Planning Commission Ordinances CITY OF FAIRFAX
City Hall
Fairfax, Virginia 22030
PLANNING COMMISSION
February 8, 1965
To: The Honorable Mayor and City Council
From: Mr. Jay E. Shanklin, Chairman, Planning Commission
Subject : Explanation of Commission Recommendation No. 2-65 relating to
Amendment of the Commercial Classifications of the Zoning Ordinance.
As an aid to any public hearing that may be held upon its Recommendation
Mc, 2-65 forwarded to the Council on January 28, 1965, the Planning Commission offers
the following explanation of its proposals :
A. ( 1) The addition to Subsection 3.01 of the present ordinance is meant to
be merely a general policy statement as to the purpose of each of
the various zoning categories.
(2) The deletions and revisions of the remainder of Section 3 are intended
to accomplish (1) The elimination of the provision for a so-called
"Zoning Permit", which has never been used under the ordinance and
for which there appears no need and (2) The addition of the Board of
Architectural Review, in the Official Design or "Charleston Ordinance"
area, as one of the agencies which must approve construction permits
or site plans for that area.
B. (1) The changes in the C-1 zone eliminate residential uses from that
district and thereby make such uses non-conforming and subject to
Section 4 of the Ordinance. Also, it is intended to make clear, as
originally intended, that uses such as barber and beauty shops ,
restaurants , etc. , are permitted only as uses ancillary to office
buildings. The intent is to make this zone, our highest commercial ,
basically an office building zone.
It will be noted that volunteer fire departments, which were added to
this zone by the Amendment of April , 1964, are omitted in the Com-
mission's recommendation.
(2) Changes in C-2 zone. These are entirely to bring this zone into
conformity with the proposals for the new C-3 zone.
The insertion of "4. Uses indicated as ancillary in C-1" is intended
to make clear that the uses permitted only as ancillaries to office
buildings in C-1 would be permitted as independent uses in C-2.
(3) The provisions for establishment of a new C-3 zone are largely self-
explanatory.
The principal differences from the other commercial zones , aside from
the differing uses permitted,are the 75-foot front setback and the
Ir71 4
To The Honorable Mayor and City Council
IExplanation of Recommendation No. 2-65 Pg. 2
•
25-foot side and rear setbacks and the requirement of 22,000 square feet
minimum lots. These setback requirements represent about an average of
the setbacks currently prevailing in the shopping centers and apartments
in the City and appear particularly appropriate in this zone because the
predominant character of the uses permitted in the new C-3 are of a drive-in
type which require quite substantial parking and service areas as well as a
high flow of vehicular traffic in relation to the size of the buildings
employed.
It should be noted that the uses of C-3 are retail uses and are not permitted
in either Industrial-1 or Industrial-2, and arc non-conforming uses in all
other zones .
Also, it should be noted that the size of building limitation in C-3 was
intended to apply to separate structures rather than the contiguous types
of structures characteristic of shopping centers .
Any existing resi :ntial uses in the new zone would be non-conforming and
therefore subject to Section 4 of the present Ordinance.
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CITY OF FAIRFAX
jr' City Hall
Fairfax:, Virginia 22030
PLANKING COTI ISSION
January 28, 1965
To: The i.iayor 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 A ENTfENTS
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 requirein nts 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 requirem?:ts and uses.
C-3 This zone is establis11,-d 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 establis :d. to provide area 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 1_3cated 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.
0
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-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.
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 Jidth 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
lr-
To: The Nayor 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,
;1 r i/
J SHANKLIN, CHAIIIA�
Fairfax City Planning Commission
JES/dml
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CITY PLANNING COMMISSION ORDINANCE
BE IT ORDAINED by the City Council of the City of Fairfax that
the Planning Commission Ordinance of January 3, 1963, as there amended,
be hereby further amended and re-enacted as follows:
Section 1. Authority, Designation and Purposes
Section 1. 01. There is hereby created a Planning Commission for the City
of Fairfax, Virginia, which shall be known as the "City Planning Commission"
of the City of Fairfax, Virginia.
Section 1. 02. The City Planning Commission shall serve primarily in an
advisory capacity to the City Council in order to assist in the improvement
of public health, safety, convenience and welfare of the citizens; and to plan
for the future development of the City so that residential areas may be
provided with healthy surroundings,so that the needs of industry and business
may be recognized and so that transportation systems, highway, utility,
health, educational, recreational facilities and the City itself all may grow
in a manner consonant with the efficient and economical use of public funds.
Section 2. Composition and Terms of Office
Section 2. 01. The City Planning Commission shall be composed of eleven
members, appointed by the City Council, all of whom shall be residents of
the City, and who shall be freeholders qualified by knowledge and experience
to make decisions on questions of community growth and development.
Section 2. 02. One of the members shall be a member of the City Council.
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Section 2. 03. Members of the City Planning Commission whose terms
of office have not expired upon the enactment of this amendment shall
continue to serve until the expiration of their present terms. Thereafter,
appointment or reappointment to fill these seats shall be for a term of four
years, except in the case of the member of City Council whose term shall
be co-extensive with that of his elected office.
Section 2. 031. Additional members appointed subsequent to the adoption
of this amendment shall be as follows:
a. One member for a term ending December 31, 1966
b. One member for a term ending December 31, 1967
c. Three members for terms each ending December 31, 1968.
Thereafter, appointment or reappointment to fill the seats provided for in this
Section shall be for terms of four years each.
Section 2. 04. The City Council may provide for (1) reimbursement of
actual expenses incurred by members of the City Planning Commission; or
(2) compensation to such members, or any of them, for their services.
Section 2. 05. Vacancies on the City Planning Commission shall be filled
by appointment by the City Council for the unexpired term only. Members
may be removed by the City Council for malfeasance in office.
Section 3. Organization and Rules
Section 3. 01. At the first regular meeting following the adoption of this
ordinance, and thereafter at the first regular meeting of each calendar year,
the City Planning Commission shall elect a chairman and a vice-chairman
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from kmong the appointed members, and may create and fill such other
offices from among its membership as it may determine necessary. All
officers shall serve for a term of one year, with eligibility for re-election.
Section 3. 02. The City Planning Commission shall hold at least one
regular meeting each month. It shall adopt rules and regulations in writing
for the transaction of business and shall keep a record of its resolutions,
transactions, findings and determinations, which shall be a public record.
Section 3. 03. A majority of the members shall constitute a quorum and no
action of the City Planning Commission shall be valid unless authorized by
a majority vote of those present.
Section 4. Staff and Finances
Section 4. 01. The City Planning Commission, subject to approval and
authorization by the City Council, may appoint such employees as it may
deem necessary and may contract with professional planners, engineers,
architects and other consultants for such services as it may require. The
expenditures of the City Planning Commission, exclusive of gifts and donations,
shall be within the amounts duly appropriated by the City Council for that
purpose.
Section 5. Duties
Section 5. 01. In order to fulfill the objects of this ordinance, the City
Planning Commission shall:
(a) Exercise general supervision of, and make regulations for, the
administration of its affairs;
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Prescribe rules pertaining to its investigations and hearings;
(c) Supervise its fiscal affairs and responsibilities, under rules
and regulations as prescribed by the City Council;
(d) Keep a complete record of its proceedings; and be responsible
for the custody and preservation of its papers and documents;
(e) Make recommendations and an annual report to the City Council
concerning the operation of the commission and the status of planning within
its jurisdiction;
(f) Prepare, publish and distribute reports, ordinances and other
material relating to its activities;
(g) Prepare and submit an annual budget in the manner prescribed
by the City Council; and
(h) If deemed advisable, establish an advisory committee or
committees.
Section 6. Effective Date
This ordinance shall be effective immediately upon its adoption.
Section 7.
All provisions of the City Planning Commission Ordinance of January 3,
1963 not consistent herewith are hereby repealed.
Section 8. Severance
Should any word, clause, sentence, section or sub-section of this ordinance
be declared void or unlawful by any court of competent jurisdiction, all
remaining provisions hereof shall remain in full force and effect.
ADOPTED: January , 1965.
Attest:
Mayor
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City Clerk o`'Y
•
CITY OF FAIRFAX
City Hall
Fairfax, Virginia
December 1 , 1962
To: Mayor and City Council
Subject: Proposed Revision of the City Planning Commission Ordinance.
1 . The purpose of this memorandum is to bring to your attention certain
changes needed in our City Planning Commission Ordinance in order to bring it
into conformity with Section 15-963 of the Code of Virginia as revised by the
last Session of the General Assembly and approved on March 31 , 1962. Specifically,
in order to conform with the Code, we need to amend the City Planning Commission
Ordinance (adopted on February 29, 1960) so as to provide the following:
a. That Planning Commission members be freeholders in addition
to other qualifications.
b. That Planning Commission members be appointed by the Council .
c. That the terms of office of Planning Commission members be
staggered and that vacancies be filled by appointment for the unexpired
term only.
2. Section 15-961 .2 of the Code states: "The membership of existing Plan-
ning Commissions and Boards of Zoning Appeals shall continue unchanged until the
first regular meeting of the governing body of the county or municipality in
January, 1963. At that time any appointments or changes needed to conform any
such commission or board to the requirements of this act shall be made." (under-
scoring supplied) . In order for the Council to proceed expeditiously in this
matter, a proposed revision to the City Planning Commission Ordinance has been
drafted and is forwarded herewith for your approval . It is recommended that this
draft be adopted at your first meeting in January, 1963. The only revisions pro-
posed are those outlined in paragraph 1 , above. To facilitate bookkeeping, it
would appear desirable that the beginning date of all terms of office of Planning
Commission members be set as January 1 . The Planning Commission and the City
Attorney concur in this draft. Public advertisement and hearing on the proposed
revision are believed unnecessary.
3. You will note that Sections 2.02 and 2.03 of the draft provide for ir-
regular initial appointments, and, thereafter, appointments or reappointments
will be for the normal 4 year term. This will give us the staggered terms re-
quired by the Code. Schematically, these staggered terms are shown below:
1963 1964 1965 1966 1967 1968 1969 1970
Member J D J D J D J D J O J D J O J D
#1 (Ex.) ( ) ( ) ( ) ( )
(Off.)
#2 (----) ( ) ( )
#3 (----) ( ) ( )
#4 ( ) ( ) ( )
#5 ( ) ( ) ( )
#6 ( ) ( ) ( )
#7 ( ) ( )
4. Appointments or reappointments of Planning Commission members should be
acted upon by the Council at the first meeting in January, 1963. I do not wish to
tread upon the prerogatives of Council ; however, if it is your desire to continue
the present members of the Planning Commission in office, the following is sub-
mitted for your consideration:
Mayor and City Council Page 2
December 1 , 1962
Suggested Reappointment
Member Present Term Expires Term Inclusive Dates
Mr. Clarke February, 1964 As per Sec. 2.02 of the Draft.
Mr. Lederer November, 1966 4 yrs. Jan. 1 , 1963 to Dec. 31 , 1966
Mr. Beall March, 1966 3 yrs. Jan. 1 , 1963 to Dec. 31 , 1965
Mr. Lombard December, 1965 3 yrs. Jan. 1 , 1963 to Dec. 31 , 1965
Mr. DeBlois December, 1965 2 yrs. Jan. 1 , 1963 to Dec. 31 , 1964
Mr. King August, 1964 1 yr. Jan. 1 , 1963 to Dec. 31 , 1963
Mr. Woods February, 1964 1 yr. Jan. 1 , 1963 to Dec -
You will note that the suggested lineup above is merely en effort to square
up present term expirations against those prescribed in Sections 2.02 and 2.03
of the draft ordinance. Obviously, it was necessary to curtail the present
4 year term for some and extend it for others. Mt. DeBlois and Mr. Lombard
were appointed at the same time--I merely flipped a coin to determine who would
be reappointed for the 3 year term.
5. A proposed resolution based on the suggested reappointments is attached
for your consideration.
Respectfully submitted,
JAMES R. F. WOODS
/ Chairman, City Planning Commission
/ �I
JRFW/dml
Ends. (2)
City of Fairfax DRAFT
• Fairfax, Va.
CITY PLANNING COMMISSION ORDINANCE
BE IT ORDAINED by the Council of the City of Fairfax that the Planning
Commission Ordinance of the City of Fairfax be amended and re-enacted as follows:
Section 1 . Authority and Designation
Section 1 .01 . There is hereby created a Planning Commission for the City of Fair-
fax, Virginia, which said Commission shall be known as the "City Planning
Commission" of the City of Fairfax, Virginia.
Section 2. Composition and Terms of Office
Section 2.01 . The said Planning Commission shall be composed of seven members,
appointed by the City Council , all of whom shall be residents of the City,
and who shall be qualified voters and freeholders qualified by knowledge and
experience to make decisions on questions of community growth and develop-
ment.
Section 2.02. One of the seven members may be a member of the City Council and
shall be known as an ex officio member. The ex officio member shall be
appointed or reappointed for a term beginning January 1 , 1963 and expiring
August 31 , 1964. Thereafter, the ex officio member shall be appointed for
a term of two years beginning September 1 , 1964, except that the ex officio
member shall hold office on the said City Planning Commission only during
his official tenure as a member of the City Council .
Section 2.03. The remaining members of the City Planning Commission, hereinafter
referred to as appointed members , shall be appointed for terms of office of
four years beginning January 1 , 1963, except that:
2.031 . Two members shall be appointed for one year terms beginning January 1 ,
1963 and ending December 31 , 1963. Thereafter, appointment or reappointment
to fill these two seats on the City Planning Commission shall be for a term
of four years.
2.032. One member shall be appointed for a two year term beginning January 1 ,
1963 and ending December 31 , 1964. Thereafter, appointment or reappointment
to fill this seat on the City Planning Commission shall be for a term of
four years.
2.033. Two members shall be appointed for a term of three years beginning
January 1 , 1963 and ending December 31 , 1965. Thereafter, appointment or
reappointment to fill these seats on the City Planning Commission shall be
for a term of four years.
2.04. One of the said appointed members may be a member of the Board of Zoning
Appeals of the City of Fairfax, Virginia, but said appointed members shall
Page 2
hold no other municipal office.
2.05. All members of the City Planning Commission shall serve as such without
compensation. Any appointed member of the said Commission may be removed
by the City Council after public hearing for inefficiency, neglect of duty
or malfeasance in office.
2.06. Vacancies in the City Planning Commission shall be filled by appointment
for the unexpired term only.
Section 3. Organization and Rules
The said City Planning Commission shall elect a chairman from among the
appointed members, and may create and fill such other offices as it may determine.
The Chairman shall serve for a term of one year, with eligibility for re-election.
Such Commission shall hold at least one regular meeting in each month. It shall
adopt rules and regulations for the transaction of business and shall keep a record
of its resolutions, transactions, findings and determinations, which shall be a
public record.
Section 4. Staff and Finances
The City Planning Commission may appoint such employees as it may deem
necessary for its work. The Commission may also contract with City planners,
engineers, architects and other consultants for such services as it may require.
The expenditures of the Commission, exclusive of gifts to the Commission, shall
be within the amounts duly appropriated by the City Council for that purpose.
Section 5. Duties
The City Planning Commission shall have general planning powers for the
City and shall make and adopt a master plan for the physical development of the
City; shall administer the subdivision ordinance of the City, as therein set forth;
shall control , preserve and care for historical land marks ; shall control the de-
sign and location of statuary and other works of art, which are or may become the
property of the City of Fairfax, Virginia, and the removal , relocation and altera-
tion of any such works belonging to the City; and shall have such powers, as pro-
vided by statute, as may be necessary to enable it to fulfill its functions, promote
planning and carry out the purposes of this ordinance.
Section 6. Annual Report
The City Planning Commission shall make an annual report to the Council
of the City of Fairfax, Virginia, concerning its activities during the year.
ADOPTED this 1963. APPROVED this 1963.
Attest:
John C. Wood, Mayor
Farce L. Cox, Ci t Cler':
CITY OF FAIRFAX
City Hall
Fairfax, Virginia
RESOLUTION
IT IS HEREBY RESOLVED that pursuant to Section 2 of the City Planning
Commission Ordinance of the City of Fairfax, Virginia, we appoint and hereby
do appoint the following citizens of the City of Fairfax, Virginia who possess
the qualifications prescribed in Section 2.01 of the aforesaid Ordinance, to be
members of the City Planning Commission from January 1 , 1963 for the terms
indicated:
Mr. Robert F. Lederer, for a term of 4 years expiring December 31 , 1966
Mr. John N. Beall , Jr. , for a term of 3 years expiring December 31 , 1965
Mr. Gordon F. Lombard, for a term of 3 years expiring December 31 , 1965
Mr. Gilbert E. DeBlois, for a term of 2 years expiring December 31 , 1964
Mr. Bennett W. King, for a term of 1 year expiring December 31 , 1963
Mr. James R. F. Woods, for a term of 1 year expiring December 31 , 1963
Mr. Roland M. Clarke, as an ex officio member for a term expiring August 31 , 1964.
ADOPTED this day of January, 1963. APPROVED this day
of January, 1963.
JOHN C. WOOD, Mayor
Attest:
FRANCES L. COX, City Clerk