that the use for which an extension 4rx o -p . . or enlargement is sought conforms to the minimum lot ro •� o requirement in the zone where it is permitted and, ›IC) 4 after construction of the extension or enlargement $4▪ +) '� o ✓ proposed, the entire structure or structures will ?, • N N, +) N U -H H a) U 1 � r meet all other requirements for such a use in the zone where it is permitted including those governing side, rear and front setbacks. 4. Renumber present Subsection 4.06 to 4.07. This ordinance shall become effective immediately upon its adoption. ADOPTED: November 15, 1966. APPROVED: Mayor ATTEST: n City C erk I 2 - ORDINANCE NO. 1967-2 AN ORDINANCE AMENDING SECTION 13.05 OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA. THE CITY COUNCIL OF THE CITY OF FAIRFAX, VIRGINIA, HEREBY ORDAINS: That Section 13 . 05 of the Zoning Ordinance of the City of Fairfax, Virginia, is hereby amended to read as follows: 1. Section 13 .05 . For the purpose of making effec- U tive the provisions of this article, there is hereby created a w board to be known as the Board of Architectural Review, to be rts 3 composed of seven members who shall be appointed by the Council. 3 One appointee may be a member of the Council. At least one ap- pointee shall be an architect licensed in Virginia and one mem- rn ber shall be appointed from among the membership of the Planning z Commission. Term of office of all members shall be coincidental v with that of City Council and the reappointment of any member for an additional term or terms shall be by affirmative action 0 44 of the Council only. The term of the Planning Commission member a • shall be further limited by his term on the Commission. Any ap- o N U Lo m pointed member of the Board may be removed from office without ro cause by a two-thirds vote of the elected members of Council. rt b w •I Any appointment to fill a vacancy shall be only for the unexpired x portion of the term. U O W .H 2. This ordinance shall be effective immediately upon ro o w w N\ 44 its adoption. 4 P 0 -p ADOPTED: August 1, 1967 . x v APPROVED: a)ai o ( 1 0 AT ST: Mayor o 1 u Cit Clerk w >i H +- U ORDINANCE NO. 1967-7 AN ORDINANCE to provide for the amendment of certain provisions of the Zoning Ordinance relating to signs. BE IT ORDAINED by the City Council of the City of Fairfax as follows : SECTION 2 Delete definitions of "Sign" and "Billboards," , and add the following definitions to Section 2 in alphabetical order : Billboards or poster panel : Any sign or advertisement used as an an outdoor display for the purpose of making anything known, where the subject matter of the sign is not available on the premises . 3 fanned Shopping Center : Two or more commercial establishments planned U or operated as a unit with off-street parking provided on the property. 3 Sign : Any word, numeral, figure, design, trade mark, flag, H pennant, twirler, light, display, or device of any kind which, either z singly or in any combination, is used to direct, identify, inform, persuade, advertise, or visually attract the attention of the out of ro doors public. 0 Sign Area : The total area in the smallest rectangle or rec- 0 r>2 ,`. tangles, if the sign is rectangular; or the smallest convex polygon o rn O r-I that will contain the entire sign, excluding architectural embellish- 0 N ro menus and supports on neither of which there is displayed any M a0, H advertising material or any lighting. For projecting or double-faced z4� x signs, one (1) display face shall be measured in computing total sign U O ro ▪ ro H area where the sign faces are parallel or where the interior angle -p -r ro w ro formed by the faces is forty-five (45) degrees or less . The actual ▪ '1 >i area of any exposed tubing or lighting used to outline any part of a 4-) ro _ H ▪ '; lot, other than a sign, shall be included in any computation of sign ro '� area; provided that the area of any band of lighting (including a ' o C.) o . string of individual lights) less than one (1) foot in width, shall be o w - I 4) >1 H computed at the rate of one (1) square foot for each one (1) foot on the length thereof. SECTION 3 SIGN FEES Delete the existing section 3 .12 and add the following: See Section 7 Subsection H-5. SECTION 7 SIGNS A. INTENT It is intended by this ordinance to regulate all signs, bill- boards, and other displays or devices to direct, identify, inform, persuade, advertise or attract attention, herein called "signs, " in order to promote the health, safety, morals, and general welfare of the inhabitants and property within the City. This ordinance shall not be used to limit illumination prescribed for safety purposes by the Illuminating Engineers Society. B. EXCLUSION FROM DEFINITION The following signs shall not be subject to regulation hereunder: 1. Signs or plates on residential structures or premises giving the name or address of the occupant, mail boxes, paper tubes and similar uses customarily associated with residential use. 2 . Signs posted upon property relating to private parking or warning the public against trespassing or against danger from animals. 3. Municipal, County, State and Federal signs, including necessary traffic signs. 4. Historical markers, monuments or signs erected by public authority. - 2 - 5. Official notices or advertisements posted or displayed by or under the direction of any public court official in the per- formance of his official or directed duties, or by trustees under deeds of trust or other similar instruments . C. REGULATIONS The following regulations shall apply to signs in all districts : 1. Attached Signs : (a) Sign Placement - Every sign greater than four (4) square feet in area shall be placed flat against the building, projecting no more than twelve (12) inches, except as other- wise permitted. (b) Sign Height - In no case shall any sign extend more than three (3) feet above the height of the building measured from the actual roof line in the case of a flat roof; from the eaves or the lowest point of the roof in the case of a hip or gable roof; provided that if the building is construc- ted with parapets, the sign shall be no more than three (3) feet above the parapet, but in no case shall the sign be more than six (6) feet above the actual roof. 2 . Pylon Signsz (a) In no case shall any pylon sign exceed a height of twenty (20) feet measured from the nearest curb elevation as established by the City Engineer or the base of- the sign, whichever is lower; provided that a sign that is not closer than fifty (50) feet from a street right-of-way line may have a height of forty (40) feet. (b) No sign shall be located within the front fifteen (15) feet of any required setback. 3 . Signs Adjacent to Residential_Districts : No _illuminated i n shall be permitted within one hundred. ...(.lOal .feet of any "R", s g - 3 - "M" or "R-T" District. No sign within three hundred (300) feet shall be illuminated between the hours of 12 :00 midnight and 6:00 a.m. 4. Sin Illumination: Unless otherwise expressly prohibit- ed, signs may be illuminated, provided that lighting directed toward a sign shall be shielded in such a manner so as to illuminate only the face of the sign. D. SIGNS PERMITTED WITHOUT A PERMIT The following signs are permitted without a permit provided they conform to the regulations of the district in which they are to be located as to size, location and type of construction: 1. Church signs on church property (not to exceed twenty- four (24) square feet, white lighted) . 2 . Signs on interior window glass, regardless of size. 3. Signs advertising for rent, sale or lease of dwellings in "R" and "R-T" zones, limited to a maximum total area of four (4) square feet per dwelling; provided that said sign shall not be illuminated. 4. Traffic signs, not exceeding two (2) square feet in area, indicating entrance or exit. 5 . Any flag, badge, or insignia customarily displayed by any government or governmental agency or by any charitable, civic, fraternal, patriotic, religious or similar organization, and customary temporary lighting and displays as a part of holiday decorations . 6. Signs relating to customary home occupations allowed in Section 2 .09. 7. No permit shall be required to change movable lettering on a permitted sign. • - 4 - E . SIGNS PERMITTED WITH A PERMIT The following signs are permitted, subject to the issuance of a permit by the Zoning Administrator; and provided further that the per- mit number shall be affixed to the sign in a conspicuous place: 1. "R" and "R-T" Districts : A free-standing sign denoting the name of the subdivision is permitted, provided that the area of the sign and sign structure does not exceed thirty-two (32) square feet and does not create a visual obstruction. The sign may be illuminated by white light only. Signs relating to special uses permitted within "R" districts are permitted on such properties. 2 . "M" Districts: A sign denoting the name of the multi- family project is permitted at each entrance of the project, provided that the area of the sign does not exceed thirty-two (32) square feet, does not create a visual obstruction, and is not located within the public right-of-way. The sign may be illuminated; however, any illumination must be by white light only. 3 . "C" and "I" Districts : The following signs are permitted: (a) Any commercial or industrial use, having at least fifty (50) feet of frontage on a public street, shall be permitted one (1) pylon type sign, the size of which may not exceed one-half (1/2) square foot per lineal foot of front- age occupied by the use, or fifty (50) square feet, whichever is smaller . Any commercial use, having at least two hundred (200) feet of frontage on a public street, shall be permitted two (2) such signs. For the purpose of this paragraph, an entire shopping center shall be considered one commercial use. No more than two (2) pylon type signs shall be per- mitted for any commercial use . - 5 (b) Signs attached to commercial or industrial build- ings in commercial or industrial zones, which advertise the said area or products or services sold therein, may have an aggregate area not exceeding two (2) square feet for each lineal foot of building frontage occupied by the use. (c) The total aggregate area of all signs permitted shall not exceed three (3) square feet for each lineal foot of building frontage measured to the outside of the exterior walls. In the event that a structure has frontage on two (2) or more streets, the sign area shall be based on the average building frontage. F. TEMPORARY SIGNS The following temporary signs are permitted with a permit in any zone: 1. Temporary signs denoting or advertising contractors, architects, developers, and real estate agents connected with the construction, or sale, or lease of structures in commercial or industrial zones, and of developments in residential zones, said signs not to exceed a total area of sixty-four (64) square feet, with no single sign having an area of more than thirty-two (32) square feet. Permits for such temporary signs shall be limited to ninety (90) days ' duration. A deposit of $25 .00 shall be re- quired for each sign, the deposit to be returned when the sign has been removed. 2 . Signs advertising the place and date of fairs, carnivals, horse shows and similar events, and signs of political candidates, parties or groups supporting the candidacy of any individual for office, or urging public support of or opposition to any public issues to be voted upon; provided such permits shall be limited to thirty (30). days' duration and provided a deposit of $25 .00 has - 6 - been posted with the City to insure the removal of such temporary signs . 3. Temporary banners or signs, advertising special events or holidays to be observed within the City, may be permitted within public rights-of-way for not exceeding thirty (30) days; provided liability insurance protection, deemed adequate by the City, has been furnished; and provided further, a deposit satis- factory to the Zoning Administrator, has been posted to insure the removal of such temporary banners or signs. 4. Temporary signs, advertising the initial openings of business establishments, may be permitted for not exceeding ten (10) days; provided the location of such signs are approved by the Zoning Administrator; and provided further, a deposit of $25 .00 has been posted with the City to insure the removal of such temporary signs. 5 . Directional signs placed on private property with per- mission of the owner and not exceeding six (6) square feet in area, directing the public to a subdivision or apartment project. Permits for such signs shall be limited to ninety (90) days and shall require a deposit of $25.00 to insure the prompt removal of such signs. G. SIGNS PROHIBITED The following signs are prohibited in the City: 1. Any sign in a residential zone exceeding an area of thirty-two (32) square feet. 2 . Any sign located in any manner or place so as to con- stitute a hazard to traffic. 3 . Any moving sign or device to attract attention, all or any part of which moves by any means, including fluttering, - 7 - rotating, or otherwise moving devices, or set in motion by move- ment of the atmosphere including but not limited to pennants, flags, propellers, disc, etc. , whether or not any said device has written message content. 4. Any flashing sign or device displaying flashing or intermittent lights or lights of changing degrees of intensity; except a sign 'indicating time and/or temperature, with changes alternating on not less than a five-second cycle. 5. Any illuminated tubing or strings of lights outlining property lines or open sales areas, roof lines, doors, windows, or wall edges of any building; provided that perimeter-shielded down lighting may be used to illuminate open sales areas. 6. Any sign that obstructs or substantially interferes with any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building. 7 . Any non-shielded illumination of a sign within two hundred (200) feet of an "R", "R-T" or "M" District. 8. portable signs, including any signs painted on or dis- played on vehicles or trailers usually parked in public places and used primarily for the purpose of such display; provided business signs painted on or attached to commercial vehicles shall not be prohibited. 9. Any sign which is a copy or imitation of an official sign, or which purports to have official status . 10. All temporary signs and banners, except as specifi- cally permitted in Section 7 Subsection F. 11. Billboards (except in 1-2) . 12 . . In no case shall any sign project into any public right-of-way, except as specifically permitted in. Section 7 Subsection F (3) . - 8 - 13 . No sign shall be located within the front fifteen (15) feet of any setback. 14. Any sign that violates any provision of a law of the Commonwealth of Virginia relating to outdoor advertising. 15 . Any other sign not expressly permitted by this ordinance. H. PROCEDURE AND FEES FOR SIGN PERMITS 1. Application for a permit for a sign, where required by this ordinance, shall be made to the Zoning Administrator of the City, on a form approved by the City Council and accompanied by the proper fee, and shall include pertinent data relating to the design, placement and location of the proposed sign. The Zoning Administrator shall issue a permit for a sign which conforms to the Zoning Ordinance. 2 . Any sign which is erected, used, maintained, operated, posted or displayed in violation of Section 7 of the Zoning Ordinance is hereby declared to be a public and private nuisance, and is subject to immediate removal by the Zoning Administrator. The City may collect the cost of such removal, obliteration or abatement from the person concerned. 3 . Any sign which becomes a safety hazard, or which is not kept in a good general condition and in a reasonably good state of repair, and is not, after thirty (30) days ' written notice to the person concerned, put in a safe and good general condition and in a reasonably good state of repair, is hereby declared to be a public and private nuisance, and may be removed, obliterated or abated by the Zoning Administrator. The City may collect the cost of such removal. obliteration or abatement from the person concerned. - 9 - 4. The provisions of this Section shall apply to all signs within the City regardless of whether or not a permit for such a sign is required by. this ordinance. 5. The following fees shall be paid prior to the issuance of a sign permit: (a) $5 .00 plus $ .10 a square foot for each sign. (b) $5 .00 per 100 signs of less than two (2) square feet in area. I . REMOVAL OF SIGNS Whenever the use of a building or premises by a specified business or occupation is discontinued for that business or occu- pation ation for a period of ninety (90) days, signs pertaining to that • business or occupation shall be removed immediately upon expiration of said ninety-day period. The owner of such premises shall be responsible for the removal of such signs and, after ten (10) days ' P written notice, if he shall fail to comply with the requirements hereof, the City Manager shall cause the sign or signs in question to be removed and shall charge the cost therefor to the owner of the premises. INTRODUCED: September 26, 1967 ADOPTED: November 7, 1967 4"j11/t/t --_ Mayor Atte t : , Ci C1-rk - 10 - . p ORDINANCE NO. 1967-9 AN ORDINANCE to provide for the amendment of provisions of the Zoning Ordinance certain P relating to flood p lain. BE IT ORDAINED by the City Council of the City of Fairfax as follows: Under Section 2, Definitions, add: 2. 111 Flood Plain: Any land area along a natural drainage way which � ' subject to continuous or periodic inundation or flooding as A is subj ro delineated and shown on an official map dated July 19, 165 on m file in the office of the Director of Public Works, which map a� m 3 reference. 3 is made a part of this ordinance by Under Section 3, General Regulations, add: 3 T 3 .15 Flood Plain and Draina a Control: structure existing `° rn m t 3 .151 Developen : No structure or addition to any increasing the outside perimeter of such structure shall be z lain, except as provided under the follow- 0 erected in the flood p v m ing conditions: 0 (a) Structures of which the underside of the lowest floor 0 w o • (including cellar or basement) is a minimum of 18 inches a o u al he flood plain, and where such structures and land use will o t o N RS not adversely affect the stream flow or natural drainage of 1 -P •r-I ,S A 01 the flood plain. 0 (b) Where the approved subdivision plat, approved by the 0 L,, Director of Public Works, delineates flood plain limits, struc- ro P w tures , will be permitted on any lot on which a flood free building a� � 4 o 6 .te remains. � contours of any land rt ' •'3.152 Draina e: No change shall be made in the � -' f flood plain w 1 _ rich affects the course, width or elevation of any o natural or other drainage channel in any manner which will •r rts � G14 t" or • o o r x change the drainage of such land y., � aP i obstruct, interfere with or Chang � as 0 � U without providing adequate drainage in connection therewith,.4 o ►-I fi U approved by the Director of Public Works. 1 3 .1 53 Res•onsibilit of Builders or Develo•ers: The approval of any construction or change pursuant to this ordinance shall not constitute a representation, guarantee or warranty of any kind or nature by the City of Fairfax or by any board, commission, agent, officer or employee thereof of the practicability or safety of any structure or other plan proposed and shall create no liability on or cause of action against said City, board, ion officer, agent or employee for any loss or damage conuniss , that may result therefrom. Sections 2. 111 and .3 .15, adopted on July 20, 1965 are hereby repealed. INTRODUCED: November 7, 1967 ADOPTED: November 21, 1967 Mayor Attest: " City Clerk - 2 - ORD I'NANCE NO. 1967-10 AN ORDINANCE TO AMEND AND REENACT CERTAIN SECTIONS OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA. THE CITY COUNCIL HEREBY ORDAINS that the Zoning Ordinance of the City A of Fairfax is hereby amended and reenacted to read as follows: 'a SECTION 2 0 ADD the following definitions in alphabetical order; ro SCHOOLS: 3 Nursery School : Any place, however designated, operated for the pur- pose of providing training, guidance, education or care for four or more children, none of whom are over six years of age, separated from 3 their parents or guardians during any part of the day other than from 0 6: 00 p. m. to 6: 00 a. m. , including kindergartens, day nurseries and day care centers. N A nursery school shall not be deemed a customary home occupation. 0 z School of General Instruction: A public, parochial , or private school w or college giving regular instruction at least five days each week o (except for holidays) for a normal school year of not less than seven months; but not including: (a) A school of special instruction as -r defined herein; or (b) A nursery school unless conducted as a part of 0 a school of general instruction. w School of Special Instruction: 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: (a) A nursery school ; or (b) a U riding schook, however, designated; or (c) a school for mental defec- tives. ADD the following words to Subsection 2. 09: Customary Home Occupation by adding a "comma" and the words "nursery to school" after "animal hospital" and before "and any establishment in which goods are offered for sale. " U m m •H 4 (l1 N •-1 w bI ,4 Q) •-1 m A X 0 '\°1 .1 4a •r-I Al -,-1 0 X , o M N 4a 1 O � H r0 O 44 t O ,.k r >1 N H • U U ,1 W • U •, f SECTION 3 Change: 3. 17 b from: "Any use permissible on appeal in R-1 , R-2, and R-3 zoning districts." To: "Any use requiring a Special Use Permit in R-1 , R-2, and R-3 zoning districts. " • - 2 - T SECTION 6 Off Street Parking ADD the following new subsection: 6. 12 Schools: See Section 14 for parking requirements. - 3 - • SECTION 11 1. ADD Nursery Schools in the R-1 Zone, changing: Uses Permissible on Appeal : Churches, governmental use, golf courses, plant nurseries, hospitals for treatment of human beings , nursing homes, electric transformers and substations, telephone repeater stations, club houses and grounds not conducted for gain (including swimming pools) , schools of general instruction, lodge halls, customary home occupations, kennels. To: Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3. 17 of this ordinance: Churches, governmental use, golf courses, plant nurseries, hospitals for treatment of human beings, nursing homes , electric transformers and substations , telephone repeater stations , club houses and grounds not conducted for gain (including swimming pools) , schools of general instruction and nursery schools complying with the provisions of Section 14 of this ordinance, lodge halls, customary home occupations, kennels. 2. ADD nursery schools in the R-2 Zone, changing: Uses Permissible on Appeal : Tourist homes, All uses permissible on appeal in R-1 zone, except kennels. - 4 • To: Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3.17 of this ordinance: Tourist homes and all uses requiring a special use permit in the R-1 zone, except kennels. 3. ADD Nursery Schools in the R-3 zone, changing: Uses Permissible on Appeal : All uses permissible on appeal in R-2 Zone. Rooming houses subject to approval of health officer, golf driving ranges, carnivals, circuses and fairs limited to no more than two weeks duration. To: Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3.17 of this ordinance: Rooming houses subject to approval of health officer, golf driving ranges, carnivals, circuses and fairs limited to no more than two weeks duration and all uses requiring a special use permit in R-2 zones. 4. ADD Nursery Schools and Schools of General Instruction to the R-T zone, adding, just before "Uses prohibited": Uses Requiring a Special Use Permit (See Section 5.08) : When shown on the preliminary site plan submitted to the City Council at the time of rezoning to the R-T zone, or when shown on a site plan amended with the approval of the City Council , schools of general instruction and nursery schools complying with Section 14 of this ordinance. 5. ADD Nursery Schools to the M-1 Zone, changing: Uses Permissible on Appeal : All uses permissible on appeal in R-3 Zone. NOTE: All uses permissible by right or on appeal in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. - 5 - To: Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3.17 of this ordinance: All uses requiring a special use permit in R-3 zone. NOTE: All uses permissible by right or requiring a special use permit in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. 6. Limit schools of special instruction and prohibit nursery schools and schools of general instruction in C-1 zones, changing under: Uses Permissible by Right: 2. Such ancillary uses as clinics, schools of special instruction, pharmacies or medical supply services, barber shops, beauty shops, restaurants, newsstands, photographic services, florists, gift shops, optical stores and services, are permissible by right; provided they are located completely within a said professional governmental or business office building, and provided further that such ancillary uses do not occupy more than 20% of the total usable floor space of said office building. To: Insert the following after the words "school of special instruction": "complying with Section 14 of this ordinance except that a trade school may be operated only in a district where the practice of the particular trade taught is permitted as a commercial enterprise". AND Changing: Uses Permissible on Appeal : All uses permissible on appeal in R-3 zone. Nursery schools, telephone exchanges and dial centers. All uses permitted by right or on appeal in this zone are subject to installation and approval by the Town Engineer of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. - 6 - • • T . To: Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3.17 of this ordinance, telephone exchanges and dial centers and all uses requiring a special use permit in R-3 zones, except nursery schools and schools of general instruction: All uses permitted by right or with a special use permit in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. 7. Limit schools of special instruction and prohibit nursery schools and schools of general instruction in C-2 zones, and clarify wording with respect to ancillary uses, changing: Uses Permissible by Right: By adding the following at the end of sentence four - Uses indicated as ancillary in C-1 . "but without requirements that such uses be located in a professional , government or business office building, and without limitation as to the percent of space in a building so used." And changing: Uses Permissible on Appeal : All uses permissible on appeal in C-1 Zone, trailer and mobile home parks subject to Section 5.10 and any other applicable ordinances, veterinarians and animal hospitals, open air theaters, pony rings, riding stables, miniature golf courses. All uses permissible by right or on appeal in this zone are subject to installation and approval by Town Engineer of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. 'To: Uses Requiring a Special Use Permit (See Section 5.08) With site plans as required by Section 3.17 of this ordinance, trailer and mobile home parks subject to Section 5.10 and any other applicable ordinances, veterinarians and animal hospitals, open air theaters, pony rings, riding stables, miniature golf courses, and all uses requiring special use permits in C-1 zones. - 7 - All uses permissible by right or with a special use permit in this zone are subject to installation and approval by the Director of Public Works of curbs, gutters, storm drainage structures, sidewalks, entrances and exits. 8. Limit schools of special instruction and prohibit nursery schools and schools of general instruction in C-3 zones, by changing: Uses Permissible on Appeal : To: Uses Requiring a Special Use Permit (See Section 5.08) 9. Add schools of special instruction and prohibit nursery schools and schools of general instruction in 1 -1 zones, by changing: Uses Permissible by Right: By inserting: "Schools of special instruction complying with Section 14 of this ordinance except that a trade school may be operated only in a district where the practice of the particular trade taught is permitted as a commercial enterprise." After: Industrial uses for which satisfactory evidence is presented that such uses will not adversely affect any contiguous district by reason of odor, glare, smoke, vibration, noise, or sight, subject to approval of site plan by Planning Commission and construction of project in accordance with all details of site plan. And before: No industrial building in 1 -1 zone may be enlarged or changed in use, no parking area may be moved or enlarged without prior approval of Planning Commission. Not more than 50% of the land area may be occupied by buildings. And Changing: Uses Permissible on Appeal : All uses permissible by right or on appeal in R-1 Zone. To: - 8 - T . Uses Requiring a Special Use Permit (See Section 5.08) All uses permissible by right or requiring a special use permit in R-1 , except schools of general instruction and nursery schools. 10. Limit schools of special instruction and prohibit nursery schools and schools of general instruction in 1 -2 zones, by changing: Uses Permissible on Appeal : All uses permissible by right or on appeal in C-2 zone. To: Uses Requiring a Special Use Permit (See Section 5.08) All uses permissible by right or requiring a special use permit in C-2 zones. • - 9 - SECTION 14 SCHOOLS 14.01 . INTENT: Nursery schools, schools of general instruction, and schools of special instruction, as defined in Section 2 of this ordinance, whether public, private, parochial , or cooperative, are regulated by this section to protect health and safety, to protect neighboring uses from nuisances occasioned by traffic, number of children present, noise, or type of physical activity, and to provide for adequate off-street parking. No provision of this section shall be construed to conflict with any school requirements established by the Commonwealth of Virginia. 14.02 SCREENING REQUIREMENTS: Privacy screening at least 6 feet tall may be required along play area or parking areas abutting a residential lot. Such screening may be vegetative if it meets the height requirement. Play area may be required to be fenced for the safety of the children attending. These requirements shall not be construed to permit fences or walls which may be prohibited by other sections of this ordinance. 14.03 OFF-STREET PARKING REQUIREMENTS: 14.03.01 In R-1 , R-2 and R-3 zones, no more than two parking spaces shall be provided in the front yard. 14.03.02 No parking areas which consist of three or more parking spaces shall be located in any required setback area or within a distance of 25 feet from any property line in R-1 , R-2 or R-3 zones, or for any school of general instruction. 14.03.03 For nursery schools, or other schools where students are under driving age. Off-street parking areas shall be provided for all parking required for staff and buses, and all loading and unloading. Staff parking shall be provided at the rate of one parking space for each of the maximum number of staff members and employees who will be present at any one time, including shift or session overlap. 14.03.04 For schools of general instruction at the high school level : One off-street parking space for every 10 students of design capacity. - 10 - • I 4 14.03.05 For schools of special instruction and for schools of general instruction above the high school level: Off-street parking shall be provided at the rate of one space per every 100 square feet of gross floor space, or one space for every two students and staff, whichever is greater. 14.03.06 All schools using buses shall provide adequate areas for off-street loading and unloading. In the R-1 , R-2 and R-3 zones, one "mini-bus" may be parked as a family passenger vehicle might be parked; parking for any other type of bus or for additional mini-buses shall be provided in the rear yard. 14.04 INDOOR AND OUTDOOR PLAY AREA REQUIREMENTS FOR NURSERY SCHOOLS: 14. 04.01 The design capacity of a nursery school shall be determined by the "available outdoor play area" or the "available indoor play area," whichever is more restrictive. At least 100 square feet of "available outdoor play area," and at least 25 square feet of "available indoor play area" shall be required per child registered per session. The "available outdoor play area" shall be the area located within the building restriction lines exclusive of area covered by buildings , driveways, and parking and loading space. The outdoor play area shall be completely enclosed with a fence at least 4 feet high and shall lie within the building restriction lines. The "available indoor play area" shall consist of the total floor area of rooms used for classes or playing, exclusive of halls, closets, toilet rooms , coat and storage rooms, kitchen, office, sick-child isolation room and living quarters of any staff who live on the premises. 14.05 ADDITIONAL PROVISIONS FOR SCHOOLS IN MULTI-FAMILY RESIDENTIAL ZONES: 14. 05. 01 In the R-T and M-1 zones , a school may not be located in one or more of the units designed and built to rent or sell as dwelling units, it being the intent of this pro- vision that building space used as a school be specifically designed and built for that purpose.. A school shall not be located directly above or below any dwelling unit, and shall not share a party wall with any • dwelling unit. - 11 - 4 4 . a A school shall have direct access to the out-of-doors, which access shall not be through any hall , foyer, or vestibule serving as entrance or exit for any purpose other than the school entrance and exit. More than one exit may be required for emergency use. Play areas shall be completely fenced and not accessible to children not in attendance. Introduced: November 7, 1967 Adopted: December 5, 1967 Mayor Attest: CitjClerk 1 1 - 12 - • • / ORDINANCE NO. 1968-1 AN ORDINANCE TO PROVIDE FOR THE AMENDMENT OF SECTION 3. 174 OF THE ZONING ORDINANCE PRESCRIBING SCREENING REQUIREMENTS FOR COMMERCIAL, INDUSTRIAL AND MULTI-FAMILY ZONES FROM RESIDENTIAL ZONES A BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, as follows: Amend Section 3 .174 by deleting the following: h. Screening, fences, wall, curb and gutters required U by an applicable City Ordinance and adding the following: H h. Screening from adjacent residential property shall conform as nearly as practicable to the standard illustrated in Figure 2. ro INTRODUCED: November 7, 1967 0 ADOPTED: January 2, 1968 . 4.1 0 >1 • P.4 CO o D 0.) r-I N P• N •H 4' .H Mayor r� P w -r1 Attest: (UC O ff- �� ' to) _ Cit Clerk w ua ,.c o .0 • • 4) . . ▪ x . o • ( . P i , ›-t M w 4-1 aai w; 0 U 0 .� H W -H 0 4 0 u) _ H 4-) U v TYPICAL SECTION FOR SCREENING , 12' 1/3 TOTAL �j� 1/3 TOTAL J.,...... 1/3 TOTAL y ( 6' HIGH STOCKADE FENC: 6' HIGH EVERGREEN •,0,, . WITH SMOOTH G TREES 5' ON SIDE TOWARDS CENTERS 0 RESIDENTIAL r . � DISTRICT 2 1/2' HIGH EV ERGREEN SHRUBS 5' ON CENTERS Q Z I CC H , o �'G r ��, /� ,,L.. w° / z\ / ‘ler / \/ ,/ //.< / \ / / /// \ & i I(- TYPE OF EVERGREEN TREES, SHRUBS AND NURSERY STOCK TO BE APPROVED BY THE CITY HORTICULTURIST TYPICAL PLAN FOR SCREENING RESIDENTIAL DISTRICT _ _ _ PROPERTY LINE i� 5' I 1/3 TOTAL . /e' 2 1/2' EVERGREEN SHRUBS -Nt f-. , itot G-J1 -- 0 ei 6 0,) a* n *6 EVERGREEN TREES 1/3 TOTAL -Q) (2% lit 4ti 4$ s. *&I-z 6 -4/,!_ -- -' 1/3 TOTAL SMOOTH SIDE-6' HIGH STOCKADE FENCE----___,,�^^ ^�3 rr��r�rrrr-u�r�. r�wa�0 ^ 0 0 i o , , 0 1 0 0 0 v POST SIDE APARTMENT-COMMERCIAL OR INDUSTRIAL DISTRICT Figure 2. • } ORDINANCE NO. 1968-2 AN ORDINANCE TO PROVIDE FOR THE AMENDMENT OF SECTION 3 OF THE ZONING ORDINANCE TO ADD A NEW SUBSECTION 3 . 16 PRESCRIBING VISUAL CLEARANCE REQUIREMENTS AT STREET INTERSECTIONS BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, as follows: Amend Section 3 of the Zoning Ordinance of the City of . a) Fairfax by adding the following: ra 3 .16 Visual Clearance m ro 3 3 .16.1 Corner Lots: On any corner lot in any U district there shall be no planting, structure, retaining wall, 3 fence, shrubbery or other visual obstruction higher than a height of three (3) feet six (6) inches above the street level, within the imaginary prism formed at said corner by the intersecting right-of-way lines and a line connecting two points each twenty- five ro (25) feet from their intersection with a height as stated 0 above, measured along said right-of-way lines, as illustrated below. u.a a) a5 N r1 N c NO •� � c � 113 r0 17 a) U o 4-I M r7.4 7111.1173 • r� •r-I X 4-i rl U a) + - 0 Figure 1. P a) r4 H U r , INTRODUCED: November 7, 1967 I ADOPTED: January 2, 1968. • 4- Afc4141/1-e-t-a\ Mayor Attest: L ic.--s,--Z i ' s--- -1/7 1 ' i 1 , 7V-__ . -- C,.ty lerk • ORDINANCE NO. 1968-3 AN ORDINANCE TO PROVIDE FOR THE AMEND- MENT TO SECTION 11 OF THE ZONING ORDINANCE PRESCRIBING REQUIREMENTS IN BUILDING RESTRICTION AREAS IN COMMER- CIAL AND INDUSTRIAL ZONES. BE IT ORDAINED by the City Council of the City of Fairfax, A Virginia, as follows : • Amend Section 11 by adding the following: U Note K: Within the building restriction areas in commer- 0 cial and industrial zones or 'within twenty-five feet from the right,- 3 of-way line of properties within said zones, whichever is less, no 3 fence, wall, structure, automobile parking area, unloading area or other impervious area except permitted signs, sidewalks, driveways rn for ingress and egress shall be permitted nor shall any merchandise 0 be displayed. Such building restriction areas shall be landscaped pursuant to a plan approved by the City Planner. 'o Introduced: December 19, 1967 . 0 Adopted: January 2, 1968 . wao o U m a) `N' Mayor its rn 03 $4 Attest: U O w � ro 03 City Clerk rU ' w a) b w 0 U 4 1J ( IU w II a) >i ) w -H +� rit u-1 O a) 4--1 • U O , >1 a) A ` U a) U 1›.1 rI H U