2016-06ORDINANCE NO. 2016-06
AN ORDINANCE REPEALING CURRENT CHAPTER 110 (ZONING) IN ITS
ENTIRETY AND READOPTING THE CHAPTER WITH SIGNIFICANT
REVISIONS TO ALL ARTICLES AND SECTIONS CONTAINED THEREIN,
INCLUDING, BUT NOT LIMITED TO: ZONING DISTRICTS AND
REGULATIONS, SITE DEVELOPMENT STANDARDS, DEVELOPMENT
REVIEW PROCEDURES, NONCONFORMITIES, ENFORCEMENT AND
PENALTIES, AND DEFINITIONS.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that the current
Chapter 110 (Zoning) of the Code of the City of Fairfax, Virginia, be and the same hereby is
repealed in its entirety, and a new Chapter 110 (Zoning), be and the same hereby is adopted,
as amended, to read as attached hereto.
This ordinance shall become effective on October 1, 2016.
PUBLIC HEARING: July 12, 2016
ADOPTED: July 12, 2016
Mayor "
Date
ATTEST:
Votes
Councilman DeMarco
Aye
Councilman Greenfield
Aye
Councilman Meyer
Aye
Councilmember Miller
Aye
Councilmember Schmidt
Aye
Councilman Stehle
Aye
City of Fairfax, Virginia
City Council Regular Meeting
TO: Honorable Mayor and Members of City Council
FROM: Robert Sisson, City Manager P
Agenda Item # Sb
City Council Meeting 7/12/2016
SUBJECT: Proposed amendments to the Code of the City of Fairfax, Chapter 110 (Zoning) to repeal the
current chapter in its entirety and readopt the chapter with significant revisions to all articles and
sections contained therein, including, but not limited to: zoning districts and regulations, site
development standards, development review procedures, nonconformities, enforcement and
penalties, and definitions.
ISSUE(S): To conduct a public hearing and consider adoption of proposed amendments to the
Code of the City of Fairfax, Chapter 110 (Zoning) to repeal the current chapter in its
entirety and readopt the chapter with significant revisions to all articles and sections
contained therein.
SUMMARY: Adoption of the attached ordinance would repeal the current zoning ordinance in its
entirety and readopt with significant revisions. The revisions to the ordinance have
been prepared through the zoning rewrite process initiated in December 2013. The
process has included community meetings and workshops and work sessions with
various city boards and commissions to gather input as well as a detailed review of the
ordinance language by an advisory committee. The Planning Commission held a
public hearings on the draft zoning ordinance on May 23, 2016 and June 13, 2016 and
recommended approval with amendments to the City Council.
FISCAL IMPACT: None at this time.
RECOMMENDATION: Adopt the proposed amendments.
ALTERNATIVE: Defer action or do not adopt the proposed amendments.
RESPONSIBLE STAFF/
POC: Community Development & Planning
COORDINATION: City Attorney; Code Administration; Economic Development; Human Services;
Public Works
ATTACHMENTS: Staff Memo; Ordinance; Sample Motion; Draft Zoning Ordinance
MEMORANDUM
To: Honorable Mayor and Members of the City Council
Through: Robert Sisson, City Manager
From: Brooke Hardin, Director of Community Development &
Planning
Subject: Proposed amendments to the Code of the City of Fairfax,
Chapter 110 (Zoning) to repeal the current chapter in its
entirety and readopt the chapter with significant
revisions to all articles and sections contained therein,
including, but not limited to: zoning districts and
regulations, site development standards, development
review procedures, nonconformities, enforcement and
penalties, and definitions.
Meeting
Date: July 12, 2016
A rewrite of the City of Fairfax Zoning Ordinance commenced in December 2013 with the intention of
creating clear and user-friendly land development regulations. Draft ordinances were prepared
through the rewrite process while input was gathered from citizens, business community
representatives, development industry professionals, members of City boards and commissions, City
Council and Planning Commission members, and City staff through listening sessions, community
meetings, advisory committee meetings, work sessions, and the project web page.
On May 10, 2016, the City Council adopted a Resolution to initiate and refer to the Planning
Commission a Zoning Text Amendment to repeal and readopt the Zoning Ordinance.
Purpose of the Zoning Rewrite
It has been approximately 30 years since the City's Zoning Ordinance was the subject of a
comprehensive update. As such, the rewrite project sought to bring the ordinance up-to-date by
addressing the following objectives:
• provide a more predictable set of land use regulations for the community, developers, and
city officials by increasing reliance on objective standards rather than legislative special
approvals;
• improve the efficiency of the land development process by streamlining review, approval,
and permitting procedures for routine matters;
• integrate with and cross-reference other development -related ordinances and ensure
consistency with local, state, and federal law;
• address building form and site design issues, where appropriate;
• update the code's format and structure to be more user-friendly and intuitive, including the
use of illustrations to help communicate the intent of code provisions;
• eliminate outdated, unclear or contradictory language and the need for frequent
interpretations;
include mixed-use, commercial, industrial, and residential districts that will help
accommodate and promote high-quality infill and redevelopment; and
support sound and responsible economic development, multimodal transportation, and
sustainable development practices.
Process for the Zoning Rewrite
The rewrite project began with an evaluation of the issues encountered by users of the Zoning
Ordinance and an assessment of how the current ordinance advanced the City's plans and policies.
Based on that feedback, the project team prepared an extensive analysis report that provided the
framework for a new ordinance. Before beginning to re -draft the ordinance, the analysis report was
presented to the community for input. The re -drafting process started with the preparation of
sections of the ordinance which were reviewed by an advisory committee. After the committee's
review, the sections were compiled into a complete draft that was presented at community meetings
and work sessions. Below is a summary of the timeline of the project:
December 2013: The project team held listening sessions with members of City boards and
commissions, business community representatives, citizens, development industry
professionals, and City staff to learn about their experience in working with the Zoning
Ordinance.
March 2014: After examining the ordinance in greater detail and reviewing comments from
the listening sessions, a public workshop was held to present a zoning analysis report and
receive feedback from the community on the initial recommendations from the project
team.
March 2014 through March 2015: After receiving community input on the initial
recommendations in the analysis report, the project team began drafting section -by -section
updates to the ordinance. A Zoning Rewrite Advisory Committee, comprised of residents,
members of City boards and commissions, business representatives, and industry
professionals conducted a detailed section -by -section review of the ordinance.
May 2015: After completion of the section -by -section review of the ordinance by the
advisory committee, a complete draft of the ordinance was prepared (5/18/15) and a public
open house and presentation was held for community members to review the draft and
share comments with the project team.
August 2015: The draft ordinance was updated with comments received at the public open
house and the document was published for review (8/21/15).
October 2015: A community meeting was held to review the updated draft and to receive
input from members of the public.
September 2015 through February 2016: Work sessions with the City Council, Planning
Commission, and other boards and commissions were conducted to review the updated
draft and to receive input.
May 2016: The draft ordinance was updated with comments received during the work
sessions and published for upcoming public hearings (5/2/16).
Status of the Zoning Rewrite
On May 23, 2016, the Planning Commission held a public hearing on the Draft City of Fairfax Zoning
Ordinance. The Planning Commission also received a presentation on the list of edits in Attachment
A that summarize the changes in the Zoning Ordinance from the 8.21.15 draft to the 5.2.16 draft.
The Planning Commission received testimony from members of the public and continued the public
hearing to the June 13, 2016 meeting. On June 13, the Planning Commission recommended approval
of the draft Zoning Ordinance with amendments (as shown in Attachment B) to the City Council.
On July 5, 2016, the City Council held a work session on the draft zoning ordinance and received
recommended additional amendments from staff based upon continued review and public input (as
shown in Attachment C). At the work session, the City Council identified additional amendments to
the draft zoning ordinance (as shown in Attachment D).
Attachment A: Summary of Revisions in the 5.2.16 Draft City of Fairfax Zoning Ordinance
Attachment B: Amendments to the 5.2.16 Draft City of Fairfax Zoning Ordinance
Attachment C: Recommended Additional Amendments to the 5.2.16 Draft City of Fairfax Zoning
Ordinance
Attachment D: Work Session Amendments to the 5.2.16 Draft City of Fairfax Zoning Ordinance
ATTACHMENT A
Summary of Revisions in the 5.2.16 Draft City of Fairfax Zoning Ordinance
Following the publication of the 8.21.15 draft Zoning Ordinance, work sessions with the Planning Commission,
City Council, and other boards and commissions were held in September 2015 through February 2016 and a
community meeting was held in October 2015 to review significant items and receive feedback. In addition,
staff continued its review and editing of the document. Listed below is a summary of the various comments
followed by the revision (shown in italics) made to the 8.21.15 draft that was included in the 5.2.16 draft.
Article 1. Introductory Provisions
§1.1 Commentary (page 1-1): Commentaries that are included in the document do not have regulatory effect.
Would prefer that they be removed, changed into regulations, or turned into interpretations if necessary to
retain.
Commentaries were removed from throughout the draft ordinance, except for where they have been
otherwise integrated into the regulations, such as in §1.5.12.E.2.0 (page 1-8), §3.5.1.C.1 (page 3-14),
§3.5.1.D.1.0 (page 3-15), §3.8.2.E.1 (page 3-60), §4.3.3.8 (page 4-11), §6.16.5.8 (page 6-44) and §6.17.7.8
(page 6-47).
§1.4.2.0 Conflict with private agreements and covenants (page 1-3): The language seems to give a choice of
private covenants or city regulations, clarify that city requirements must be met.
The draft ordinance was revised to include the language: "City regulations must be complied with, regardless
of any easement, covenant, deed restriction or other agreement between private parties."
§1.5.1 General (page 1-3): Would like to see the provision that does not prevent purchase or condemnation
expanded from public utilities and rights-of-way to other types of public purposes, such as streams, public
facilities, etc.
The draft ordinance was revised as follows: "This prohibition, however, does not prevent the purchase or
condemnation of land for public utilities and facilities, eF right-of-way, stream protection, and other public
purposes."
§1.5.12.A.1 Measurement (page 1-7): Clarify how the "average finished grade" is calculated. Is it taken around
the perimeter of the site? Some sites have multiple building exposures on different street frontages that abut
directly to the property line and/or sidewalk.
Reference to the definition of average finished grade in Article 9, Definitions, was included.
§1.5.12.B Stories (page 1-7): Recommend including a definition of a 1/2 story. Some subdivisions have
covenants for 2 % story maximum. Even though the City doesn't enforce covenants, it would be helpful to have a
clear definition upon which neighborhoods could rely.
A definition of a half story was included in Article 9, Definitions, on page 9-8.
§1.5.13.F Permitted encroachments (page 1-11 to 1-12): If the interior side yard setback of 5 feet as proposed is
adjusted, broader encroachment provisions should be included, particularly as applicable to interior lots in the
ATTACHMENT A
R-3 (RH) zone. Older subdivisions have chimneys and stoops that extend closer than 12 feet and have done so
since being built and expansions for safety or convenience may be prohibited.
The permitted encroachments table was modified as follows:
• "Basement egress windows" were added as a permitted encroachment in all yards.
• "Driveways may encroach into required yards, provided that to the extent practicable, they extend
across rather than along the required yard(s)" were added as a permitted encroachment in side
(street), side (interior), and rear yards (previously included in front yard).
• "Mechanical equipment f resi4ent4G! use, such as HVAC units, provided it remains at least 2 feet
from the property line and as long as the equipment is in compliance with the noise requirements of
§4.14.4"
• "Patio, terrace, or deck, unroofed and completely unenclosed, with its floor no higher than that of
the ground floor entry of the principal dwelling other than multifamily may extend into any required
side or rear yard, but not nearer than 5 feet to any side or rear lot line" was added as a permitted
encroachment in side (interior) yards.
§1.5.13.F Permitted encroachments (page 1-12): Front yard encroachment allowed for wheelchair ramps
should also apply to side yards, as these ramps may access a doorway on the side of the house.
"Wheelchair ramps accessory to residential uses other than multifamily to facilitate wheelchair access for the
disabled, may extend a distance as needed into any required yard" were added as a permitted encroachment
in side (street), side (interior), and rear yards (previously included in front yard).
1.6.1 Completion of development (page 1-15): Clarify the manner in which an application submitted under the
current ordinance would be acted upon after it has been repealed and the new ordinance has been adopted.
Provide an alternative for applicants that would prefer to have their application considered under the new
ordinance.
The draft ordinance was revised to include the following language:
"Development review applications that were submitted in complete form and are pending approval on the
effective date of this chapter f??EFFECTIVE DATE??I shall be reviewed wholly under the terms of the zoning
ordinance in effect immediately before the effective date specified in §1.2. Building permits for construction
and development approved under such zoning approvals may be issued, subject to the terms of such
approval."
"A proposed development with an application that is complete and pending approval and has not been
scheduled for public hearing on the effective date of this chapter may be reviewed under the terms of this
chapter provided the applicant withdraws the pending application and submits a new application in
accordance with the provisions of this chapter."
§1.6.6 District conversion (page 1-15): Recommend not eliminating the existing RT -6 district by consolidating it
into the RT district.
The RT -6 district is proposed to be consolidated into the RT district. A separate ordinance has been initiated
to rezone RT -6 property to RT.
ATTACHMENT A
§1.6.6 District Conversion (page 1-15): Revise the names of the Planned Districts to the same order as the
acronym (for example, PD -R would be Planned Development Residential, instead of Residential Planned
Development).
The draft ordinance was revised to have the names of the Planned Districts match the acronyms.
Article 2. Zoning Map
§2.2.1.D General (page 2-1): Consider including a provision for when a stream may meander in the future as it
pertains to zoning district boundaries along the centerline of streams.
The draft ordinance was revised as follows: "Boundaries indicated as approximately following the centerlines
of streams, rivers, lakes or other bodies of water shall be construed to follow such centerlines. In the event
that a stream centerline changes or is changed in the future, the boundaries shall remain as indicated on the
zoning map."
Article 3. Zoning Districts and Regulations
§3.2 Districts Established / Purpose Statements (page 3-1): Add affordable housing requirements and goals for
the City.
No revisions have been made at this time to the draft ordinance in reference to this item. Provisions for
bonus density for affordable housing units may be added to the ordinance in the future when a supporting
program has been developed.
§3.2.1.A Residential districts (page 3-1): Rename residential districts to reflect the number of lots permitted
(density).
No revisions have been made at this time to the draft ordinance in reference to this item.
§3.3.1.13 Principal uses (page 3-5): A number of uses require special use permits even though they have specific
use standards. Consider reducing the number of uses that require special use permits. Concern about women's
health centers and the medical care facilities use type. Suggest clarification of use type and elimination of SUP
where medical offices are permitted by right.
The use types in draft ordinance were revised as follows:
• Townhouses was added as a special use in the CU district
• Adult day care was added as a permitted use in the CU district
• Day care centers was added as a permitted use in the CU district
• Government uses (other than those listed) was revised from a permitted use to a special use in the
RL through the CL districts
• Hospitals was added as a new use type and listed as a special use in the CO, CR, CG, IL, and IH
districts
• Medical care facilities was revised from a special use to a permitted use in the CG district and added
as a permitted use in the IL and 1H districts
ATTACHMENT A
• Nursery schools was revised from a special use to a permitted use in the CL through CU districts and
added as a permitted use is the CG district
• Parks and open space was added as a permitted use in the CU district
• Social service delivery was revised from a special use to a permitted use in the CG, IL, and 1H districts
• Utilities, minor was revised from a special use to a permitted use in the RMF district
• Amusement centers was added as a special use in the CU district
• Animal care facilities was added as a special use in the CO district and revised from a permitted use
to a special use in the CR district
• Art galleries or studios was revised from a permitted use to a special use in the RT and RMF districts,
added as a permitted use in the CL district, and revised from a special use to a permitted use in the
CU district
• Building supplies and lumber sales was added as a special use in the CU district
• Catering and delivery was added as a permitted use in the CR, CG, IL, and IH districts
• Furniture and appliance stores was added as a permitted use in the CU district
• Offices, general was revised from a special use to a permitted use in the 1L district and added as
permitted use in the IH district
• Offices, medical was revised from a special use to a permitted use in the IL district and added as a
permitted use in the IH district
• Parking, commercial was added as a special use in the CU district
• Retail, general was added as a permitted use in the IL and 1H districts
• Schools, technical, trade, business was added as a permitted use in the IH district
§3.3.1.6 Principal uses (page 3-5): Unclear about allocation of uses between Public and Civic Uses and
Commercial Uses. For example, some medical uses in Commercial group (Office, Medical) and some in Public
and Civic group (Medical care facilities).
The draft ordinance was revised to change the 'Public and Civic Uses" use group to "Public, Civic and
Institutional Uses" to better reflect the range of use types included in the use group. The Cemeteries use type
was moved from the Commercial use group to the Public, Civic and Institutional Uses use group.
§3.3.1.13 Principal uses (page 3-5): Clarification regarding the extent to which the Retail, large -format use applies
to various types of retail.
The draft ordinance was revised to change Large format retail and Shopping centers with 50,000 square feet
or more of floor area from use types to a site development standard that requires a special use permit (§4.9,
page 4-50). The draft ordinance also includes an updated definition of Retail, Large Format in Article 9,
Definitions: "A building that either occupies 50,000 square feet on one or on more en GR than one level
dedicated to one or more principal retail commercial land use(s), including, but not limited to grocery stores
and shopping centers."
§3.5.1.C.1 Townhouses (page 3-14): Concern about access issues with requirement that the first floor is located
a minimum of 18 inches above the finished grade.
No revisions have been made at this time to the draft ordinance in reference to this item.
§3.5.1.C.3 Townhouses (page 3-14): Issues of materials should be handled through the design review process,
not through zoning.
ATTACHMENT A
The draft zoning ordinance was revised as follows: "rhe +, Fie rf c-ra„s 444 *^.•,^"^.,re . ^41; I;big II ti„
§3.5.1.D.3.13 Upper story residential/mixed use (page 3-16): The maximum floor -to -floor story height for the
upper stories could be eliminated.
This provision was removed from the draft ordinance.
§3.5.2.0 Group homes/senior (page 3-16): Group home only for seniors over the age of 61. This may create a
problem as there isn't a category for students or other people 18-61.
The draft ordinance was revised to delete provisions related to Group homes/senior. Group homes/statutory
§3.5.3.H Tobacco and smoke shops (page 3-29): Consider adding additional use standards related to ventilation
and that smoking may only be permitted indoors. Ensure that e -cigarettes and hookah are clearly included in
the definition.
The draft ordinance was revised to include the following standards for Tobacco and Smoke Shops:
"Ventilation shall be properly maintained."
"All on-site smoking shall be indoor."
The draft ordinance also includes an updated definition of Tobacco and Smoke Shops in Article 9, Definitions:
A store that sells tobacco and smoking-related products, including but not limited to e -cigarettes and
hookah."
§3.5.5 Accessory use standards (page 3-31): Clarify if religious institutions that operate in schools during the
weekends would be able to operate.
No revisions have been made at this time to the draft ordinance in reference to this item. Religious
institutions would be able to continue to operate in schools on the weekends.
0.5.5.6.1.13 Prohibited accessory structures (page 3-32): Include provisions that clarify the types of accessory
structures prohibited in the City.
The draft zoning ordinance was revised to include the following: "The following accessory structures are not
permitted: quonset huts, steel arch buildings, inflatable garages, portable or temporary garages, portable or
temporary carports, portable containers, and converted shipping or semi -tractor containers, except as may
be authorized in conjunction with a permitted temporary use in accordance §3.5.6."
§3.5.5.0 Accessory use table (page 3-33): Electric vehicle charging station is not shown as permitted in several R
districts. Suggest adding a statement to differentiate between residential use of electric vehicle charging and
public use at a commercial location.
ATTACHMENT A
The draft ordinance was revised to include Electric vehicle charging station as a permitted use in the RL
through RT districts.
§3.5.5.0 Accessory use table (page 3-33): RT district does not include Keeping of dogs as a permitted use.
Clarify that property owner could keep a dog in a townhouse and have a doghouse in the yard.
The draft ordinance was revised to include Keeping of dogs as a permitted use in the RT and RMF districts.
§3.5.5.D.1 Accessory dwelling units (page 3-33): Consider permitting accessory units in structures separate
from principal structure, especially on larger lots. Support for accessory dwelling units by -right as proposed.
§3.5.5.D.1 Accessory dwelling units (page 3-33): Concern that an accessory unit is similar to a duplex. Support
for retaining accessory dwelling units as special use.
The draft ordinance was revised to change Accessory dwelling units from a permitted use to a special use in
the RL, RM, and RH districts.
The draft ordinance was revised to include the following standards for Accessory dwelling units:
"No more than one ADU shall be allowed per single-family dwelling unit.
ADUs shall be located within the structure of a single-family dwelling unit, and any added external entrances
for the ADU shall be located on the side or rear of the structure.
The gross floor area of an ADU shall not exceed 35 percent of the total gross floor area of the principal
dwelling.
No ADU shall contain not more than two bedrooms.
Occupancy of an ADU and the principal dwelling shall be as follows:
One of the dwellings (principal or ADU) shall be owner -occupied;
At least one of the dwelling units shall be occupied by:
Any person 55 Years of age or over; and/or
Any person with a handicap as defined in the 1988 amendments to the federal Fair Housing Act
to include a person with a physical or mental impairment which substantially limits one or more
major life activities; a record of such an impairment, or being regarded as having such an
impairment.
The combined occupancy of the single-family dwelling unit and the ADU shall consist of one
family only, which is defined as one person or a group of persons related by blood or marriage
plus not exceeding three additional unrelated persons.
Any ADU established for occupancy by a disabled person shall provide for reasonable access and mobility as
required for the disabled person. The measures for reasonable access and mobility shall be specified in the
application for a special use permit. Generally, reasonable access and mobility for phvsically handicapped
ersons shall include:
Uninterrupted access to one entrance; and
Accessibility and usability of one toilet room.
M
ATTACHMENT A
Existing and/or proposed parking shall be sufficient to meet the needs of the principal dwelling and the ADU.
If it is determined that such parking is insufficient, the provision of additional off-street parking spaces may
be required. Such parking shall be in addition to the requirements required by the zoning ordinance for a
single-family dwelling unit.
The proposed ADU, together with any other ADUs within the area, shall not constitute sufficient change to
modify or disrupt the predominant character of the neighborhood. In no instance shall the approval of a
special use permit for an ADU be deemed a subdivision of the principal dwelling unit.
Any ADU shall meet the applicable regulations for zoning, building, safety, health, and sanitation.
The owner shall make provisions to allow inspections of the property by city personnel during reasonable
hours upon prior notice. An initial inspection of a new ADU will be conducted by a zoning administrator, in
addition to any renewal of the ADU use or transfer of ownership of the subject property.
The zoning administrator may inspect the property if there is a complaint registered with the city or if the
official has other reason to believe that the owner or occupants of the property are in violation of the ADU
approval.
Upon transfer of ownership of the subject property, the new owner shall be required to certify in writing to
the zoning office that either:
Continued use of the ADU will comply with the conditions of the previous city council approval for the
ADU use; or
Use of the ADU will not be continued, and the use of the space as a separate dwelling unit will cease in
accordance with §3.5.5.D.1(m), below.
If there is a change in occupancy of the ADU that does not comply with the conditions under which the city
council approves the ADU use, the use of the space as a separate dwelling unit shall cease, the physical
arrangement of the space that created an independent housekeeping unit shall be integrated into the
primary dwelling unit, and the space shall not be independently leased as a separate dwelling unit."
§3.5.5.D.7 Day camps (page 3-37): Include personal services and community services as use types to which day
camps could be accessory. Reference the standards for the principal use to which the day camp is accessory.
The draft ordinance was revised to include personal service and community service as use types that day
camps can be accessory to and accessory standards were deleted.
§3.5.5.D.8 Day care homes, family (up to 12) (page 3-37): Clarify role of HOA concurrence for approval of family
day care homes. Unclear about City enforcing private HOA covenants or agreements.
No revisions have been made at this time to the draft ordinance in reference to this item. The relationship of
zoning regulations and private covenants is provided for in 51.4.2.0 (page 1-3).
§3.5.5.D.9 Catering or delivery services (page 3-37): Include standards for Catering or delivery services.
Particularly in a shopping center, delivery can have an impact on other nearby uses. Suggest adding standards
for administrative approval similar to what has been included as conditions in special use approvals.
The draft ordinance was revised to include the following standards for Catering or delivery services:
7
ATTACHMENT A
"Hours of delivery service shall be limited to between lam and 12am, Sunday through Thursday, • and lam
through lam, Friday and Saturday,
Maximum number of delivery vehicles in service during any shift shall be four,
Delivery vehicles shall only be parked in parking spaces, and not in drive aisles and fire lanes; and
For purposes of this section and where the delivery operation has vehicular access to multiple streets all
deliveries shall be made using the primary street access, rather than neighborhood side streets."
§3.5.5.D.12 Home occupations (page 3-39): Clarify if requirement that no more than 20% of first floor for home
occupation means that the occupation must occur on the first floor. Some use basements for their home
occupation.
The draft ordinance was revised as follows: "Any part of a dwelling may be utilized for a home occupation,
provided that the total floor area utilized in the conduct of a home occupation shall not exceed
20 percent of the first floor area of the dwelling ; accessory
structures shall not be used for home occupation purposes"
§3.5.5.D.14 Keeping of chickens and other fowl (page 3-41): Concern about impacts, cleanliness, inclusion of
"other fowl," attraction of predators (coyotes, foxes) into neighborhoods, feed attracting rodents, and
inspection/enforcement. Consider eliminating the provisions for chickens/other fowl altogether or limit to
certain zoning districts.
§3.5.5.D.14 Keeping of chickens and other fowl (page 3-41): Support for keeping chickens in residential areas
but questions whether provision to prevent enclosure within 25 feet of property owners dwelling is necessary.
Would challenge someone to find the existing chickens that are in the City currently. Support for 6 chickens
instead of 4.
The draft ordinance was revised to permit Keeping of chickens in the RL district and on other single-family
residential lots with a minimum of 20,000 square feet only. The RM district was removed. The draft
ordinance was further revised to remove "other fowl." The requirement that the enclosures be located 25
feet from on-site structures was removed.
§3.5.5.D.15 Keeping of dogs (page 3-42): Concern about the number of pigs permitted, size of the pigs,
including pigs within the same provision as dogs, smells, and permitting/enforcement. Consider a separate
regulation from dogs, limiting the zoning districts, and/or limiting to one pig per property.
The draft ordinance was revised to remove miniature pigs.
§3.5.5.D.19 Religious institutions accessory uses (page 3-43): Clarification requested regarding the provision
that an SUP is required for religious institutions but not for all accessory uses in religious institutions (shown as
permitted in commercial districts). It would seem that an SUP would need to be updated if aspects of the use
are changed. Also request to clarify if hypothermia shelters and meals programs would be included as
temporary accessory uses with standards.
0
ATTACHMENT A
The draft ordinance was revised to ensure that Religious institutions in the principal use table and the
accessory table are the same. The draft ordinance was revised as follows for the Religious institutions
accessory use standards:
"Day care centers, nursery schools, and schools, elementary, middle, high shall be allowed as accessory uses
to religious institutions subject to the applicable provisions of §3.5.2.8, §3.5.2.F, §3.5.2.H, respectively."
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,
7
§3.5.6.D Pick-up and drop-off containers and facilities (page 3-45): Consider including additional standards to
limit number and location on property.
The draft ordinance was revised to include the following standards:
"1. Applicability
Temporary use permits for pick-up and drop-off containers and facilities may be approved for up to three
years, and the permit may be renewed, in the following locations and circumstances:
(a) In CL, CO, CR, CU, and CG districts on lots containing not less than 40,000 square feet,
(b) In commercial areas of planned districts, when ancillary to the principal use, and only when shown on an
approved master development plan;
(c) In residential districts where the principal use of the development is not residential, and only when such
containers and facilities are shown on an approved site plan; and
(d) When such container and facilities is specifically identified on approved master development plans.
2. Maximum size and number
0
ATTACHMENT A
A maximum of two donation drop-off boxes shall be permitted on any one lot and shall be located within a
contiguous area of not more than 120 square feet, with no individual drop-off box exceeding the dimensions
of seven feet in height, six feet in width or six feet in length.
3. Location
(a) Pick-up and drop-off containers and facilities shall be permitted in any yard except the minimum required
front or side (street) yard.
(b) Such containers and facilities shall not be located in any required recreation and open space transitional
yard, required landscaped area, on any private street, sidewalk or trail, in any required parking space or in
any location that blocks or interferes with vehicular and/or pedestrian circulation. Donation drop-off boxes
shall be located in accordance with all applicable building and fire code regulations for the purpose of
ensuring safe ingress and egress, access to utility shut-off valves, and for fire protection. Such containers
shall also be subiect to the visual clearance provisions of §4.3.4.
4. Design, management and maintenance
(a) Donation drop-off boxes shall be weather-proof, constructed of painted metal, plastic or other similarly
noncombustible material, properly maintained in good repair and in a manner that complies with all
applicable building code and fire code regulations, and secured from unauthorized access.
(b) All donated items shall be collected and stored in the donation drop-off box which shall be emptied as
needed or within 48 hours of a request by the property owner or authorized agent.
(c) Items and materials including trash shall not be located outside or in proximity to a donation drop-off box
for more than 24 hours and shall be removed by the property owner, operator of the donation drop-off box
or their authorized agent.
S. Screening
Pick-up and drop-off containers and facilities shall be screened in accordance with the requirements of
4.5.8. E.
6. Signage and information
Donation drop-off boxes shall display the following information in a permanent and legible format that is
clearly visible from the front of the container:
(a) Specific items and materials requested,
(b) Name of the operator or owner of the container;
(c) Entity responsible for the maintenance of the container and the removal of donated items, including any
abandoned materials and trash located outside the donation drop-off box,
(d) Phone number where the owner, operator or agent of the owner or operator may be reached at any time
and
(e) Notice stating that no items or materials shall be left outside of the donation drop-off box and the
statement, 'Not for refuse disposal. Liquids are prohibited."'
§3.5.6.G Retail sales events, outdoor (page 3-46): Consider a temporary use for outdoor retail sales that isn't a
special event or seasonal that would provide for review of such an event.
The draft zoning ordinance was revised to include: "Outdoor retail sales events may be permitted only in
conjunction with an established business and on the same lot as said business."
§3.5.6.1 Residence, temporary (page 3-46): Consider longer approval timeframe for temporary residences in
cases of significant calamity or natural disaster.
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ATTACHMENT A
The draft ordinance was revised as follows: "No recreational vehicle, trailer, tent, garage, barn or other
similar vehicle or building erected on any lot shall be used as a residence for more than 10 days within a six
month period,provided that the City Council may approve longer time frames in cases of significant calamity
or natural disaster."
§3.5.6.1 Special events, temporary (page 3-47): Religious institutions hold special events in residential districts
and may be located closer than 300 feet to a residential use.
The draft ordinance was revised as follows: "No such activity shall be located closer than 300 feet to a
residential use, without the approval of city council. This provision shall not apply to eity GRai^. ed
¢spenser public, civic and institutional use -sponsored events, and indoor events."
§3.5.6.K Seasonal sales, temporary (page 3-47): Schools and religious institutions have seasonal sales in
residential districts.
The draft ordinance was revised as follows: "Seasonal sales, such as Christmas tree, fireworks and pumpkin
sales lots, may be allowed in nonresidential districts and on the sites occupied by schools and/or religious
institutions for up to 30 consecutive days."
§3.6.1 Residential districts (page 3-48): Both support and concern expressed about reduction of side (interior)
yard setbacks to 5 feet.
The draft ordinance was revised for the RM and RH districts. The side yard (interior) in both districts was
changed from 5 feet to 8 feet. The provision that limits the maximum height to 15 feet in the RM and RH
districts within 12 feet of a side (interior) lot line was retained in §1.5.12.A.2.A.
§3.6.1 Residential districts (page 3-48): Support for reductions in setbacks for the RL district to allow garages,
additions, etc.
The draft ordinance was revised to reduce the front yard in the RL district from 50 feet to 40 feet.
§3.6.1 Residential districts (page 3-48): Evaluate the feasibility of the lot area, setbacks, building coverage, and
impervious coverage requirements for development, particularly the RT and RMF.
The draft ordinance was revised to adjust the building coverage and lot coverage in the RT and the RMF
districts. Building coverage in the RT was changed from 35% to 60% and the impervious coverage from 50%
to 80%. Building coverage in the RMF was changed from 40% to 60% and the impervious coverage from 60%
to 80%. The building coverage in the RH was changed from 30% to 35%.
§3.6.1 Nonresidential districts (page 3-49): Evaluate the feasibility of the lot area, setbacks, building coverage,
and lot coverage requirements for development, particularly the CL.
The draft ordinance was revised as follows:
The build -to line in the CU district was amended to a mandatory 50% across the property. The
previous draft included a provision that the build -to line was mandatory for 90% of the fagade
within 30 feet of a block corner
Building coverage and lot coverage in the CO district was increased to 50% and 85% from 25%
and 50% respectively
11
ATTACHMENT A
• Building coverage in the CR district was increased from 25% to 60%
• Lot coverage in the CU district was increased from 90% to 100%
• Lot coverage in the CG district was increased from 85% to 90%
• Lot coverage in the IL district was increased from 85% to 90%
§3.7.2.13 Old Town Fairfax Historic Overlay District and Old Town Fairfax Transition Overlay District (page 3-
50): An urban form of development is generally desired in the Old Town Area, but much of the zoning
underneath the historic and transition district overlays is CR, which has a more suburban form. The building
coverage and impervious coverage requirements in the CR would not allow for a parking structure integrated
with the building without exceeding the coverage percentages.
The draft zoning ordinance was revised to include building and lot coverage requirements for the Old Town
Fairfax Historic Overlay District and the Old Town Fairfax Transition Overlay District. The Old Town Fairfax
Historic Overlay District building coverage is proposed at 90% and the lot coverage at 100% (§3.7.2.B.4.E,
page 3-51). The Old Town Fairfax Transition Overlay District building coverage is proposed at 80% and the
lot coverage at 90% (§3.7.3.C.4 and 5, page 3-57). The build -to lines in the Old Town Fairfax Historic Overlay
District and the Old Town Fairfax Transition Overlay District were amended to a mandatory 50% across the
property. The previous draft included a provision that the build -to lines were mandatory for 100% of the
fagade within 30 feet of a block corner in both districts.
§3.7.2.B.8.G Allowed sign types and regulations (page 3-53): Allow for a sign type that would address unique
situations in which the standard sign regulations would not provide for adequate visibility of a sign on a
property.
The draft zoning ordinance was revised to include a "hardship sign." This sign is included in the Old Town
Fairfax Historic Overlay District, as well as in the Old Town Fairfax Transition Overlay District (§3.7.3.F.2,
page 3-58) and the special sign regulations (§4.6.11.F, page 4-39).
§3.7.2.E John C. Wood House Historic Overlay District (page 3-56): Question posed regarding whether it would
be possible to remove the historic overlay as part of the zoning rewrite.
No revisions have been made at this time to the draft ordinance in reference to this item.
§3.7.3.C.2 Height, maximum (page 3-56): Suggested further consideration of maximum heights in the transition
overlay district.
No revisions have been made at this time to the draft ordinance in reference to this item.
§3.7.3.E Off-street parking (page 3-57): Include a parking minimum for residential uses in the Old Town Fairfax
Transition Overlay District.
The draft zoning ordinance was revised as follows: "The parking ratio requirements of §4.2.3. E shall be
reduced by 50 percent for all uses, provided that each dwelling unit shall have no less than 1.25 spaces,
unless otherwise specified in §4.2.3. E.
§3.8.2.1 Development schedule (page 3-61): Include a provision that requires nonresidential floor area to be
constructed in a phased development before all of the residential floor area is occupied.
IVA
ATTACH M ENT A
The draft zoning ordinance was revised to include the following: "No zoning permit to authorize the
occupancy of more than 66 percent of the approved residential floor area as part of PD -C or PD -M district
development shall be issued prior to the issuance of a zoning permit to authorize the occupancy of 100
Percent of the approved nonresidential floor area, unless specifically modified by the city council as part of
planned development approval."
Article 4. Site Development Standards
§4.2.3.8.2 Maximum requirements (page 4-2): Ensure that the maximum parking requirements do not make an
existing property nonconforming if the use changes.
The draft zoning ordinance was revised to include the following: "These maximum parking requirements
shall not apply to change of use situations where parking requirements are reduced. In the event of a
decrease in intensity, parking does not have to be reduced. A use, lot or site will not be considered
nonconforming solely because it has more parking that it is required or allowed."
§4.2.3.D Exceptions (page 4-3): Reduce the proposed parking reduction for the CU district where structured
parking is provided.
The draft zoning ordinance was revised as follows: "Within the CU, Commercial Urban District, where
structured parking is provided: 3810 percent."
§4.2.3.E Parking ratio requirements (page 4-3): General concern about proposed reductions in parking
requirements, particularly shopping centers, retail, office, and restaurants. Suggestion to consider excluding
restaurants from a standard shopping center parking ratio. Suggestion to ensure that the parking ratio for adult
day care is inclusive of volunteers that may serve a facility.
The parking ratios in the draft ordinance were revised as follows:
• Office, general was increased from one space per 400 to one space per 300 square feet of floor
area
• Shopping centers was increased from one space per 250 to one space per 200 square feet of floor
area
• Warehouse/freight movement was reduced from one space per 500 to one space per 1000
square feet of floor area
§4.2.4.A.2 General (page 4-5): Clarify the intent of off-site parking distance provision between walking distance
and straight line measurement.
The draft zoning ordinance was revised as follows: "Any off-site parking space must be located
within reasonable walking distance. For the sake of this provision, reasonable walkina distance shall be
within 300 feet WGA! i�,,,g-i V4G of the shared parking lot, measured in a straight line between the entrance
of the use to be served and the outer perimeter of the furthest parking space within the shared parking lot.
(See also §4.2.5)."
§4.2.8 Bicycle parking (page 4-9): Clarify if bicycle parking is required for residential and non-residential
development as both will have vehicle parking ratio requirements.
13
ATTACHMENT A
The draft zoning ordinance was revised as follows: "§A. 2. Q *^"k6es .-,,qui,-^me^+s { - bie y,.k- Bic cle
parking and storage facilities shall be required for all multifamily and nonresidential uses in accordance with
the requirements of this section. These requirements apply regardless of any motor vehicle parking
exemptions or reductions."
§4.2.9.13 Required loading spaces (page 4-10): Loading can be a problem for smaller shopping centers, clarify if
there is a separate loading requirement for shopping centers.
The draft zoning ordinance was revised to provide standard requirements for loading spaces for all
nonresidential uses according to square feet of floor area and for multifamily and upper story
residential/mixed use buildings.
§4.2.10.A Alternative compliance (page 4-10): Consider a cap on the reduction in parking that may be
authorized administratively through alternative compliance, such as 20% to align with the administrative
adjustment provision.
The draft zoning ordinance was revised as follows: "Alternative parking ratios up to 20 percent less than
required and may be approved where an applicant submits a parking or loading study, prepared and sealed
by a registered professional engineer in the Commonwealth of Virginia. Such study must illustrate that the
required parking ratios of §4.2.3.A or loading requirements of §4.2.9.8 do not accurately apply to a specific
development proposal."
§4.3.1 Access required (page 4-11): Allow the subdivision ordinance to handle when public improvements are
required for single family development on existing lots.
The draft zoning ordinance was revised as follows: "All street frontages adjacent to building sites shall be
improved in accordance with the standards in the public facilities manual to city standards
provided that residential lots lawfully existing as of the effective date of this chapter may be developed
without providing frontage improvements."
§4.5.6.A Tree canopy (page 4-19): Revise to not permit shade structures to count toward tree canopy
requirement.
The draft zoning ordinance was revised to remove shade structures as an option to satisfy tree canopy
requirements.
§4.5.7.B Low impact development (page 4-20): Suggestion to require low impact development (LID) design for
median islands instead of an option.
No revisions have been made at this time to the draft ordinance in reference to this item.
§4.5.8.D.2 Outdoor storage of materials, supplies, vehicles and equipment (page 4-23): Include provision that
limits the amount of outdoor storage in residential districts. The provisions in the property maintenance code
are not adequate to limit outdoor storage that isn't trash/debris.
The draft zoning ordinance was revised to include the following: "On residential district lots, such storage
shall be located on the rear half of the lot, screened from the view from the first story of any neighboring
dwelling, and the total area for such outdoor storage shall not occupy more than 100 square feet provided
14
ATTACHMENT A
that storage of materials and equipment related to a construction proiect for which a valid permit is in effect
shall be allowed where the storage is maintained in an orderly condition and does not constitute a hazard."
§4.5.8.E Pick-up and drop-off containers and facilities (page 4-23): Include screening requirements for
temporary pick-up and drop-off containers and facilities.
The draft zoning ordinance was revised to include the following: "Pick-up and drop-off containers and
facilities shall be screened from the first story window(s) of any neighboring dwellings by a solid fence, solid
wall, dense hedge, or combination of such features. The hedge, fence or wall must be tall enough to screen
the equipment."
§4.5.9.13 Plant types (page 4-24): Provide description of the reference plantings.
The draft zoning ordinance was revised to include descriptions of canopy trees, understory trees, and shrubs.
§4.6 Signs (page 4-26): Review the draft ordinance with respect to the local government attorney's model
ordinance.
The draft zoning ordinance was reviewed in accordance with the local government attorney's model and in
light of the Reed v. Town of Gilbert Supreme Court case. Additional and revised language was included, in
particular in the purpose statements (§4.6.1.A -G, page 4-26), the design, construction and maintenance
section (§4.6.5.D, page 4-32) and the sign condition, safety hazard and nuisance abatement section
(§4.6.5.E, page 4-33).
§4.6.3.B Signs allowed without a permit (page 4-28): Clarify the requirements for address signs.
The draft zoning ordinance was revised to include the following: "Street address signs, a maximum of one
such sign without commercial information or logo per street address, notwithstanding other provisions to the
contrary, such signs need not comply with setback requirements; and provided further that in residential
districts, such signs shall be maximum of two square feet in area;"
§4.6.4.A.6 General (page 4-28): Suggestion to consider provisions within the confines of the law that prohibit
signs from containing graphic or inappropriate messages.
The draft zoning ordinance was revised to include the following in the prohibited sign type section: "Signs
which display 'obscene, indecent, or immoral matter"'.
§4.6.4.B.3 Pole (or pylon) signs (page 4-29): Should exempt temporary signs from the prohibition on pole or
pylon signs as those often fit the definition of a pole or pylon sign.
The draft zoning ordinance was revised as follows: "A sign erected on a vertical framework of one or more
uprights, supported by the ground, • provided, otherwise allowed temporary signs may be pole signs."
§4.6.4.8.4 Portable signs (page 4-29): Portable signs are a prohibited sign type, but sandwich board signs are
permitted. Suggest that clarification be provided to ensure that prohibition isn't confused with allowance for
sandwich boards.
15
ATTACHMENT A
No revisions were made to the draft ordinance as a reference to an exception for temporary signs was
already included.
§4.6.4.8.6 Signs on vehicles or trailers (page 4-29): Add a prohibition for signs on vehicles that are used for
advertising.
The draft zoning ordinance was revised to include the following prohibited sign: "Signs painted or displayed
on vehicles or trailers conspicuously parked in places visible from public rights-of-way and used primarily for
the purpose of advertising. This prohibition does not apply to signs painted or displayed on commercial
vehicles which are incidental to the primary use of the vehicle as a delivery, service, or transportation
vehicle."
§4.6.5.A Computation of sign area (page 4-30): Encourage the measurement of signs around the lettering, not
space in between.
No revisions have been made at this time to the draft ordinance in reference to this item.
§4.6.5.0 Illumination (page 4-32): Provide additional clarification on exposed bulbs and illuminated tubing for
sign illumination.
The draft zoning ordinance was revised as follows: "Except as specified for seasonal displays (§4.6.3.F) and
"open"signs 04.6.3.C), all external and internal lighting, including illuminated tubing exposed bulbs strings
of lights and other lights sources, shall be directed toward a sign face and shielded from direct view. €4prQg
§4.6.9.B Area (page 4-35): Predict that the City will have many properties that are allowed the maximum sign
area for monument signs, based upon the ratio of allowable area to street frontage.
No revisions have been made at this time to the draft ordinance in reference to this item.
§4.6.9.0 Height (page 4-35): Concern about increased height of monument signs.
No revisions have been made at this time to the draft ordinance in reference to this item.
§4.6.12 Temporary signs (page 4-42): Consider requiring the location of temporary signs to be 10 feet from the
property line to be consistent with the setback for monument signs and a maximum height of 5 feet.
The draft zoning ordinance was revised to require 10 feet from property lines and a maximum height of 5
feet for temporary signs.
§4.6.12.E Sandwich board signs (page 4-43): Concern expressed about possible proliferation in shopping
centers. Suggested additional standards be included for location to ensure access around sign and for design.
No revisions have been made at this time to the draft ordinance in reference to this item.
§4.7.2 Nonresidential districts (page 4-44): Add provisions for fences and walls in nonresidential districts.
16
ATTACHMENT A
The draft zoning ordinance was revised to include provisions for the industrial districts and other
nonresidential districts.
§4.8.2.6 Prohibited lighting (page 4-48): Ensure that equivalent Compact Fluorescent (CFL) lighting isn't
precluded in the ordinance.
The draft zoning ordinance was revised as follows: "These provisions shall not be interpreted to prohibit
equivalent Compact Fluorescent (CFL) lighting."
§4.9.2 Outdoor display (page 4-51): Evaluate whether items such as mattresses would be permitted outdoor
display.
No revisions have been made at this time to the draft ordinance in reference to this item. Outdoor retail
sales was included as a temporary use in §3.5.6.G (page 3-46).
§4.11.0 Underground Utilities (page 4-52): Evaluate whether there are options in lieu of special exceptions for
utility undergrounding or for the timing to consider the extent of undergrounding.
The draft zoning ordinance was revised as follows: "T^"^"^-^-), ^ ^F"^^d - n:t: r^l f - „ *.,, -ge
eesg. Special exceptions to the above requirement shall only be granted by the city council pursuant to the
procedures and limitations ^6*^"96hed f^r ^^G'^' .46 mig et f rt :^ of §6.17."
§4.13.1.A Common Interest Community Associations (page 4-52): Regulations seem to be written toward
residential, but commercial condominiums also exist in the City.
The draft zoning ordinance was revised as follows: "If any common interest community association,
including condominium unit owners' association, residential or nonresidential property owners' association,
real estate cooperative association, or similar legal entity (owners' association) is to be responsible for the
maintenance and control of any recreation and open area, private streets, storm water facilities, or other
facilities (common area and facilities) associated with a development, it must be established so that it has
clear legal responsibility and authority to maintain and exercise control over the common area and facilities,
including the obligation to maintain such common area and facilities and the power to compel contributions
from property owners to cover their proportionate share of the costs associated with the maintenance of the
common area and facilities."
§4.14.4.D.2 Exemptions (page 4-55): Include a noise exemption for emergency generators.
The draft zoning ordinance was revised to include: "Emergency generators for periods of power outage;"
Article 5. Decision -Making Bodies and Officials
§5.2.3.8.2 Powers and duties (page 5-2): Make clear that Planning Commission is authorized to comment on all
aspects of an application before it (not just the rezoning or the planned development review), including special
17
ATTACHMENT A
uses or special exceptions, for example, even though the Commission may not be expressly recommending
action on those aspects (but those aspects do relate to the rezoning or the planned development).
The draft zoning ordinance was revised to include the following: "In making a recommendation on any
application, the planning commission shall be authorized to comment on any aspect of the application."
Article 6. Development Review
§6.2 Common Review Procedures (page 6-1): Evaluate all of the review timelines to ensure they set reasonable
expectations and are manageable by staff.
The draft zoning ordinance was revised as follows in §6.2.4.1: "
§6.2.4.B.2 Timely staff reports and final actions (page 6-4): Ensure that the provisions for zoning administrator
determination meet state code.
The draft zoning ordinance was revised as follows: "Where final actions is ace the responsibility of the zoning
administrator, such final decisions or determination shall be made within -39 90 days of
^.,W~^^^ . •ith r-f;dp 4WFgin:~ ~ ^*,. such request unless the applicant has agreed to a longer
ep riod "
§6.2.5 Notice and public hearings (page 6-5): Consider including provisions for electronic posting and notice.
No revisions have been made at this time to the draft ordinance in reference to this item.
§6.2.5.13.2.13 Administrative adjustments (page 6-7): Include notification provisions for administrative
adjustments.
The draft zoning ordinance was revised to include the following: "Prior to the granting of an administrative
adjustment, the zoning administrator shall give, or require the applicant to give, all adjoining property
owners written notice of the request for adjustment, and an opportunity to respond to the request within 21
days of the date of the notice. The zoning administrator shall make a decision on the application for
adiustment and issue a written decision with a copy provided to the applicant and any adioining landowner
who responded in writing to the notice sent pursuant to this subsection."
§6.2.5.B.3.D Verification (page 6-7): Suggest that it be included in ordinance if the City or the applicant is going
to verify the posting has occurred with photographic evidence or otherwise.
The draft zoning ordinance was revised to include the following: "The applicant shall provide photographic
or otherwise acceptable evidence to verify that the required posting occurred."
§6.2.5.B.7 Constructive notice (page 6-9): Include provision that acknowledges that public hearing is not flawed
through constructive notice.
18
ATTACHMENT A
No revisions have been made at this time to the draft ordinance in reference to this item.
§6.3.8 Approval considerations (page 6-10): Clarify if the approval considerations listed are exclusive or if other
items be considered.
The draft zoning ordinance was revised as follows: "In determining whether to approve, approve with
modifications or conditions, or disapprove a proposed text amendment, the planning commission and the
city council shall consider the following, at a minimum:"
§6.4.10.E.6 Procedure (page 6-14): Update the procedures for the acceptance of proffers.
The draft zoning ordinance was revised as follows: "If the applicant submits additional proffers as provided
for in §6.4.10.E.7 less than 17 calendar days prior to the first public hearing before the city council on the
subject application, any scheduled public hearing before the citv council shall be tabled or deferred and the
costs of any additional advertising and expenses of remailing additional notice shall be borne by the
applicant.
§6.5.8.2 Fair market value (page 6-21): Simplify the establishment of fair market value as it pertains to approval
of demolition in a historic district.
The draft zoning ordinance was revised to include a provision that requires three separate independent
appraisals that are satisfactory to the city assessor.
§6.8.2 Exemptions (page 6-27): Retain the provisions that exempt single-family detached and minor land
disturbance from site plan requirements.
The draft zoning ordinance was revised as follows: "4e n s fir -wetien 6�s ingle family detached eF d 6W ke
dwellings and related accessory structures in the RL, RM and RH districts '-
Common
Common amenity facilities f^. ^., eek cciubha sper-9 c-eur- ��, recreation and open space in approved
subdivisions that have less than 2,500 square feet of associated land disturbance;"
§6.10.1.6 Applicability (page 6-32): Include a provision that allows for tree removal without a permit for trees
determined to be a public health and safety menace.
The draft zoning ordinance was revised to include the following: "Tree removal permits shall not be required
if the tree has been determined a public health and safety menace by the zoning administrator."
§6.11.1.6 Applicability (page 6-33): Suggest using the term "construct" in addition to, or as a replacement for,
"use" as it relates to the requirement for a floodplain permit.
The draft zoning ordinance was revised as follows: "No person shall develop or use any land within a
floodplain or engage in development within a floodplain without first having secured a floodplain permit
from the zoning administrator."
W
ATTACH M ENT A
§6.16.1.8 Applicability (page 6-44): Consider revising the % reduction authorized through an administrative
adjustment or making the provision applicable to only certain requirements.
No revisions have been made at this time to the draft ordinance in reference to this item.
§6.17.1.6.2 Applicability (page 6-46): The Virginia General Assembly has passed a bill in the 2016 session that
precludes localities from requiring the consent of a common interest community association prior to the
issuance of any permit, certificate, or license.
The draft zoning ordinance was revised as follows: "The dimensional standards (for residential and
nonresidential uses) of 0 and those applicable to the overlay districts (§3.7); ,
and"
§6.17.1.0 and D Applicability (page 6-46): The Board of Zoning Appeals currently may act on multiple special
exceptions for a single family detached property. Responsibility for two or more special exceptions is proposed
to be the responsibility of the City Council, but retain special exceptions for single family detached with the BZA.
The draft zoning ordinance was revised as follows: "Alternatively, and in conjunction with other development
reviews or where two or more special exceptions are proposed as part of the some application on all district
properties, except in the RL, RM and RH districts, the city council may serve as the board of zoning appeals
and approve special exceptions."
"The board of zoning appeal shall have authority to approve all special exceptions in the RL, RM and RH
districts."
Article 7. Nonconformities
§7.3.3.8 Nonresidential districts (page 7-3): Clarify that granting an alteration to nonconforming structure in a
nonresidential district could not increase the extent of the nonconformity.
The draft zoning ordinance was revised as follows: "Alterations of nonconforming structures in
nonresidential districts, including enlargements and expansions, are permitted provided the proposed
alteration or expansion does not increase the extent of nonconformity and # the proposed alteration or
expansion results in the enlargement or expansion of the nonconforming structure by no more than 25
percent or 5,000 square feet, whichever is less."
Article 8. Enforcement and Penalties
§8.3.6 Civil penalties (page 8-2): The language regarding civil penalties is confusing. Suggest revising.
The draft zoning ordinance was revised as follows: "Violation of the provisions of this chapter, whether by act
or omission, shall be punishable by a civil penalty of $200 per day and each day that a violation remains
20
ATTACHMENT A
uncorrected after receiving notice of the violation from the city shall constitute a separate offense of this
chapter. In addition, repeat violations, meaning violations of the same section that are repeated after
resolution of the initial violation, shall be subiect to the following penalties:"
§8.3.7 Criminal penalties (page 8-3): Clarify the language regarding what constitutes a separate offense in
criminal violations to ensure it meets the state code.
The draft zoning ordinance was revised as follows: "Any violation of the following provisions, or any provision
of proffers accepted pursuant thereto shall be deemed a misdemeanor and, upon conviction, shall be fined
not less than $10 nor more than $1,000 for each offense:.
"Failure to remove or abate a zoning violation within the time period established by the court shall constitute
a_separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and"
"Continued failure during each succeeding 10 -day period shall constitute a separate misdemeanor offense
for each 10 -day period punishable by a fine of not less than $100 nor more than $1,500."
21
ATTACHMENT B
Amendments to the 5.2.16 Draft City of Fairfax Zoning Ordinance
The Planning Commission held public hearings on May 23, 2016 and June 13, 2016 on the draft
Zoning Ordinance. In response to input from the public hearings, the following amendments to
the 5.2.16 draft were recommended by the Planning Commission to the City Council:
Editor's revisions were completed for section numbering errors and broken links in the draft
ordinance.
Article 1. Introductory Provisions
§1.5.12.A.2.A Height exceptions (page 1-7):
[revised graphic)
§1.5.12.A.2 Exceptions:
le) Chimneys attached to single-family, detached dwelling may extend above the
maximum height specified in the respective district by up to three feet."
§1.5.13 Required yards (page 1-9 through 1-11):
B. Front yards
2. Corner lots
"On corner lots, the front pr-ep@F4 lot line is the PFGper-4` lot line with the
shortest street frontage AGt Giiei to the - - I^+1 n -e "
ATTACHMENT B
C. Side yards
siva,{t%i dor) yard'
"2. Corner lots`
if
On corner lots,
(a) All lot lines not adjacent
to a street shall be
considered side (interior),
yard lot lines; and '
(b) The side (street) lot line
shall be the lot line with lF
the lot line with the {ron"iyaixt— 7'
longest street frontage." _-�-
E. Rear yards r
"2. Corner lots
On corner lots, no rear yard shall be required."
§1.5.13.F (page 1-11):
PERMITTED REQUIRED YARD ENCROACHMENTS
OBSTRUCTIONIPROJECTION INTo REQUIRED •1 M MENM
Bay,.vindows, eaves, chimneys. porches. stoops, covered entryways, awnings..
canopies, balconies, decks raised above ;round level, and similar features of a
principal dwelling may not project more than 3 feet beyond any required front, side
tstreetf , or rear building line
[revised table]
§1.6.2 Conforming uses and structures (page 1-4):
A. "Special uses and special a*cept ans uses"
C. "Variances and special exceptions
Any variance or special exception lawfully approved prior to the effective date of this
chapter [??EFFECTIVE DATE??] shall continue to be valid after the effective date.
Development in accordance with an approved variance or special exception shall comply
with the requirements of this chapter, provided that in the event of any inconsistency
between an approved variance or special exception and the requirements of this
ATTACHMENT B
chapter, development in accordance with the approved variance or special exception
shall be permitted."
Restoration of the RT -6 Zoning District in the draft ordinance covers the next 10 items:
§1.6.6 District conversion (page 1-15):
S1.6.6. District conversion
The zoning district names in effect
prior to the effective date of this chapter are amended as
shown below.
Previous •
Designation
RESIDENTIAL DISTRICTS
R -t Residential
RL
Residential Low
R-2 Residential
RM
Residential Medium
R-3 Residential
RH
Residential High
RT -6 Townhouse
R -T Townhouse
RT
Residential Townhouse
RM Multifamily
RMF
t uliif miiy
NONRESIDENTIAL DISTRICTS
C-11- Limned Office
CL
Commercial Limited
C-1 Office Commercial
CO
Commercial Office
[revised table]
§3.2.1.A Residential districts (page 3-1):
"4. RT -6 Residential Townhouse district
The RT -6, Residential Townhouse district is intended to maintain the character of low-
density residential areas by providing for the development of townhouses with adequate
open space to serve the needs of its residents."
3
ATTACHMENT B
§3.3.1.13 Principal uses (page 3-5):
B. Principal uses
The following table lists the principal uses permitted by this chapter for general use districts.
For overlay districts, see §3.7; for planned development districts, see §3.8; and for accessory
uses, see §3.5.5; and for temporary uses, see §3.5.6.
RESIDENTIAL NONRESIDENW SPECIFH
R R R RT R R C C C C C [ 1 USE
E TYPESIUSE GROUPS* L M H -6 T MF L 0 R U G L H STANDAR'
Duplexes
Townhouses
Adult day care
Assisted living facilities
Auditoriums or arenas
en -'e t. -'f it
Colleges and universities
Community services'
Congregate living facilities
Day care centers
Detention facilities or jails
Governmei3tL_��dlr,�-.x .uses(other
than those listed)
.. f-4 -
Group homes/statutory
Medical care facilities`
Nursery schools
Nursing homes
Parks and open areas^
Telecommunications facilities
Telecommunications antenna on
structures and towers
COMMERCIAL USES
Adult uses
Amusement centers
Animal care facilities
[revised table]
S S
S
CS
S
S
S
P
P
P
P
S S
S
S
S
P
P
P
S
P
S
®
S
S
S
S ..:: S
S
S
S
S.
i
:.:. S
S .:
S
S
S S
S
P
P
S
P
s- S
5
S
P
s,
S
S S
S
S
S
S
S
P
P
P
P
S
S S
SR
mm
P
P
P
P
P P
S
�
S
P P
P
P
P
S
S
p;
S S
Ss
S
S S
S
'S
S
P
P
P:
S
P
S S
S
61
S
S
P
P
P
S S
S
S
S
S,
S
S,
S
S
S S
S
S
S[
S
s
s
S P4 F& P5
P P P P P P P P P P
S S S- S I I S S S S S S S
S S S S S S S S S S S S
P P P P P P P P P P P P P
S
P
§3.5.2.,!
4
ATTACHMENT B
§3.5.2.F Nursery schools (page 3-17):
"4. Additional provisions for RT -6. RT, RMF, PD -R, and PD -C districts
(a) In the RT -6, RT, RMF, PDA and PD -C districts, a nursery school may not be
located in one or more of the units designed and built to rent or sell as dwelling units."
§3.5.2.H Schools, elementary, middle or high (page 3-18):
"3. Additional provisions for schools in R4A4, RT -6, RT, and RMF districts
(a) In the RT -A4,- RT -6, RT, and RMF districts, a school may not be located in one or
more of the units designed and built to rent or sell as dwelling units."
§3.5.5.0 Accessory use table (page 3-33):
USE TYPEsJUSE GROUPS
888 8l88B8B88�
Accessory dwelling units SP _S = §3.5.5.D.1
Amateur radio and receive -only P P P P P P P P P P P „P §3.5.5.D.2
antennas
Amusement machines
Automated teller machines (ATtv1:
Caretaker apartments
Dancing and entertainment areas
Day camps
Day care homes, family (up to 12',
Catering or delivery services
Drive-through windows/facilities
Electric vehicle charging station
Food trucks
Garages or carports
Garage sales
Home occupations. minor
Keeping of honey bees
Keeping of chickens , 4
Keeping of dogs ef Fi;:_� i
Keeping of rabbits
Outdoor dining and service areas
Parking structures
S S
S
S
S
S[
S
P
P
P
P
P P P
P P
P?
P
P
P
P
P
§3.5.5.D.16
P P
P
P a P
P
§3.5.5.D.17
P
P
IP
P
_
P
P
r
a S S S
S
S S
S'S
§3.5.5.D.19
S
S
S
S
P P
P
P
P
P
I P
P
P
P
P
P P
P
P
P
P P
P P
P
_
P
P
I P
P P
P
P
P
S S
S
Zs
S
S
P P
P
7,
P
P
P P P
P
P P P
P P P
Recreational facilities. private P P
Religious institutions accessory uses S S
Retail. convenience'
Services. convenience*
[revised table]
§3.5.5.DA
§3.5.5.D.5
§3.5.5.D.6
§3.5.5.D.7
§3.5.5.D.8
§3.5.5.D.9
§3.5.5.D.9
23.5.5.D.11
FIX
5
P
P
§3.5.5.D.13
§3.5.5.D.14
P P P
P
P
§3.5.5.D.15
P
P
§3.5.5.D.16
P P
P
P a P
P
§3.5.5.D.17
P
P
P P P
§3.5.5.D.18
P P
a S S S
S
S S
§3.5.5.D.19
S
P,
P P P
P
§3.5.5.D.20
S S
P'
P P P
P
§3.5.5.D.21
5
ATTACHMENT B
§3.6.1 Residential districts (page 3-48):
53.6.1. Residential districts
I wit ;
I
I-. i si i ;►a'hit.
--
-
-
-
-- - - - -
DENSITY (UNITS/ACRE), MAXIMUM
-
-
6
12
20
SITE AREA (ACRES), MINIMUM
--
--
--
0.4
0.5
LOT AREA/ UNIT, MINIMUM (SQ. FT.)
20,000
7,500
6.000
RT
1.500
1.800'
REQUIRED YARDS, MINIMUM (FT.) [1]
-
-
-
_
RMF
Front
4"�
25
20
1010
-
25
Side (street)
CL
245
w.2
i
20
25
Side (interior)
15
�58
48
_
0
25
Rear
25
25
25
230,,
20
35
LOT WIDTH, MINIMUM (FT)
TY2
TY2
TY2
TY1
Interior lots
100
75
60
18
18
--
Corner lots
125
85
80
1w
18
::.
HEIGHT, MAXIMUM (STORIES/FEET) [2]
TY3
TY3
r
IL
44-
3
Adjacent to RL. RM or RH district
3135
3115-35[2]
3115-35[2]L5
TY3
3/35
3135
Not adjacent to RL, RM or RH district
3135
3/35
3135
5'15
4145
4145
BUILDING COVERAGE, MAXIMUM (°lo}
25
35
;5 0
60
60
LOT COVERAGE, MAXIMUM (%) _
40
50
8 '
80
80
NOTES:
[1] Special building line requirements apply
where narrow right-of-way areas are found,
see
[2] Some exceptions apply. See §1.5.11.A.2(a)
23 2 gin, --,-r t 1.3f L s to r _
[revised table]
§4.5.5.D.1 District boundary transitional yards (page 4-15):
PROPOSED
DEVELOPMENT
DISTWT'R I RL I RM I RH I RT -6 I RT I RMF I CL I CO I CR I CU I CG I IL I IHI
RL
-
-
--
-
-
-
-- - - - -
RM
-
-
-
-
-
RH-
RT
TY1
TY1
TY1
-
-
-
- - - ,-
RMF
TY2
TY2
! TY2
TY2
-
--
- - - - -
CL
TY2
TY2
TY2
TY2
TY1
-
-- -- - -- - -
GO
TY2
TY2
TY2
TY2
TY1
- -- - -
CR
TY2
TY2
TY2
TY2
TY2
TY1
CU
TY3
TY3
TY3
TY3
TY2
TY2
TY1
CG
TY3
TY3
TY3
::.
TY3
TY3
TY3
TY2
IL
TY4
- TY4
TY4
TY4
TY4
TY3
TY3 TY2 TY2 TY1 - -
IH
TY4
TY4
TY4
TY4
TY4
TY4
TY3 TY3 TY3 TY3 TY2 -
[revised table]
6
ATTACHMENT B
§4.S.6^ATree canopy (page 4-19):
A. Tree canopy
The following tree canopy requirements shall apply in the respective districts:
�~~~~
ru� � o 10
[revised table]
7
TREE CANOPY (PERCE"
RESiDENTfAL DISTRICTS
RL Residential Lois
25
RM Residential Medium
20
RH Residential High
20
RT Residential townhouse
15
RMF Multifamily
10
NONRESIDENTIAL DISTRICTS
CL Commercial Limited
10
CO Commercial Office
10
CR Commercial Retail
110
CG Commercial General
.10
IL Indus ' trial Liqht
10
IH Heavy Industrial
10
PLANNED DEVELOPMENT DISTRICTS
20
10
�~~~~
ru� � o 10
[revised table]
7
ATTACHMENT B
§4.6.8 Signs allowed by district (page 4-34):
C. General use districts
Signs in general use districts shall be allowed by district in accordance with the table below.
KEY:
A = signs or other devices allowed without a sign permit
P = signs permitted only after issuance of a sign permit (See §5.9 for more information)
blank box = sign type prohibited in the respective district
GROUND -MOUNTED SIGNS
Monument P P I P w, P P P P P P P P P §4.6.9
SPECIAL SIGNS
Changeable ropy
P
P
Crown
P
P,
Directional
§4.6.11.A
Directory
P
Flags
A
A
Hardship
P
P
Histone marker
A
A
Marquee
P
P
WindaN
P
P
TEMPoRARY SIGNS
P
§4.6.11.0
Announcement or
Construction
A
A
Political and
A
A
Real estate
A
A
; RL 4V ---t 4�4
A
A
SanUich board
A
A
Seasonal product sales
A
A
Special event
A
A
[revised table]
Article 3. Zoning Districts and Regulations
8
P
P
P
P
P
P,
P
§4.6.11.A
P
P
P
P
P
P
P
§4.6.ItB
P
P
P
P
P
P
P
§4.6.11.0
P
P,
P
P
P
P
P'
§4.6.11.D
A `.
A
A
A
A
A
A
A
A
A
§4.6.11.E
Y,
-P
P
P<
P
P
P
P
P
§4.6.11.F
A
A
A
A
A
A
A
A
A
A.
P
P
P,,
w 6 4.
A47,;-14.4
P
P
P
P
P
P
P"
§4.6.12.B
A
A
A
A
A
A
A
A
A
A
§4.6A2.D
A
A
A
A
A
A
A
A
A
A
§4.6.12.E
A
A
A
AA
A
A
A
A
A
§4.6.12.F
A
A
A
ri,
A
x-,
A
A,
A
A
A
A
A
§4.8.12.G
P"
P
P
P
P
P'
§4:6.12.H
A
A
A
A
a<
A
A
A
A
A
§:.8121
Article 3. Zoning Districts and Regulations
8
ATTACHMENT B
§3.3.1.13 Principal uses (page 3-5 and 3-6):
RESIDENTIAL NONRESIDENTIAL
R I R I R I RT I R I R C C C C C I I
L M H -6 T MF L 0 R U G L H
Services. oersvnal'P P P
[revised table]
§3.4.1.E.2 Medical care facilities (page 3-8):
"Facilities providing medical o care or surgery to patients, which may or may
not offer overnight care, such as 14e6#4GP,, urgent care facilitiesy or surgical centers
. Surgical centers are outpatient facilities that offer surgery using general
anesthesia or deep sedation. Medical care facilities does not include hospitals or medical
offices, except accessory to other permitted uses."
§3.4.1.F.3 Offices, medical (page 3-9):
"An office in which at least one doctor, dentist, psychiatrist, physician's assistant, nurse
practitioner or similar medical provider treats or provides patients with counseling
servicer p ent-S. Medical office does not include medical care facilities. Medical office
may not exclude a use based solely on the type of outpatient treatment or outpatient
procedures provided there, except for those uses listed as medical care facilities. Medical
office does not include speech therapy, tutoring, or marriage counseling."
§3.5.5.D.1 Accessory dwelling units (pages 3-33 through 3-35): ADU acronym deleted.
§3.5.5.D.12 Home occupations (pages 3-38 through 3-40):
12. "Home occupations
(a) Prohibited home occupations
The following uses are not permitted as home occupations:
(1) Vehicle service;
(2) Vehicle repair;
(3) Plant nurseries and greenhouses;
(4) Manufacturing, heavy, which relates to the handling, processing,
packing, or serving of food directly or indirectly to the public;
ATTACHMENT B
(5) Medical or dental laboratory;
(6) Restaurant or food services;
(7\ :SG!e ^ re pGir 4 fira^rmc
(8) Bulk storage of flammable liquids;
(9) Funeral homes, and
(10) Animal care facilities.
(c) Minor home occupations
Minor home occupations means the use of an area located within a dwelling unit for
business or commercial purposes. Such uses shall comply with the following additional
requirements:
(1) No person other than a member of the family residing on the premises shall be
engaged in the home occupation;
(2)
be ^^r„^ittes ex6eptf-eF s+..a„nt Student instruction, where allowed, shall be
limited as follows:
(i) Such instruction shall be limited to a total of eight students per day, with no
more than 40 total per week or six students present at any one time,
between the hours of 8:00am and 9:00pm
(ii) Gatherings of students and families for exhibitions and group activities may
take place on the premises no more than four times per year. Such
gatherings shall be consistent with the residential character of the
neighborhood and shall conform to all applicable regulations regarding
noise and parking."
§3.6.1 Nonresidential districts (page 3-49):
10
53.6.2.. Nonresidential districts
DENSITY (U4ITSfACREx; MAXIMUM
LoT AREA, MxN. (SQ..Fr.)
REQUIRED YARDS (FT-)
ari ara t}Irstt sia-
1r�a;��96�T
Sada --linter o'i, T, in, uIIKiuer. to s sea_�S�ei".,a' oks-f"vt
Sia €nter£Dtl, Tim ±`ci *: at-aGeWs 8 r dL f . $:'n:t
Fear, rein. adjao t to a me-siO,"nkal distt ct
Fear, rein. motadja'zemt to a -esidemtal distt c
BUILD -TO LINE. MANDATORY fFERcE4T�
BULK PLANE REQUIREMENTS �DEGREESJ'
Eros+-
vi�� 3interi>r;i, a;ijay��t in a �esid�sral dist�v^.
Sde-imter� t.l m"It 04jao r t., a wasid"ntal dist c
Fear, axace-r€t K= a w_sA mfia I istnzt
ATTACHMENT B
CL I co I CR I CU I CG
HEIGHT, 'MAXIMUM (STCRIESi FEET)
RESERVED
-- 20,003
2C%20 5D,' CY
22,00,'
i
n
W35
C50
Not adjEzemttoa*sid=_mtatdastici
20 20
5461V
2#3
2G
e5
25 25
25 ?`
25
53
53
12 a i��z
4'".'3L..,� d°3J,w
is
G
G
25 25
25 25
.5
`�)
113
FLooR AREA,, M 411MUM (&Q, FT-)—
—,
5
—
—
151
[1) S Lciai building line requir ni nts apply
45
45 45
45
45
45
—
—
—
313
K
—;a
45 45
45
45
45
i 1€
HEIGHT, 'MAXIMUM (STCRIESi FEET)
A aunt :ex rs 3eK ; ds fbt`e
i
Ell,) 560
W35
C50
Not adjEzemttoa*sid=_mtatdastici
211215
5461V
51160
';183 5160
30S5
AVIK
BUILD COVERAGE, MsXJIliI7M 1%)
25
".G
? 1';:
$u —
5-3
`A3
LcT _ _ r, TaIAXIMVM
G
35
30�3U
FLooR AREA,, M 411MUM (&Q, FT-)—
NOTE3:
[1) S Lciai building line requir ni nts apply
where narrow
righ.z-of-
•ray areas are
found, see
..
i 1€
§3.7.3.E Off-street parking (page 3-57):
"The parking ratio requirements of §4.2.3.E shall be reduced by 50 percent for all
uses, provided that each dwelling unit shall have no less than 1.2&50 spaces, unless
otherwise specified in §4.2.3. E.
§3.8.7.G Alternative Compliance (page 3-68):
"The city council may approve alternatives to the recreation and open space
requirements of 3.8:3.8. based upon exceptional design or recreational amenities;
hi_r-h hart Gt sf., 4ge puFpesas .,f this ehGpte (-SL-e 9 1 A f .ti nf,,.. Gt;.,.,)"
11
ATTACHMENT B
Article 4. Site development standards
§4.2.4 Location of parking (pages 4-4 and 4-5):
"S. Residential uses
1. Tandem parking and parking in required yards shall be allowed for single-
family detached, single-family attached, duplex, and townhouse dwellings
and for group homes, provided there is space for such parking without
blocking the sidewalk.
2. Garage parking may be counted toward required parking."
§4.4.4 Sidewalks (page 4-12):
B. "Placement
1. Where sidewalks are required, sidewalks shall be provided according to one of
the following placement alternatives as determined by the zoning administrator:
(a) Sidewalks shall be placed against the back of curb (urban street frontage);
or
(b) Sidewalks shall be placed such that a minimum strip of green space (3 to 5
feet wide) is maintained between the back of curb and the inside edge of
the sidewalk and have a minimum paved width of five feet for this
placement (sub -urban street frontage); a minimum of three feet of green
space shall be maintained adjacent to all tree pits.
2. Site-specific placement, including where a variation from the placement
methods described in 4.4.4.8.(1) above, is necessary or desired; or where an
obstruction is located within the paved area, the following criteria must be
satisfied:
(a) All placement and transition sections must be approved by the zoning
administrator,
(b) All radii in transition sections must be a minimum of 10 feet, and
(c) In order to provide safe and adequate access on sidewalks, all sidewalks
shall comply with minimum clear width requirements around all
obstructions natural or manmade."
§4.5.5.D Transitional yard types (pages 4-15 and 4-16):
12
ATTACHMENT B
3. "Use boundary transitional yards
(a) Where townhouse developments occur adjacent to single-family detached
or duplex dwellings, TY1 transitional yards shall be provided in accordance
with 4.5.5.D., below.
(b) Where multifamily developments occur adjacent to single-family detached,
duplex or townhouse dwellings, TY2 transitional yards shall be provided in
accordance with 4.5.5.D., below.
(c) Where commercial developments occur adjacent to single-family attached,
single-family detached, duplex, townhouse, or multifamily dwellings, TY3
transitional yards shall be provided in accordance with 4.5.5.D., below.
(d) Where industrial developments occur adjacent to single-family attached,
single-family detached, duplex, townhouse, or multifamily dwellings, TY4
transitional yards shall be provided in accordance with 4.5.5. D., below."
§4.6.8 Signs allowed by district (page 4-34):
Monument
Y P r
P
P
P P
P
P
P
P G
P F,P
P- P
§4.6.9
BUILT} UN�E[t S�1�S
Awning or canopy r P 0P P I P P I P tP §4.6.1 OA
Hanging
P P P P P P P
§4.6. 10 B
Prolectmg
P
P
P
P
P P il P IN,
§4.6. 10 C
Wall
l
P
P
P
P
P ,y
P P ,` P
SPECIAL SIGNS ,
Changeable copy
P r
P
P F
P
P L P, P�i'
§4.6.11.A
Crown
P
P
P r
P
P P P
§4.6.11.13
F ��.
Directional
P
P
P
P
P P P
§4.6.11. C
Directory
P
P
P
P
P P P
§4.6.11.D
Flags
A I
A 1p,
A.
A A
A
I A
A
A K
A
�A A �A
§4.6.11.E
Hardship
R
g
R
R
R
P
P
P
P
P P P
§4 611 F
Historic marker
A :,tt
A= A
A
A
A .
A
A
A A ii A
_§4.6.11.H M
Marquee
P
P
P
§4.6.11.1
Window
P
P
P
P
P P� P
§4.6.11.)
TEMPORARY SIGNS,
Announcement or promofionalP
P
P
P
P P P
§4.6.12.B
Construction
A
A
A
A A
�..��
A
ww_
A
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A ii,
A
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�.W�_
A A K A
...,.
§4.6.12. Dv
Political and noncommercial
A
A
A
A A
A
A
A
A
A
A A IV, A
§4612E
Real estate
AA
A
A A
A
A
A
A
A
A A A
§466.12F
A u'
A
A
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A :`
AA
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A n A Q A
13
ATTACHMENT B
Sandwich board A t A A A A A A 11 §4.6.12.G
Seasonal product sales E P i P P P P P §4.6.12.H
H
Special event A A A A £'; A A A A A A A A a A x}§4.6.12.1~
[revised table]
§4.6.9.A Monument signs (page 4-35):
A. "Description
A ground -mounted sign used to identify nonresidential uses and subdivisions in
residential districts, or nonresidential uses or developments in nonresidential
districts, that is anchored and mounted on a dressed base or platform, which
encloses the structural members that support the sign with brick, masonry, or
painted metal with the bottom of the sign face at the base, at grade and not
exceeding the specified overall height. Monument signs are the only ground -
mounted signs allowed in the city of Fairfax."
§4.6.11.1 Window signs (page 4-41):
1. "Window signs
2. Number
There shall be e -no maximum number of ene permanent signs per window,
provided the 25 percent coverage requirement, below, is maintained."
Article 6. Development review
§6.2.1. Pre -application meeting (page 6-1):
"A. Before submitting an application required by this chapter, each applicant may
hold a pre -application meeting with the zoning administrator, the director of
community development and planning, or other applicable review official(s), or with
decision-making bodies (separately or jointly) to discuss the procedures, standards
and regulations required for development approval in accordance with this
chapter. n pj94c-Gn9 <h„n net ent eF al;s .,.. .,.e ffe. Gs Ggr-e .,r, -n.;
There shall be no discussion of proffers at any pre -application meeting for any
rezoning or proffered condition amendment relating to a residential development or a
residential component of any mixed use project."
14
ATTACHMENT B
§6.2.3.E Completeness review (page 6-3):
"E. Completeness review
1. Applications will be reviewed for completeness within five business days of
submission. Applications not reviewed as required by this subsection E within
five business days of submission shall be deemed eepqp�ete submitted and the review
process shall begin.
2. Other than situations covered by subsection E.1 above, a,4n application shall be
considered submitted only after the applicable review official certifies that it is
complete, provided in the required form, includes all mandatory information as may
be required by the review official, and is accompanied by the applicable fee.
4. If the deficiencies are not corrected by the applicant within 60 wer-king days, the
application shall be considered withdrawn. If an application is deemed withdrawn
because of failure to correct application deficiencies, notice shall be sent to the
applicant."
§6.2.4.1 Inactive files (page 6-5):
"For inactive files, the zoning administrator may notify the applicant and applicant's
agent in writing that a file has been closed when the file has been inactive for a period
of time equal to or exceeding 12 months. The period of inactivity shall be measured
from the time staff issued comments or correspondence that required revisions to the
application or some affirmative act in response by the applicant but no subsequent
revisions or affirmative act toward approval of the application has been made.
Requests for action after a file has been declared inactive and the applicant has been
notified require resubmittal as a new application. Review fees and cost of publication
are required to be paid as part of the resubmittal."
§6.4.4 Application requirements (page 6-12):
"B. If an applicant for rezoning wishes to submit proffers, such proffers may be
submitted as part of the application. (See also §6.4.10)"
§6.4.10 Proffers (page 6-13):
"A. Intent
The intent of §6.4.10 is to provide, pursuant to the authority granted to the City
by §§ 15.2 2258— -15.22 2=303. 2 et ^.,2303, Code of Virginia, a more flexible and
15
ATTACHMENT B
adaptable method to cope with situations found in such zones whereby a zoning
reclassification may be allowed, subject to certain conditions proffered by the
rezoning applicant, for the protection of the community."
§6.4.10 Proffers (page 6-13):
"C. Proffer of conditions
An owner may voluntarily proffer reasonable conditions, including cash, real
property, services, land use restrictions and other conditions, in addition to the
regulations established elsewhere in this chapter, as part of an application
requesting an amendment to the zoning district regulations or the official zoning
district map(s) or a change in zoning of individual parcel(s). In addition:,
4rAallproffered conditions p eed shall be consistent with the requirements
of §Jt4e 15.2-24-6982303 2303.4, Code of Virginia, and any other applicable
Provisions of the Code of Virginia."
§6.7.9.A Period of validity (page 6-26):
"An approved special use permit shall expire 24 months from the date of approval unless
the proposed development is established or, where a building permit is required, a
building permit is pursued as set forth below:
A. A complete building permit application has been submitted eppr-eve and remains
valid;
B. Where more than one building is to be built, the applicant may submit a series of
building permit applications. The first application shall be submitted Gnd Gppr-eved
within two years from the date that rP�GR special use approval is granted. Each
subsequent application shall be submitted within 180 days from the date of
issuance of a certificate of occupancy for the previous building."
§6.8.2 Exemptions (page 6-27):
7. Addition of bicycle parking when such parking is the only new parking being
added."
§6.17 Special Exceptions (page 6-46):
§6.17.1. B Applicability
16
ATTACHMENT B
z.
TL.e rite 4eyelenmenr r+,.n.de.4,; 4Ar44e n
B. Special exceptions may be approved modifying:
1. The specific use standards authorized by the §3.5. This should not be
interpreted as authorizing uses not otherwise allowed by §3.3;
2. The dimensional standards (for residential and nonresidential uses) of §3.6,-
3.
3.6;3. All standards applicable to overlay districts, (§3.7), provided this shall not be
interpreted as authorizing uses not otherwise allowed by 3.3; and
4. The site development standards of Article 4.."
Article 9. Definitions
VEHICLE PARTS STORE: A primarily retail establishment specializing in the sale of vehicle
parts.
STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which
on at least two opposite exterior sides are not more than two feet above the floor of
such story, provided that any such story used as a separate dwelling unit shall be
counted as a full story.
17
ATTACHMENT C
Recommended Additional Amendments to the
5.2.16 Draft City of Fairfax Zoning Ordinance
Staff continued to receive input from the community and has continued to conduct its review
of the draft Zoning Ordinance. Based upon this input and review, additional amendments to
the 5.2.16 draft were recommended to the City Council at the July 5, 2016 work session. Listed
below are the recommended additional amendments:
Article 1. Introductory Provisions
§1.5.13.F Permitted encroachments (page 1-11):
OBSTRUCTIONIPROJECIION INTo REQUIRED YARD (SETBACKS)
Accessory structures and buildings: iNt 12 feet n he ~t, provided such structure or I
building shall be behind the front and side (street) building line and at least 5 feet ■ [
from any side (interior) or rear lot line
[revised table],
§1.5.13.G.1.A Exceptions (page 1-12):
[Revise the required building line for street side yards in the exceptions table for the
RL, RM, and RH districts proportionally to the amended required street side yards in
the dimensional table for those districts]
Article 3. Zoning Districts and Regulations
§3.5.5.B.1.0 Use limitations on accessory structures (page 3-32):
"(4) All accessory structures shall comply with the maximum height regulations
applicable to the zoning district in which they are located, except as otherwise
provided in § 3.5.5.8. 1.5.13.F."
§3.5.5.0 Accessory use table (page 3-33) and §3.5.5.D.8 Accessory use standards Day care
homes, family (up to 12):
[Revise these sections to reinstate special use permit provisions for "Day care home,
family" for the care of 5 to 12 children]
Article 4. Site development standards
ATTACHMENT C
§4.7.3.A.5 Residential districts (pages 4-45 and 4-46):
70 For purposes of §4.7.3, all yards on corner lots located between a right-of-way
line and the nearest wall of the principal structure shall -be considered front yards."
§4.6.9.A Monument signs (page 4-35):
A. "Description
An on -premises ground -mounted sign used to identify nonresidential uses and
subdivisions in residential districts, or nonresidential uses or developments in
nonresidential districts that is anchored and mounted on a dressed base or
platform, which encloses the structural members that support the sign with brick,
masonry, or painted metal with the bottom of the sign face at the base, at grade
and not exceeding the specified overall height. Monument signs are the only
ground -mounted signs allowed in the city of Fairfax."
§4.6.10.6.1 Hanging signs (page 4-36):
1. "Description
An on -premises sign that is painted on or attached directly to the surface of a wall of
a multifamily building or a nonresidential use. For the purposes of these regulations,
fuel station canopy signs shall be considered wall signs."
§4.6.10.D.1 Wall signs (page 4-37):
1. "Description
An on -premises sign that is suspended from the underside of a horizontal plane
surface and is supported by such surface."
§4.6.11.A.1 Changeable copy signs (page 4-37):
1. "Description
Any on -premises sign that allows the copy to change. These signs may be lighted or
unlighted, with detachable or fixed -in-place, letters and figures. Other than sandwich
board signs, only signs that are permanently affixed to the ground or a building may
be changeable copy signs."
ATTACHMENT C
§4.6.11.6.1 Crown signs (page 4-38):
1. "Description
An on -premises type of wall sign located adjacent to and below the roof line on a
building at least 50 feet or five floors in height."
§4.6.11.D.1 Directory signs (page 4-39):
1. "Description
An on -premises map and/or sign at a multi -tenant building or project that identifies
uses or activities conducted on-site, or a sign located on the wall of a building near
an entrance to the building for the purpose of identifying the names and locations of
uses within the building."
§4.6.11.E.1 Flags (page 4-39):
1. "Description
On -premises flags PGg-, of the United States, other governmental entities,
religious institutions, groups, civic organizations, service clubs, or any commercial or
noncommercial entities."
§4.6.11.F.1 Hardship signs (page 4-39):
1. "Description
An on -premises special sign type as determined by the zoning administrator that
may only be allowed in unique, hardship circumstances, where the only public
entrance is on a building face not readily visible to the public right-of-way and the
zoning administrator makes a positive finding with respect to the following:"
§4.6.11.H.1 Marquee (page 4-41):
1. "Description
On -premises signs Sk
tns or message areas on a permanent roof -like structure over an
entrance of a theater (marquee) or vertically-oriented and projecting from the wall
of a theater."
§4.6.11.1.1 Window signs (page 4-41):
1. "Description
ATTACHMENT C
Any on -premises signs Vis, picture, symbol, or combination thereof, designed to
communicate information about an activity, business, commodity or service placed
inside a window or upon the windowpanes or glass and is intended to be visible from
the exterior of the window."
§4.6.12.A Temporary signs (page 4-42):
A. "General description
On -premises signs Sk
jn6 constructed of cloth, fabric, or other lightweight temporary
material with or without a structural frame intended for a limited period of display."
Article 9. Definitions
"AVERAGE FINISHED GRADE: The reference plane level representing the average
finished ground level adjoining a building at exterior walls. For measurement
purposes average finished grade shall mean the average of four elevations taken
at ground level at the lowest point along four building facades. W49er-e the f4,4she`�
ATTACHMENT D
Work Session Amendments to the
5.2.16 Draft City of Fairfax Zoning Ordinance
On July 5, 2016, the City Council held a work session on the draft zoning ordinance and
identified additional amendments to the draft zoning ordinance. Listed below are the
recommended additional amendments:
Article 3. Zoning Districts and Regulations
§3.6.1 Residential districts (page 3-48):
[Increase the side (interior) yard from 8 feet to 10 feet, retaining the height limitation
of 15 feet within 12 feet of the side (interior) lot line.]
§3.6.1. Nonresidential districts (page 3-49):
[Eliminate the maximum height in the Commercial Urban (CU) district of 7 stories or
88 feet when not adjacent to a residential district and utilize the maximum height of
5 stories or 60 feet for all areas within the district.]
ORDINANCE NO. 2016 -
AN ORDINANCE REPEALING CURRENT CHAPTER 110 (ZONING) IN ITS ENTIRETY AND
READOPTING THE CHAPTER WITH SIGNIFICANT REVISIONS TO ALL ARTICLES AND
SECTIONS CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO: ZONING DISTRICTS
AND REGULATIONS, SITE DEVELOPMENT STANDARDS, DEVELOPMENT REVIEW
PROCEDURES, NONCONFORMITIES, ENFORCEMENT AND PENALTIES, AND DEFINITIONS.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that the current Chapter 110 (Zoning)
of the Code of the City of Fairfax, Virginia, be and the same hereby is repealed in its entirety, and a new
Chapter 110 (Zoning), be and the same hereby is adopted, as amended, to read as attached hereto.
This ordinance shall become effective
INITIATED:
PUBLIC HEARING:
ENACTED:
Date:
ATTEST:
City Clerk
Vote
M. DeMarco
J. Greenfield
D. Meyer
J. Miller
E. Schmidt
J. Stehle
Mayor
2
SAMPLE MOTION
"I MOVE TO APPROVE AN ORDINANCE REPEALING CURRENT CHAPTER 110 (ZONING) IN ITS
ENTIRETY AND READOPTING THE CHAPTER WITH SIGNIFICANT REVISIONS TO ALL
ARTICLES AND SECTIONS CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO:
ZONING DISTRICTS AND REGULATIONS, SITE DEVELOPMENT STANDARDS, DEVELOPMENT
REVIEW PROCEDURES, NONCONFORMITIES, .ENFORCEMENT AND PENALTIES, AND
DEFINITIONS.
I FURTHER MOVE THAT THIS ORDINANCE SHALL BECOME EFFECTIVE ."
3
ZONING
ORDINANCE
CITY OF FAIRFAX,
VIRGINIA
ADOPTED 7/12/2016
EFFECTIVE 10/1/2016
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia I
CONTENTS
Article 1. Introductory Provisions ...................................................................................................... 1-1
§1.1. Legal Provisions ........................................................................................................... 1-1
§1.2. Adoption Date and Effective Date ............................................................................... 1-1
§1.3. Word Usage and Construction of Language ................................................................ 1-2
§1.4. Interpretation of Regulations ...................................................................................... 1-3
§1.5. Measurements and Exceptions ................................................................................... 1-3
§1.6. Transitional Provisions .............................................................................................. 1-12
Article 2. Zoning Map ........................................................................................................................ 2-1
§2.1. Adoption of Maps ........................................................................................................ 2-1
§2.2. Interpretation of District Boundaries .......................................................................... 2-1
Article 3. Zoning Districts and Regulations ........................................................................................ 3-1
§3.1. General Provisions ....................................................................................................... 3-1
§3.2. Districts Established/Purpose Statements .................................................................. 3-1
§3.3. Allowed Uses ............................................................................................................... 3-4
§3.4. Use Regulations ........................................................................................................... 3-6
§3.5. Specific Use Standards .............................................................................................. 3-14
§3.6. Dimensional Standards .............................................................................................. 3-47
§3.7. Overlay Districts ........................................................................................................ 3-48
§3.8. Planned Development Districts ................................................................................. 3-58
Article 4. Site Development Standards .............................................................................................. 4-1
§4.1. Construction Standards ............................................................................................... 4-1
§4.2. Off-street Parking and Loading ................................................................................... 4-1
§4.3. Access (Vehicular) Management ............................................................................... 4-10
§4.4. Pedestrian Facilities ................................................................................................... 4-11
§4.5. Landscaping ............................................................................................................... 4-13
§4.6. Signs ........................................................................................................................... 4-26
§4.7. Fences and Walls ....................................................................................................... 4-45
§4.8. Outdoor Lighting ....................................................................................................... 4-49
§4.9. Large format Retail .................................................................................................... 4-51
CONTENTS
Adopted 07/12/2016 Zoning Ordinance
II City of Fairfax, Virginia
§4.10. Outdoor Storage and Display .................................................................................... 4-52
§4.11. Underground Utilities ................................................................................................ 4-53
§4.12. Refuse Disposal .......................................................................................................... 4-53
§4.13. Common Interest Community Associations .............................................................. 4-53
§4.14. Operational Performance Standards......................................................................... 4-54
§4.15. Floodplain Regulations .............................................................................................. 4-57
§4.16. Storm Drainage Facilities ........................................................................................... 4-76
§4.17. Erosion and Sediment Control .................................................................................. 4-96
§4.18. Chesapeake Bay Preservation ................................................................................... 4-97
Article 5. Decision-Making Bodies and Officials ................................................................................. 5-1
§5.1. City Council .................................................................................................................. 5-1
§5.2. Planning Commission .................................................................................................. 5-1
§5.3. Board of Zoning Appeals ............................................................................................. 5-2
§5.4. Board of Architectural Review .................................................................................... 5-3
§5.5. Director of Community Development and Planning ................................................... 5-4
§5.6. Zoning Administrator................................................................................................... 5-5
§5.7. Director of Public Works ............................................................................................. 5-6
§5.8. VSMP Authority ........................................................................................................... 5-6
Article 6. Development Review ......................................................................................................... 6-1
§6.1. Summary of Review Authority .................................................................................... 6-1
§6.2. Common Review Procedures ...................................................................................... 6-1
§6.3. Text Amendments ..................................................................................................... 6-10
§6.4. Map Amendments (Rezoning) ................................................................................... 6-12
§6.5. Certificates of Appropriateness ................................................................................. 6-16
§6.6. Planned Development Reviews ................................................................................. 6-22
§6.7. Special Use Reviews .................................................................................................. 6-25
§6.8. Site Plan Reviews ....................................................................................................... 6-27
§6.9. Sign Permits ............................................................................................................... 6-31
§6.10. Tree Removal Permits ............................................................................................... 6-32
§6.11. Floodplain Permits ..................................................................................................... 6-33
Introductory ProvisionsCONTENTS
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia III
§6.12. Erosion and Sediment Control Permits ..................................................................... 6-35
§6.13. Chesapeake Bay Reviews .......................................................................................... 6-37
§6.14. Stormwater Permits .................................................................................................. 6-41
§6.15. Temporary Use Permits ............................................................................................. 6-42
§6.16. Administrative Adjustments ...................................................................................... 6-44
§6.17. Special Exceptions ..................................................................................................... 6-46
§6.18. Variances ................................................................................................................... 6-48
§6.19. Written Interpretations ............................................................................................. 6-52
§6.20. Zoning Permits ........................................................................................................... 6-53
§6.21. Administrative Appeals ............................................................................................. 6-55
§6.22. Appeals to City Council .............................................................................................. 6-57
§6.23. Appeals to Court ........................................................................................................ 6-58
Article 7. Nonconformities ................................................................................................................ 7-1
§7.1. General ........................................................................................................................ 7-1
§7.2. Nonconforming Lots .................................................................................................... 7-2
§7.3. Nonconforming Structures .......................................................................................... 7-2
§7.4. Nonconforming Uses ................................................................................................... 7-3
§7.5. Nonconforming Site Development Features ............................................................... 7-5
Article 8. Enforcement and Penalties ................................................................................................ 8-1
§8.1. Responsibility for Enforcement ................................................................................... 8-1
§8.2. Violations ..................................................................................................................... 8-1
§8.3. Remedies and Penalties .............................................................................................. 8-1
§8.4. Enforcement Procedures ............................................................................................. 8-4
§8.5. Storm Drainage Regulations Enforcement .................................................................. 8-5
Article 9. Definitions ......................................................................................................................... 9-1
§9.1. General ........................................................................................................................ 9-1
§9.2. Abbreviations .............................................................................................................. 9-1
§9.3. Defined Terms ............................................................................................................. 9-1
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia
How to Use this Ordinance
IF YOU OWN PROPERTY AND WANT TO KNOW WHAT RULES APPLY:
STEP 1: Find your zoning district and any overlay districts by looking at the zoning map (available in the
office of the zoning administrator).
STEP 2: Go to §3.2.1.A, Residential districts purpose statements, or §3.2.1.B, Nonresidential districts
purpose statements, to review the purpose of the district applied to your property.
STEP 3: Go to §3.3, Allowed uses, for details on uses permitted on your property. Find the row that lists
the specific use you’ve identified. Match this row to your district (across the top of the table) to determine
if the use you want to establish is permitted. If the use you’ve identified is not listed, go to §3.4.1, Use
interpretation.
STEP 4: If your use is permitted, before building the structure or establishing the use, you must get the
appropriate permits and approvals (see Article 6). For details on maximum density, minimum lot size,
required yards (setbacks) and similar dimensional standards see:
§3.6.1, Residential districts
§3.6.2, Nonresidential districts
For specific use standards applicable to specific uses, see §3.5. The use may also be subject to the site
development standards in Article 4.
STEP 5: Don’t forget that the overlay districts established in §3.2 may apply to your property. These
requirements are intended to help you and the city ensure that your project is legally established and
that it matches the development vision that Fairfax, as a community, desires.
IF YOU WANT TO BUILD OR ESTABLISH A PARTICULAR USE:
Follow Steps 1 through 5 above, to identify your zoning district and the permitted uses. You can find
the specific details for the uses allowed in your zoning district in §3.3. You can also find the various site
development standards that apply to your property in Article 4.
IF YOU WANT TO CHANGE YOUR ZONING DISTRICT:
Only the city council may rezone property – following public notice and hearings. See §6.4, Map
amendments (rezoning), for details on the procedure.
RETURN TO TABLE OF CONTENTS
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 1-1
Article 1. Introductory Provisions
§1.1. LEGAL PROVISIONS
§1.1.1. Title
This chapter and the official zoning map shall be officially known and cited as the “City of Fairfax
Zoning Ordinance,” the “zoning ordinance” or “this chapter.”
§1.1.2. Authority
This chapter is adopted pursuant to the authority conferred by 15.2-2280 et seq., Code of Virginia.
§1.1.3. Jurisdiction
This chapter shall be applicable throughout the city of Fairfax. No building shall be erected or
structurally altered nor shall any land use or development activity take place, unless it conforms to
the provisions of this chapter.
§1.1.4. Purpose
This chapter is adopted in order to protect the health, safety and welfare of the residents of the
city of Fairfax; to advance the objectives of Sections 15.2-2200, -2283 and -2284, Code of Virginia;
and to implement the City of Fairfax Comprehensive Plan (comprehensive plan).
§1.1.5. Delegation of authority
Whenever a provision appears requiring the zoning administrator, the director of public works or
the director of community development and planning to perform an act or duty, that provision
shall be construed as authorizing the city manager, or the director of community development
and planning, the director of public works, the VSMP administrator, or the zoning administrator to
delegate that responsibility to other city employees.
§1.1.6. Graphics and illustrations
Where graphics or illustrations included in this chapter conflict with the text of the regulations,
the text shall control. Otherwise, compliance with graphics and illustrations is required.
§1.1.7. Headings, illustrations and text
In case of any difference of meaning or implication between the text of this chapter and any
heading, drawing, table, figure or illustration, the text shall control.
§1.1.8. Lists and examples
Unless otherwise specifically indicated, lists of items or examples that use terms such as
“including,“ “such as” or similar language are intended to provide examples; not intended to be
exhaustive lists of all possibilities.
§1.1.9. Severability
This chapter and various sections, subsections, and clauses thereof, are hereby declared to be
severable. If any part, sentence, paragraph, section, subsection, or clause is adjudged
unconstitutional or invalid, it is hereby provided that the remainder of this chapter shall not be
affected thereby.
§1.2. ADOPTION DATE AND EFFECTIVE DATE
This chapter was adopted on July 12, 2016 becoming effective on October 1, 2016.
RETURN TO TABLE OF CONTENTS
§1.3 Word Usage and Construction of Language Chapter 110. Article 1. Introductory Provisions
§1.3.1 Meanings and intent
Adopted 7/12/2016 Zoning Ordinance
1-2 City of Fairfax, Virginia
§1.3. WORD USAGE AND CONSTRUCTION OF LANGUAGE
§1.3.1. Meanings and intent
All provisions, terms, phrases and expressions contained in this chapter shall be construed
according to the purposes of §1.1.4. (See also §6.19, Written interpretations)
§1.3.2. Computation of time
A. References to “days” are to calendar days unless otherwise expressly stated.
B. The time in which an act is to be completed is computed by excluding the first day and
including the last day. If the last day is a Saturday, Sunday, or holiday observed by the city,
that day is excluded and the time frame shall move forward to the next business day.
C. A day concludes at the close of business local time (5:00pm), and any materials received after
that time is considered to be received the following day.
§1.3.3. References to other regulations, publications and documents
Whenever reference is made to a resolution, ordinance, statute, regulation, or document, that
reference shall be construed as referring to the most recent edition of such resolution, ordinance,
statute, regulation, or document or to the relevant successor document, unless otherwise
expressly stated.
§1.3.4. Technical and non-technical terms
Words and phrases shall be construed according to the common and approved usage of the
language, but technical words and phrases that may have acquired a peculiar and appropriate
meaning in law shall be construed and understood according to such meaning as specified in
Article 9, Definitions.
§1.3.5. Public officials and agencies
All public officials, bodies and agencies to which references are made are those of the city of
Fairfax, unless otherwise expressly provided.
§1.3.6. Mandatory and discretionary terms
The words “shall,” “will” and “must” are mandatory. The words “may” and “should” are advisory
and discretionary terms.
§1.3.7. Conjunctions
Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
“And” indicates that all connected items, conditions, provisions or events apply; and
“Or” indicates that one or more of the connected items, conditions, provisions or events may
apply.
§1.3.8. Tenses and plurals
Words used in one tense (past, present or future) include all other tenses, unless the context
clearly indicates the contrary. The singular includes the plural, and the plural includes the singular.
RETURN TO TABLE OF CONTENTS
Chapter 110. Article 1. Introductory Provisions §1.4 Interpretation of Regulations
§1.4.1 Minimum requirements
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 1-3
§1.4. INTERPRETATION OF REGULATIONS
§1.4.1. Minimum requirements
Regulations set forth by this chapter shall be interpreted as providing minimum regulations
necessary to promote and protect the public health, safety and welfare. If the requirements set
forth in this chapter are at variance with the requirements of any other lawfully adopted uses,
regulations, or ordinances, the more restrictive or higher standard shall govern. The more
restrictive provision is the one that imposes more stringent controls.
§1.4.2. Conflicting provisions
A. Conflict with state or federal regulations
If the provisions of this chapter are inconsistent with those of the state or federal
government, the more restrictive provision will control, to the extent permitted by law.
B. Conflict with other city regulations
If the provisions of this chapter are inconsistent with one another, or if they conflict with
provisions found in other adopted ordinances, regulations of the city, any proffers or
conditions of approval, the more restrictive provision will control unless otherwise expressly
stated.
C. Conflict with private agreements and covenants
This chapter is not intended to interfere with, abrogate or annul any easement, covenant,
deed restriction or other agreement between private parties. The city does not enforce
private covenants. City regulations must be complied with, regardless of any easement,
covenant, deed restriction or other agreement between private parties. If the provisions of
this chapter impose a greater restriction than imposed by a private agreement or covenant,
the provisions of this chapter control.
§1.5. MEASUREMENTS AND EXCEPTIONS
§1.5.1. General
No lot shall be reduced in size so that the lot area, lot area per dwelling unit, lot width, required
yard (setback), or other requirements of this chapter are not maintained. This prohibition,
however, does not prevent the purchase or condemnation of land for public utilities and facilities,
right-of-way, stream protection, and other public purposes.
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§1.5 Measurements and Exceptions Chapter 110. Article 1. Introductory Provisions
§1.5.2 Area
Adopted 7/12/2016 Zoning Ordinance
1-4 City of Fairfax, Virginia
§1.5.2. Area
A. Lot
1. A single lot of record.
2. Lot area shall be that area
contained within the property
lines of a single, piece of land.
3. If a lot falls within multiple
zoning districts, the minimum
lot area requirements for the more restrictive, underlying district shall be met. See
§3.2.1 for district hierarchy.
B. Site
1. A continuous quantity of land to
be developed as a single project.
A site may include more than one
lot(s), which may be separated by
a street.
2. Site or site area shall be the total
land area contained within the
project area boundaries of a
development site.
C. Lot area per unit
Lot area per unit refers to the amount of lot area required for each dwelling unit on the
subject lot.
§1.5.3. Buildable area
Buildable area is the area of a lot within which a structure can be placed and remaining after the
minimum yard requirements of this chapter have been met, less any area needed to meet the
minimum requirements for streets, sidewalks or other similar public improvements.
§1.5.4. Build-to line
Build-to line refers to the front and side (street) property line to which a minimum percentage of
the building façade along the front yard and side (street) yard, if any, must be built.
§1.5.5. Building separation
The required separation between any two buildings located on the same lot.
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Chapter 110. Article 1. Introductory Provisions §1.5 Measurements and Exceptions
§1.5.6 Bulk plane
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 1-5
§1.5.6. Bulk plane
A. Measurement
Bulk plane refers to a theoretical plane beginning at a specified line, which shall be the lot
line (property line) unless otherwise specified, and rising over a specified slope determined
by an acute angle measured down from the vertical, which, together with other dimensional
standards, delineates the maximum bulk of any improvement, which may be constructed on
the lot.
B. Exception
On a street that has a right-of-way of less than 50 feet, the angle of bulk plane shall be
measured from a parallel line 25 feet from the established centerline of the road.
§1.5.7. Coverage
A. Building coverage (footprint)
1. Building coverage is the percentage
of lot area that is permitted to be
covered by buildings, including both
principal structures and accessory
buildings.
2. Building coverage does not include
paved areas such as driveways,
uncovered porches or patios, decks,
swimming pools, or roof overhangs of
less than three feet.
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§1.5 Measurements and Exceptions Chapter 110. Article 1. Introductory Provisions
§1.5.8 Density
Adopted 7/12/2016 Zoning Ordinance
1-6 City of Fairfax, Virginia
B. Lot coverage (impervious)
Lot coverage is the percentage of lot area
that may be covered by buildings, including
both principal and accessory structures,
impervious surfaces such as driveways,
uncovered porches or patios, swimming
pools, or roof overhangs of more than
three feet.
§1.5.8. Density
A. Density is calculated as the number of dwelling units per gross acre located within the
development site.
B. If the development site is located in more than one zoning district, the maximum number of
dwelling units allowed must be determined separately for that portion of the site lying within
each respective zoning district.
§1.5.9. Floor area
A. Floor area means the gross floor area within the building under consideration measured from
the outer wall including hallways, stairs, closets, and thickness of walls, columns or other
similar features.
B. Parking structures below or above grade and rooftop mechanical structures are excluded
from floor area.
§1.5.10. Frontage
A. Building frontage
1. Building frontage shall
mean the horizontal
length of a building
(building length) on the
sides facing a street or
required parking (§4.2).
2. Building frontage is
measured in a straight line
from one end of the wall
most nearly parallel to and adjacent to the street, to required parking (§4.2) or
recreation and open space (§3.7.5) to the other end of the same wall facing the street,
required parking or recreation and open space. Neither articulations nor offsets in the
wall shall increase the length of the building frontage.
B. Street frontage
Street frontage shall be measured by the length of the front lot line. (See §1.5.12)
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Chapter 110. Article 1. Introductory Provisions §1.5 Measurements and Exceptions
§1.5.11 Height
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 1-7
§1.5.11. Height
A. Buildings and structures
1. Measurement
Height is the vertical distance from average finished grade, as defined in §9.3.1, to the
highest point of the roof line of a flat roof, to the deck line of mansard roof, and to the
mean height level (midpoint) between eaves and highest ridge point for gable, hip or
gambrel roof; as specified in the Virginia Building Code (VSBC).
2. Exceptions
(a) Maximum height on RM and
RH district lots shall be
reduced to 15 feet within 12
feet of side (interior) lot lines
adjacent to the RL, RM and
RH districts, subject to
applicable required, side
(interior) yards as specified in
§3.6.1.
(b) Church spires and similar
integral towers may extend above maximum height specified in the respective
district by up to 20 feet.
(c) Parapet walls may extend above the maximum height specified in the respective
district by up to five feet.
(d) Freestanding telecommunications towers may exceed the maximum height
specified in the respective district.
(e) Chimneys attached to single-family, detached dwelling may extend above the
maximum height specified in the respective district by up to three feet.
B. Stories
1. A story is that portion of a building included between the underlayment or slab floors;
or, if there be no floor above it, then the space between such underlayment or slab
floors, exclusive of surface materials, and the ceiling next above it.
2. Berming will not result in the creation of additional stories not otherwise allowed.
3. Any basement that has any wall three feet above ground shall be counted as a story.
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§1.5 Measurements and Exceptions Chapter 110. Article 1. Introductory Provisions
§1.5.12 Required yards (setbacks)
Adopted 7/12/2016 Zoning Ordinance
1-8 City of Fairfax, Virginia
C. Telecommunications towers or structures
Telecommunications tower or structure height is measured from ground level to the highest
point on the telecommunications tower or structure, even if said highest point is an antenna.
D. Amateur radio and receive-only antennas
Antenna height is measured from ground level to the highest point on the antenna.
E. Fences or walls
1. Measurement
(a) Fence or wall height is measured as the vertical distance between finished grade
on the highest side of the fence or wall to the top of the fence or wall, rather than
to the top of the fence or wall post or columns.
(b) When a fence or wall is installed at or near the top of a retaining wall, the fence or
wall height measurement shall include only the fence or wall in cases where the
fence or wall is installed into the ground behind the top of the retaining wall.
(c) Where the fence or wall is mounted directly on the retaining wall, both the
retaining wall and the fence or wall shall be included in the height measurement.
2. Exception
(a) Fence posts, lighting, finials, or other vertical supports or decorative features as
defined by the zoning administrator may exceed the maximum height of any fence
or wall by not more than 12 inches, provided that such features are spaced at
least four feet apart, except for such posts or other features surrounding gates or
other entryways.
(b) Fence or wall height shall include hand rails and similar safety barriers.
(c) These measurement requirements shall not be interpreted to apply to pergolas,
arbors, or similar decorative entranceway or landscaping features.
§1.5.12. Required yards (setbacks)
A. General
1. There are four types of required yards – front, side (street), side (interior), and rear
yards.
2. Every part of every required yard shall be open and unobstructed above the general
ground level of the graded lot upward to the sky except as expressly allowed in
§1.5.12.D.3(b).
3. No part of a required yard shall be included as a part of a yard similarly required for
another structure or use.
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Chapter 110. Article 1. Introductory Provisions §1.5 Measurements and Exceptions
§1.5.12 Required yards (setbacks)
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 1-9
B. Front yards
1. Measurement
Depth of a required front yard shall be measured at right angles from the edge of the
right-of-way to the closest point of the building or structure in such a manner that the
yard established is a strip of the
minimum depth required by
district regulations with its inner
edge parallel to the front lot line,
and extending along the full
length of the street frontage.
2. Corner lots
On corner lots, the front lot line is
the lot line with the shortest
street frontage.
3. Through lots
On through lots, the front lot line
shall be the lot line abutting the
street from which access is taken.
The lot line (opposing) that is
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§1.5 Measurements and Exceptions Chapter 110. Article 1. Introductory Provisions
§1.5.12 Required yards (setbacks)
Adopted 7/12/2016 Zoning Ordinance
1-10 City of Fairfax, Virginia
parallel to the front lot line will be considered a rear lot line.
C. Side yards
1. Measurement
Width of a required side
(street) yard and side (interior)
yard shall be measured from
the side lot lines in such a
manner that the yards
established are strips of the
minimum width required by
district regulations with its
inner edge parallel to the side
(street) yard and side (interior)
yard, as appropriate.
2. Corner lots
On corner lots,
(a) All lot lines not adjacent
to a street shall be
considered side (interior) lot lines; and
(b) The side (street) lot line shall be the lot line with the longest street frontage.
D. Rear yards
1. Measurement
Depth of a required rear yard shall be measured from the rear lot line in such a manner
that the yard established is a strip of the minimum width required by district
regulations with its inner edge parallel
with the rear lot line.
2. Corner lots
On corner lots, no rear yard shall be
required.
3. Exceptions
(a) On through lots, the lot line that
is parallel to the front lot line will
be considered a rear lot line.
(b) When an existing nonconforming
structure encroaches into the
otherwise required rear yard,
additions to that nonconforming
structure may also encroach, but
no further and no higher than the
nonconforming structure.
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Chapter 110. Article 1. Introductory Provisions §1.5 Measurements and Exceptions
§1.5.12 Required yards (setbacks)
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 1-11
E. Permitted encroachments
PERMITTED REQUIRED YARD ENCROACHMENTS
OBSTRUCTION/PROJECTION INTO REQUIRED YARD (SETBACKS) FRONT
SIDE
(STREET)
SIDE
(INTERIOR) REAR
Accessory structures and buildings up to 12 feet in height, provided such structure or building shall be
behind the front and side (street) building line and at least 5 feet from any side (interior) or rear lot line
Basement egress windows
Bay windows, eaves, chimneys, porches, stoops, covered entryways, awnings, canopies, balconies,
decks raised above ground level, and similar features of a principal dwelling may not project more
than 3 feet beyond any required front, side (street), or rear building line
Driveways may encroach into required yards, provided that to the extent practicable, they extend
across rather than along the required yard(s
Driveways for RL, RM and RH district uses may be located within side (interior) yard provided a
minimum setback of 5 feet is maintained
Fences and walls in accordance with §4.7
Landscaping in accordance with §4.5
Mechanical equipment, such as HVAC units, provided it remains at least 2 feet from the lot line and as
long as the equipment is in compliance with the noise requirements of §4.14.4
Patio, terrace, or deck, unroofed and completely unenclosed, with its floor no higher than that of the
ground floor entry of the principal dwelling other than multifamily may extend into any required side or
rear yard, but not nearer than 5 feet to any side or rear lot line
Sidewalks and steps used to ascend and descend porch, stoop, entryway, balcony or deck
Signs in accordance with §4.6
Sills, cornices and similar ornamental features may project not exceeding 18 inches beyond any
required setback or building line, except as otherwise provided herein
Sheds and similar one-story storage structures accessory to residential uses other than multifamily
and not exceeding 80 square feet in area, and not exceeding 8 feet 6 inches in height, and with
foundation, if any, not exceeding four inches thick may be located in any part of any side (interior) or
rear yard behind the rear wall of the principal dwelling
Statues, basketball standards or flagpoles accessory to residential uses other than multifamily
Porches, covered accessory to residential uses other than multifamily may extend a distance of not
more than 10 feet into the required front yard
Terraces, uncovered porches and ornamental features accessory to residential uses other than
multifamily, provided, these projections shall be at least 5 feet from any lot line
Wheelchair ramps accessory to residential uses other than multifamily to facilitate wheelchair access
for the disabled, may extend a distance as needed into any required yard
F. Exceptions
1. Front and street (side), required
(a) General
Where the street right-of-way is less than 50 feet wide, the building line shall be
measured from the established centerline of the adjacent street as follows:
DISTRICT
MINIMUM DISTANCE OF BUILDING LINE FROM
ESTABLISHED RIGHT-OF-WAY CENTERLINE
FRONT SIDE (STREET)
RL 65 55
RM 50 45
RH 45 40
CL 50 75
CO 60 60
CR 55 55
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§1.6 Transitional Provisions Chapter 110. Article 1. Introductory Provisions
§1.5.13 Lot width
Adopted 7/12/2016 Zoning Ordinance
1-12 City of Fairfax, Virginia
(b) IL and IH district
The front and side (street) yard shall be measured from the established centerline
of the street right-of-way, plus 25 feet.
(c) Pipestem lots
Pipestem lots are prohibited by the city’s subdivision regulations. The pipestem
portion of any existing pipestem lot shall not be included in the required front
yard.
§1.5.13. Lot width
A. Measurement
Lot width shall be
measured by the
distance between
the side lot lines
(generally running
perpendicular to a
street), measured at
the rear edge of the
required front yard
along the building
line parallel to the
front of the
property line
§1.5.14. Signs measurements
A. Sign area: See §4.6.5.A.
B. Sign height: See §4.6.5.B.
§1.6. TRANSITIONAL PROVISIONS
The following transitional provisions shall apply to various activities, actions and other matters pending
or occurring on the effective date of this chapter.
§1.6.1. Completion of development
A. Development review applications that were submitted in complete form and are pending
approval on the effective date of this chapter [October 1, 2016] shall be reviewed wholly
under the terms of the zoning ordinance in effect immediately before the effective date
specified in §1.2. Building permits for construction and development approved under such
zoning approvals may be issued, subject to the terms of such approval.
B. Any building, use, development or sign for which a permit was lawfully approved before the
effective date of this chapter [October 1, 2016] may be completed in conformance with any
approved permit or other approval, subject to the terms of such permit or approval. If the
building, development or sign is not completed within the time allowed under the original
permit or approval, then the building, development or sign may be constructed, completed
or occupied only in strict compliance with this chapter.
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Chapter 110. Article 1. Introductory Provisions §1.6 Transitional Provisions
§1.6.2 Conforming uses and structures
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 1-13
C. A proposed development with an application that is complete and pending approval and has
not been scheduled for public hearing on the effective date of this chapter may be reviewed
under the terms of this chapter provided the applicant withdraws the pending application
and submits a new application in accordance with the provisions of this chapter.
§1.6.2. Conforming uses and structures
A. Special uses
1. Any use or structure existing prior to the effective date of this chapter that would be
permitted by this chapter by special use permit in the district in which it is located, may
be continued as if a special use permit had been approved, provided that any use,
structural or other changes shall comply with the provisions of this chapter.
2. Any expansion or change of such use beyond conditions placed on the approval shall
require a new special use approval in compliance with the procedures of §6.7.
3. Any use or structure existing prior to the effective date of this chapter that is subject to
time limitations or expiration requirements shall continue to be subject to such time
limitations or expiration requirements.
B. Planned developments (PD)
1. Any PD development plan, including “general development plans” and “planned
development plans,” lawfully approved prior to the effective date of this chapter shall
continue to be valid after the effective date. Development shall be permitted in
accordance with an approved development plan, including any associated proffers
and/or conditions of approval. Such plans shall comply with the requirements of this
chapter, provided that in the event of any inconsistency between an approved
development plan and the requirements of this chapter, development in accordance
with the approved development plan shall be permitted.
2. Any changes to a previously approved development plan (referred to as a “master
development plan” in this chapter) shall be subject to the planned development review
requirements of §6.6.
C. Variances and special exceptions
Any variance or special exception lawfully approved prior to the effective date of this chapter
[October 1, 2016] shall continue to be valid after the effective date. Development in
accordance with an approved variance or special exception shall comply with the
requirements of this chapter, provided that in the event of any inconsistency between an
approved variance or special exception and the requirements of this chapter, development in
accordance with the approved variance or special exception shall be permitted.
D. Proffers
Any use or structure existing prior to the effective date of this chapter that is subject to a
proffer(s) shall continue to be subject to such proffer(s).
§1.6.3. Violations continue
Any violation of the previous zoning ordinance shall continue to be a violation under this chapter
and shall be subject to penalties and enforcement under Article 8, unless the use, development,
construction or other activity expressly complies with the current terms of this chapter.
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§1.6 Transitional Provisions Chapter 110. Article 1. Introductory Provisions
§1.6.4 Nonconformities
Adopted 7/12/2016 Zoning Ordinance
1-14 City of Fairfax, Virginia
§1.6.4. Nonconformities
Any legal nonconformity under the previous zoning ordinance shall be considered a
nonconformity under this chapter, provided the situation that resulted in the nonconforming
status under the previous regulations continues to exist. Such nonconformity may continue in
accordance with the provisions of Article 7, Nonconformities. If, however, a nonconformity under
the previous ordinance becomes conforming as a result of the adoption of this chapter or any
subsequent amendment to this chapter, then such situation shall no longer be considered a
nonconformity.
§1.6.5. Use permits
All use permits issued prior to the effective date of this chapter [October 1, 2016] and remaining
valid on that date shall be considered to fulfill the requirement for a zoning permit pursuant to
§6.20.
§1.6.6. District conversion
The zoning district names in effect prior to the effective date of this chapter are amended as
shown below.
Previous Designation New Designation
RESIDENTIAL DISTRICTS
R-1 Residential RL Residential Low
R-2 Residential RM Residential Medium
R-3 Residential RH Residential High
R-T6 or RT6 Townhouse RT-6 Residential Townhouse
R-T Townhouse RT Residential Townhouse
RM Multifamily RMF Multifamily
NONRESIDENTIAL DISTRICTS
C-1L Limited Office CL Commercial Limited
C-1 Office Commercial CO Commercial Office
C-2 Retail Commercial CR Commercial Retail
-- -NEW- CU Commercial Urban
C-3 General Commercial CG Commercial General
I-1 Industrial IL Industrial Light
I-2 Industrial IH Industrial Heavy
OVERLAY DISTRICTS
-- Old Town Fairfax Redevelopment Option -- -DELETED-
-- Architectural Control Overlay -- Architectural Control Overlay
-- Highway Corridor Overlay -- -DELETED-
-- Old Town Fairfax Historic Overlay -- Old Town Fairfax Historic Overlay
-- Fairfax Public School Historic Overlay -- Fairfax Public School Historic Overlay
-- Blenheim Historic Overlay -- Blenheim Historic Overlay
-- John C Wood House Historic Overlay -- John C Wood House Historic Overlay
-- Old Town Fairfax Transition Overlay -- Old Town Fairfax Transition Overlay
PLANNED DEVELOPMENT DISTRICTS
RPD Residential Planned Development PD-R Planned Development Residential
P-D Planned Development PD-M Planned Development Mixed Use
CPD Commercial Planned Development PD-C Planned Development Commercial
-- -NEW- PD-I Planned Development Industrial
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Chapter 110. Article 1. Introductory Provisions §1.6 Transitional Provisions
§1.6.6 District conversion
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 1-15
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Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 2-1
Article 2. Zoning Map
§2.1. ADOPTION OF MAPS
The boundaries of the zoning districts established by this zoning ordinance are depicted on and
maintained as part of the city’s geographic information system (GIS), under the direction of the director
of community development and planning. This “zoning” geographic coverage layer constitutes the City
of City of Fairfax Zoning Map, or simply as “the zoning map”. The zoning map—together with all
notations, references, data and other information shown on the map—is hereby adopted and
incorporated into this zoning ordinance as if actually depicted within its pages.
§2.2. INTERPRETATION OF DISTRICT BOUNDARIES
§2.2.1. General
Where uncertainty exists with respect to the boundaries of any of the districts as shown on the
zoning maps, the zoning administrator, after review of prior ordinances changing zoning districts,
shall determine the precise location of the district boundaries, using the following rules:
A. Boundaries indicated as approximately following the centerlines of streets, highways or alleys
shall be construed to follow such centerlines.
B. Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot lines.
C. Boundaries indicated as approximately following city limits shall be construed as following
such city limits.
D. Boundaries indicated as approximately following the centerlines of streams, rivers, lakes or
other bodies of water shall be construed to follow such centerlines. In the event that a
stream centerline changes or is changed in the future, the boundaries shall remain as
indicated on the zoning map.
E. Boundaries indicated as parallel to or extensions of features indicated in §2.2.1.A through
§2.2.1.D, above, shall be so construed.
F. Where a district boundary divides a lot or where distances are not specifically indicated on
the zoning map, the boundary shall be determined by measurement, using the scale of the
zoning map.
§2.2.2. Split-zoned lots
A. The zoning map may not be amended to classify a single lot of land into two or more general
zoning districts. This provision does not apply to overlay zoning districts.
B. Lots may not be divided to create a split-zoned lot of land (into more than one general zoning
district classification). This provision does not apply to overlay zoning districts.
C. If an existing lot is (currently) split into two or more zoning districts, each such portion of the
split-zoned parcel may be used only for purposes allowed within the respective zoning
district. No principal or accessory use of land, building or structure, and no use or building or
structure authorized by special use permit or special exception is allowed unless the use,
building or structure is expressly authorized or permitted within the subject district.
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§2.2 Interpretation of District Boundaries Chapter 110. Article 2. Zoning Map
§2.2.2 Split-zoned lots
Adopted 7/12/2016 Zoning Ordinance
2-2 City of Fairfax, Virginia
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Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-1
Article 3. Zoning Districts and Regulations
§3.1. GENERAL PROVISIONS
After the effective date of this chapter, no structure shall be erected, no existing structure shall be
moved, altered, or enlarged, nor shall any land or structure be used for any purpose not specifically
permitted by this chapter in the district in which the structure or land is located.
§3.2. DISTRICTS ESTABLISHED/PURPOSE STATEMENTS
There are hereby established the following districts in the city for the general purposes indicated below:
§3.2.1. General districts
The general districts established and described below are arranged in a hierarchy from the most
restrictive to the least restrictive.
A. Residential districts
1. RL, Residential Low
The RL, Residential Low District is established to provide
areas for single-family detached residences with a minimum
lot area of 20,000 square feet.
2. RM, Residential Medium
The RM, Residential Medium District is established to
provide areas for single-family detached residences with a
minimum lot area of 7,500 square feet.
3. RH, Residential High
The RH, Residential High District is established to provide
areas for single-family detached residences with a minimum
lot area of 6,000 square feet.
4. RT-6, Residential Townhouse
The RT-6, Residential Townhouse district is intended to
maintain the character of low-density residential areas by
providing for the development of townhouses with
adequate open space to serve the needs of its residents.
5. RT, Residential Townhouse
The RT, Residential Townhouse District is established to provide areas for townhouse
residences.
6. RMF, Multifamily District
The RMF, Multifamily District is established to provide areas for multifamily residences.
B. Nonresidential districts
1. Commercial districts
(a) CL, Commercial Limited
The CL, Commercial Limited District is established to provide limited, low intensity
office development as a transitional use between residential and commercial
GENERAL
DISTRICT
HIERARCHY
(MOST
RESTRICTIVE TO
LEAST
RESTRICTIVE)
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§3.2 Districts Established/Purpose Statements Chapter 110. Article 3. Zoning Districts and Regulations
§3.2.2 Overlay districts
Adopted 7/12/2016 Zoning Ordinance
3-2 City of Fairfax, Virginia
areas. Office buildings in the district should have height and character that are
compatible with residential development and which will not adversely affect
nearby residential communities.
(b) CO, Commercial Office
The CO, Commercial Office District is established to provide areas for offices for
business, governmental and professional uses, and uses accessory or
complementary thereto.
(c) CR, Commercial Retail
The CR, Commercial Retail District is established to provide areas for office and
general business and retail establishments, and uses accessory or complementary
thereto.
(d) CU, Commercial Urban
The CU, Commercial Urban District is established to provide an urban, mixed use
development option for appropriate parts of the downtown area and sites in the
general vicinity of the three key Fairfax Boulevard intersections: Main Street,
Chain Bridge Road, and Old Lee Highway, or as may be more precisely specified by
a current or future adopted plan.
(e) CG, Commercial General
The CG, Commercial General District is established to provide areas for office,
general retail, automobile-related uses, and uses accessory or complementary
thereto.
2. Industrial districts
(a) IL, Industrial Light
The IL, Industrial Light District is established to provide areas for light industrial
use.
(b) IH, Industrial Heavy
The IH, Industrial Heavy District is established to provide areas for general
industrial uses.
§3.2.2. Overlay districts
A. Historic overlay districts
Historic overlay districts are established to promote the general welfare, education and
recreational pleasure of the public through the establishment, preservation and protection of
the character of individual structures and properties of historical, architectural and cultural
significance within these districts. Regulations applicable to structures and properties within
historic overlay districts are intended to protect against the destruction of or encroachment
upon such areas, structures and premises; to encourage uses which will lead to their
continuance, conservation and improvement in a manner appropriate to the preservation of
the cultural, social, economic, political and architectural heritage of the city; to prevent
creation of environmental influences adverse to such purposes; and to ensure that new
structures and uses within such districts will be consistent with the character to be preserved
and enhanced.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.2 Districts Established/Purpose Statements
§3.2.3 Planned development districts
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-3
1. Old Town Fairfax Historic Overlay District
The Old Town Fairfax Overlay District is established to encourage a compatible mixture
of residential, retail and office uses within the district.
2. Fairfax Public School Historic Overlay District
There is hereby created a historic overlay district to be known as the Fairfax Public
School Historic Overlay District, the boundaries of which are set forth on the city's
official zoning map.
3. Blenheim Historic Overlay District
There is hereby created a historic overlay district to be known as the Blenheim Historic
Overlay District, the boundaries of which are set forth on the city's official zoning map.
4. John C. Wood House Historic Overlay District
There is hereby created a historic overlay district to be known as the John C. Wood
House Historic Overlay District, the boundaries of which are to be set forth on the city's
official zoning map.
B. Other overlay districts
1. Old Town Fairfax Transition Overlay District
The Old Town Fairfax Transition Overlay District is established to encourage a
compatible mixture of residential, retail and office uses within the designated
transition area in a manner which complements the scale, siting and design of the Old
Town Fairfax Historic Overlay District.
2. Architectural Control Overlay District
The Architectural Control Overlay District is established to encourage the construction
of attractive buildings, to protect and promote the general welfare and to prevent
deterioration of the appearance of the city, to make the city more attractive for the
development of business and industry, and to protect land values.
§3.2.3. Planned development districts
A. PD-M, Planned Development Mixed Use
The PD-M, Planned Development Mixed Use District is intended to provide for coordinated
mixed use developments which may include residential and nonresidential uses within a
planned development with appropriate boundary transitional yards (§4.5.5) and recreation
and open space (§3.8.7). The variety of land uses available in this district allows flexibility to
respond to market demands and the needs of tenants, which provides for a variety of
physically and functionally integrated land uses.
B. PD-R, Planned Development Residential
The PD-R, Planned Development Residential District is intended to provide for planned
residential communities containing a mix of housing types, including associated amenities,
with appropriate boundary transitional yards (§4.5.5), and recreation and open space
(§3.8.7). This district is intended for planned residential projects that require additional
flexibility not available in the residential districts.
C. PD-C, Planned Development Commercial
The PD-C, Planned Development Commercial District is intended to enhance the design of a
commercial development by allowing for additional flexibility not available in the
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§3.3 Allowed Uses Chapter 110. Article 3. Zoning Districts and Regulations
§3.3.1 Principal use table
Adopted 7/12/2016 Zoning Ordinance
3-4 City of Fairfax, Virginia
nonresidential districts. The district provides appropriate boundary transitional yards (§4.5.5)
and allows for innovations and special features in site development, including the location
and type of structures, the conservation of natural features, the conservation of energy, and
the efficient use of recreation and open space (§3.8.7). PD-C districts protect adjacent uses
with appropriate boundary transitional yards (§4.5.5).
D. PD-I, Planned Development Industrial
The PD-I, Planned Development Industrial District is intended to provide a means of achieving
unified industrial complexes of high quality to promote amenities beyond those expected
under conventional techniques, to achieve greater flexibility in design, to encourage well-
planned industrial developments that provide for community needs, to provide for
appropriate use of land which is significantly unique in its physical characteristics, location or
other circumstances to warrant special methods of development, and to allow the expansion
of existing industrial areas while safeguarding and maintaining the integrity of surrounding
uses, especially those of a residential nature. PD-I districts protect adjacent uses with
appropriate boundary transitional yards (§4.5.5).
§3.3. ALLOWED USES
§3.3.1. Principal use table
The principal use table is subject to the explanation as set forth below.
A. Key to types of use
1. Permitted
A ”P” indicates that a use is permitted in the respective district subject to the specific
use standards in §3.5, and the zoning permit requirements of §6.20. Such uses are also
subject to all other applicable requirements of this chapter.
2. Special use review
An “S” Indicates that a use that may be permitted in the respective general use district
only where approved by the city council in accordance with §6.7, and the zoning permit
requirements of §6.20. Special uses are subject to all other applicable requirements of
this chapter, including the specific use standards contained in §3.5.
3. Specific use standards
The “Specific Use Standard” column on the table is a cross-reference to any specific use
standard listed in §3.5. Where no cross-reference is shown, no additional use standard
shall apply.
4. Use types/use groups
The “Use Types/Use Groups” column on the table lists specific uses and use groups
allowed in the respective districts. Use groups are identified by the asterisk (*)
following a use type. See §3.4.1 for more information regarding use groups.
5. Uses not permitted
A blank cell in the principal use table indicates that a use is not allowed in the
respective district.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.3 Allowed Uses
§3.3.1 Principal use table
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-5
B. Principal uses
The following table lists the principal uses permitted by this chapter for general use districts.
For overlay districts, see §3.7; for planned development districts, see §3.8; and for accessory
uses, see §3.5.5; and for temporary uses, see §3.5.6.
RESIDENTIAL NONRESIDENTIAL SPECIFIC
USE
STANDARDS USE TYPES/USE GROUPS*
R
L
R
M
R
H
RT
-6
R
T
R
MF
C
L
C
O
C
R
C
U
C
G
I
L
I
H
P = PERMITTED / S = SPECIAL USE (§6.7) / * = GROUP OF USES (§3.4.1)
RESIDENTIAL
Single-family detached P P P P P §3.5.1.A
Single-family attached P P §3.5.1.B
Duplexes P P
Townhouses P P P S §3.5.1.C
Multifamily P S S
Upper story residential/mixed uses S S S S S §3.5.1.D
PUBLIC, CIVIC AND INSTITUTIONAL USES
Adult day care S S S S S S S P P P P
Assisted living facilities S S S S S P P P S P
Auditoriums or arenas S S S S
Cemeteries S S S S S
Colleges and universities S S S S S S S S S S
Community services* S S S P P S P
Congregate living facilities S S S S S P S S §3.5.2.A
Day care centers S S S S S S S P P P P §3.5.2.B
Detention facilities or jails S S S
Government uses (other than those listed) S S S S S S S P P P P P P
Group homes/statutory P P P P P §3.5.2.C
Hospitals S S S S S §3.5.2.D
Medical care facilities* S S P P P §3.5.2.E
Nursery schools S S S S S S P P P P P §3.5.2.F
Nursing homes S S S S S P P P S P
Parks and open areas* S S S S S S P P P
Religious institutions* S S S S S S S S S S §3.5.2.G
Schools, elementary, middle, high S S S S S S S S S §3.5.2.H
Social service delivery S S P P P §3.5.2.I
Utilities, minor* P P P P P P P P P P P P
Utilities, major* S S S S S S S S S S S
Telecommunications facilities S S S S S S S S S S S S S §3.5.2.J
Telecommunications antenna on existing
structures and towers P P P P P P P P P P P P P §3.5.2.J
COMMERCIAL USES
Adult uses S §3.5.3.A
Amusement centers S S S
Animal care facilities S S P P P §3.5.3.B
Auction houses S §3.5.3.C
Art galleries or studios S S S P P P P P
Bed and breakfasts S S S S S S S §3.5.3.D
Brewpubs P P P P P P P
Building supplies and lumber sales P S P P P
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§3.4 Use Regulations Chapter 110. Article 3. Zoning Districts and Regulations
§3.4.1 Use Interpretation
Adopted 7/12/2016 Zoning Ordinance
3-6 City of Fairfax, Virginia
RESIDENTIAL NONRESIDENTIAL SPECIFIC
USE
STANDARDS USE TYPES/USE GROUPS*
R
L
R
M
R
H
RT
-6
R
T
R
MF
C
L
C
O
C
R
C
U
C
G
I
L
I
H
P = PERMITTED / S = SPECIAL USE (§6.7) / * = GROUP OF USES (§3.4.1)
Catering and delivery P P P P
Convenience stores S P P P P P
Fuel stations S P P P
Funeral homes P P P P
Furniture and appliance stores P P P P
Grocery stores P S P S
Hotels, extended-stay S P S §3.5.3.E
Hotels/motels S P S
Offices, general* P P P P P P P
Offices, medical* P P P P P P P
Parking, commercial S S S
Parking, municipal P P P P
Plant nurseries and greenhouses S S S P P
Private clubs S S S S S S
Recreation, indoor* S S S S S S
Recreation, outdoor* S S S S S S
Restaurants or food services P P P P P P P §3.5.3.F
Retail, general* P P P P P
Schools, technical, trade, business P P P P P P §3.5.3.G
Services, general* P P P P P
Services, personal* P P P P P P P
Theaters S S S
Tobacco and smoke shops P P P P P P P §3.5.3.H
Vehicle parts stores P P P
Vehicle repair* P P P §3.5.3.J
Vehicle sales and leasing* S S S §3.5.3.I
Vehicle service* S P P P §3.5.3.J
INDUSTRIAL USES
Crematoriums S S
Fuel sales, residential P P §3.5.4.A
Manufacturing, general* S §3.5.4.B
Manufacturing, heavy* S
Manufacturing, limited* P P
Petroleum storage and distribution S
Research and development* S S P P
Self-service storage facilities S P
Vehicle storage and towing P P §3.5.4.E
Warehouse and freight movement* P
Waste service* S S §3.5.4.F
§3.4. USE REGULATIONS
§3.4.1. Use Interpretation
A. Grouping of uses
As set forth in the principal use table (see §3.3.1) certain uses are grouped together based on
common functional, product, or physical characteristics. Characteristics include the type and
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Chapter 110. Article 3. Zoning Districts and Regulations §3.4 Use Regulations
§3.4.1 Use Interpretation
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-7
amount of activity, the type of customers, how goods or services are sold or delivered, likely
impact on surrounding properties, and site conditions. Grouping of uses provides a
systematic basis for assigning uses to appropriate general use districts. Any use not
specifically set forth in this chapter is expressly prohibited, unless determined otherwise as
set forth in §3.4.1.B, below.
B. Similar use interpretation
1. Any use not specifically listed in this chapter is expressly prohibited, unless the zoning
administrator determines in accordance with written interpretations provisions of
§6.19, that the use is similar to a permitted individual use or permitted group of uses as
listed in this chapter. Where such similar permitted individual use or permitted group
of uses is subject to a use standard contained in this article or special use review, the
proposed use shall also be subject to such standard or approval. The zoning
administrator shall not amend this chapter by adding to or eliminating any use
standard for the proposed use.
2. Where a use not listed is found by the zoning administrator not to be similar to any
other permitted individual use or permitted group of uses, the use shall be permitted
only following a text amendment in accordance with §6.3.
3. When considering the appropriate districts for a use not listed in the principal use table
(See §3.3.1), the district purpose statements (see §3.2) shall be taken into
consideration.
4. Determination of an appropriate group of uses for a proposed use not currently listed
shall be made by applying the following criteria.
(a) The actual or projected characteristics of the use in relationship to the stated
characteristics of each use category.
(b) The relative amount of site area or floor area and equipment devoted to the use.
(c) Relative amounts of sales from each use.
(d) The customer type for each use.
(e) The relative number of employees in each use.
(f) Hours of operation.
(g) Building and site arrangement.
(h) Types of vehicles used and their parking requirements.
(i) The relative number of vehicle trips generated.
(j) Signs.
(k) How the use is advertised.
(l) The likely impact on surrounding properties.
(m) Whether the use is likely to be found independent of the other activities on the
site.
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§3.4 Use Regulations Chapter 110. Article 3. Zoning Districts and Regulations
§3.4.1 Use Interpretation
Adopted 7/12/2016 Zoning Ordinance
3-8 City of Fairfax, Virginia
C. Developments with multiple principal uses
1. Except as set forth in §3.4.2, Complexes, no more than one principal building or use
may be erected on a single lot of record.
2. When all principal uses of a development fall within one use group, the entire
development shall be assigned to that use group.
3. When the principal uses of a development fall within different groups of uses or no
group of uses, each principal use shall be classified in the applicable group of uses or
treated as an individual use and each use shall be subject to all applicable regulations
for that group of uses or individual use.
4. A development comprised of uses regulated by separate rows on the principal use
table (§3.3.1) shall be reviewed using the most restrictive process from among the
proposed uses.
5. Where a use requiring approval as a special use lies on a separate legal parcel, only the
building containing the use and its separate parcel shall be subject to review, not the
entire project. However, where the separate legal parcel is an “outparcel” (a separate
legal parcel on the same site) the application shall describe the relationship of such
outparcel to the remaining site.
D. Uses not grouped
As set forth in the principal use table (§3.3.1), due to their specific nature and characteristics,
certain uses have not been grouped. Individual uses may be defined in Article 9.
E. Public, civic and institutional use groups
1. Community services
Uses of a public, nonprofit, or charitable nature providing local service to people of the
community. Generally, they provide the service on-site or have employees at the site
on a regular basis. The service is ongoing, not just for special events. Community
services or facilities that have membership provisions are open to the general public to
join at any time (for instance, any senior citizen could join a senior center). The use
may provide special counseling, education, or training of a public, nonprofit or
charitable nature. Examples include, libraries, museums, neighborhood or community
centers, senior centers, and youth club facilities. Community service does not include
private clubs.
2. Medical care facilities
Facilities providing medical care or surgery to patients, which may or may not offer
overnight care, such as urgent care facilities, or surgical centers. Surgical centers are
outpatient facilities that offer surgery using general anesthesia or deep sedation.
Medical care facilities does not include hospitals or medical offices, except accessory to
other permitted uses.
3. Parks and open areas
Uses focusing on natural areas consisting mostly of open vegetation, passive or active
outdoor recreation areas, or community gardens, and having few structures. Parks and
open areas shall include the following: golf courses; clubhouses and grounds;
swimming pools, public and community; tot lots and playgrounds; mini-parks; plazas;
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Chapter 110. Article 3. Zoning Districts and Regulations §3.4 Use Regulations
§3.4.1 Use Interpretation
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-9
squares; greens; neighborhood parks; botanical gardens; nature preserves and
recreation trails; or any similar use.
4. Religious institutions
Places of assembly that provide meeting areas for religious practice. Religious
institutions shall include the following: churches, mosques, synagogues, temples, or
any similar use.
5. Utilities, major
Large-scale utility facilities, such as water or wastewater treatment plants, water tanks,
electrical generation plants and substations, telephone exchanges, transmission
facilities or any similar use.
6. Utilities, minor
All utility facilities not considered major, including, but not limited to neighborhood-
serving facilities such as pump stations, lift stations, stormwater detention facilities, or
any similar use.
F. Commercial use groups
1. Animal care facilities
A place where animals are cared for. Animal care facilities shall include the following:
kennel, veterinary clinic, animal hospital, animal grooming facility or any similar use.
2. Offices, general
An office generally focusing on business, government, professional or financial services.
General office uses shall include the following: advertising office; banks; business
management; consulting; data processing; financial business such as lender,
investment or brokerage house; collection agency; real estate or insurance agency;
professional service such as lawyer, accountant, bookkeeper, engineer, or architect;
sales office, travel agency or any similar use; and television and radio stations (without
towers). General office does not include hospitals, medical offices or medical care
facilities.
3. Offices, medical
An office in which at least one doctor, dentist, psychiatrist, physician’s assistant, nurse
practitioner or similar medical provider treats or provides patients with counseling
services. Medical office does not include medical care facilities. Medical office may not
exclude a use based solely on the type of outpatient treatment or outpatient
procedures provided there, except for those uses listed as medical care facilities.
Medical office does not include speech therapy, tutoring, or marriage counseling.
4. Recreation, indoor
Amusement or recreational activities carried on wholly within a building, including
bowling alleys, day spas, gymnastic centers, ice or roller skating, gymnastics centers,
health clubs, lazer tag, tennis, and indoor activities of a similar nature. Indoor
recreation does not include an adult uses or amusement centers.
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§3.4 Use Regulations Chapter 110. Article 3. Zoning Districts and Regulations
§3.4.1 Use Interpretation
Adopted 7/12/2016 Zoning Ordinance
3-10 City of Fairfax, Virginia
5. Recreation, outdoor
Any recreational facility where activity takes place primarily outdoors, including
amusement parks, batting cages, driving ranges, tennis courts, miniature golf courses,
or similar outdoor facilities.
6. Restaurants or food services
An establishment engaged in the preparation and retail sale of food and/or beverages
for on or off-premise consumption to persons not residing on the premise and where
the design or principal method of operation consists of one or more of the following:
(a) Restaurant, fast food: an establishment where the principal business is the sale of
food and non-alcoholic beverages to the customer in a ready-to-consume state
and where the design or principal method of operation is that of a fast-food or
drive-in restaurant offering quick food service, where orders are generally not
taken at the customer's table, where food is generally served in disposable
wrapping or containers, and where food and beverages may be served directly to
the customer in a motor vehicle.
(b) Restaurant, general: an establishment where the principal business is the sale of
food and beverages in a ready-to-consume state and where the design or principal
method of operation consists of one or more of the following:
(1) A sit-down restaurant where customers, normally provided with an
individual menu, are generally served food and beverages in non-disposable
containers by a restaurant employee at the same table or counter at which
said items are consumed; or
(2) A cafeteria or cafeteria-type operation where food and beverages generally
are served in non-disposable containers and consumed within the
restaurant; or
(3) A restaurant, which may have characteristics of a fast food restaurant,
having floor area exclusively within a shopping or office center, sharing
common parking facilities with other businesses within the center, and
having access to a common interior pedestrian corridor.
This use may include the on-premise sale and consumption of alcoholic beverages
as an accessory and secondary use, but excludes any service to a customer in a
motor vehicle.
(c) Restaurant, specialty: an establishment primarily engaged in the retail sale of a
limited variety of baked goods, candy, coffee, ice cream or other specialty food
items, which may be prepared for on-premises sale and which may be consumed
on the site, but excluding any service to a customer in an motor vehicle. Typical
uses include retail bakeries, coffee shops, dough shops, and ice cream shops.
(d) Delicatessen: an establishment which sells prepared or cooked meats, smoked
fish, cheeses, salads, relishes, etc., primarily in bulk form as distinguished from
individual servings.
7. Retail, general
A primarily indoor facility involved in the wholesale or retail sale, lease, or rental of
new or used products. General retail includes the selling, leasing or renting of the
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Chapter 110. Article 3. Zoning Districts and Regulations §3.4 Use Regulations
§3.4.1 Use Interpretation
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-11
following goods: antiques; art supplies; bicycles; cameras; cash for gold shops; carpet
and floor coverings; crafts; clothing; computers; dry goods; drug stores; electronic
equipment; fabric; garden supplies; hardware; household products; jewelry; medical
supplies; musical instruments; music; pawn shops; pets; pet supplies; pharmaceuticals;
printed materials; sporting goods; or any similar use. General retail does not include
any adult use.
8. Services, general
A facility involved in providing general or repair services. General services shall include
the following: animal grooming; photocopy; security service; taxidermy; or any similar
use. General services shall also include the following repair services: bicycles; canvas
products; clocks; computers; jewelry; musical instruments; office equipment; radios;
shoes; televisions; furniture; watches or any similar use. General services shall also
include a tailor, milliner, upholsterer or locksmith. General services does not include
any adult use.
9. Services, personal
Establishments primarily engaged in the repair, care, maintenance or customizing of
one’s person or personal property that is worn or carried about the person, or or
relates to a physical component of the person; including barbershops, beauty shops,
clothing rental, fitness training, massage therapy, marriage counseling, music lessons,
physical therapy, psychic or medium, speech therapy, tattoo parlors, tutoring, yoga or
dance studios, and similar places of business.
10. Vehicle sales and leasing
A facility involved in providing direct sales, renting or leasing of motor vehicles,
including light and medium trucks, tractor trailers, recreational vehicles, earthmoving
equipment; construction equipment; farming equipment; and other motor vehicles
such as motorcycles and boats, or any similar use.
11. Vehicle service
A facility involved in providing limited service to passenger vehicles and other small
vehicles. Such minor services are primarily provided while customers wait for their
vehicles. Vehicle service shall include the following: alignment shop; oil change
facilities; brake service, battery sales and installation; car washes; auto detailing and
tire sales and mounting; or any similar use.
12. Vehicle repair
A facility involved in providing repair services to passenger vehicles, light and medium
trucks, tractor trailers, recreational vehicles,; construction equipment; farming
equipment; and other motor vehicles such as motorcycles and boats, or any similar
use.
13. Warehouse and freight movement
A facility involved in the storage or movement of goods for themselves or other firms.
Goods are delivered to other firms or the final consumer with little on-site sales activity
to customers. Warehouse and freight movement shall include the following: bulk
storage, including nonflammable liquids, feed and grain storage; cold storage plants,
including frozen food lockers; household moving and general freight storage; separate
warehouse used by retail store such as furniture or appliance store; bus barn; parcel
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§3.4 Use Regulations Chapter 110. Article 3. Zoning Districts and Regulations
§3.4.1 Use Interpretation
Adopted 7/12/2016 Zoning Ordinance
3-12 City of Fairfax, Virginia
services, mail order facility; stockpiling of sand, gravel, or other aggregate materials;
transfer and storage business where there are no individual storage areas or where
employees are the primary movers of the goods to be stored or transferred; or any
similar use.
G. Industrial use groups
1. Manufacturing, general
A facility conducting manufacturing, which might or might not include some operations
conducted outside. General manufacturing shall include the following: clothing or
textile manufacturing; manufacture or assembly of equipment, instruments (including
musical instruments), appliances, precision items, and electrical items; repair of
scientific or professional instruments and electric motors; sheet metal; welding or
machine shop; woodworking, including cabinet makers and furniture manufacturing; or
any similar use.
2. Manufacturing, heavy
A facility conducting assembly or heavy manufacturing with operations conducted
indoors and outdoors. Heavy manufacturing shall include the following: heavy factory
production; industrial yards; any use that is potentially dangerous, noxious or offensive
to neighboring uses or those who pass on public ways by reason of smoke, odor, noise,
glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter,
interference with radio, television reception, radiation or any other likely cause; animal
processing, packing, treating, and storage; livestock or poultry slaughtering; citrus
concentrate plant; processing of food and related products; production of chemical,
rubber, leather, clay, bone, paper, pulp, plastic, stone, or glass materials or products,
production or fabrication of metals or metal products including enameling and
galvanizing, sawmill; bulk storage of flammable liquids; commercial feed lot; concrete
batching and asphalt processing and manufacture; wrecking, junk or salvage yard;
bottling plant; or any similar use.
3. Manufacturing, limited
A facility conducting light industrial and manufacturing operations within a fully
enclosed building, generally serviced by trucks no longer than 24 feet in length. Limited
manufacturing shall include the following: building contractors; building maintenance
service; bulk mailing service; clothing or textile manufacturing; exterminator; laundry
or dry cleaning plant; medical or dental laboratory; photo-finishing laboratory; printing,
publishing, and lithography; production of artwork and toys; sign-making; lawn mower
repair; movie production facility; photo-finishing laboratory; welding, machine, tool
repair shop or studio; or any similar use.
4. Research and development
A facility focused primarily on the research and development of new products.
Research and development shall include: laboratories, offices, and other facilities used
for research and development by or for any individual, organization, or concern,
whether public or private; prototype production facilities that manufacture a limited
amount of a product in order to fully investigate the merits of such a product; pilot
plants used to test manufacturing processes planned for use in production elsewhere;
production facilities and operations with a high degree of scientific input; facilities and
operations in which the input of science, technology, research, and other forms of
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Chapter 110. Article 3. Zoning Districts and Regulations §3.4 Use Regulations
§3.4.2 Complexes
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-13
concepts or ideas constitute a major element of the value added by manufacture per
unit of product.
5. Waste service
A facility that generally receives solid or liquid wastes from others for transfer to
another location, collects sanitary waste, or manufactures a product from the
composting of organic material. Waste-related service shall include the following:
animal waste processing; landfill, incinerator; manufacture and production of goods
from composting organic material; recycling processing center; storage of recyclable
material, including construction material; transfer station; or any similar use.
H. Accessory use groups
1. Retail, convenience
Accessory uses (accessory to otherwise allowed uses) associated and on the same site
or attached to modern, convenience stores and fuel stations. Convenience retail shall
include, restaurants or food service, dry cleaning pick-up and drop-off, car wash
services and any similar use.
2. Services, convenience
Accessory uses (accessory to otherwise allowed) office buildings and uses involved in
providing limited retail and personal services to office workers and businesses and
residents from within the same nonresidential or upper story residential/mixed use
building and not visible outside such use or building. Convenience service shall include
personal services such as barbershops; beauty shops; tanning salons; massage therapy;
delicatessen; dry cleaning and laundry pickup and drop-off; pack and ship facility;
florists; gift shops; display and sales of scientific, electronic or medical equipment of a
type not customarily retailed to the general public; pharmacies or medical supply
services; optical stores and services; newsstands; photographic and photocopy
services; restaurants or food service; refreshment areas; health clubs and any similar
use.
§3.4.2. Complexes
Nonresidential, mixed use, multifamily, townhouse, and duplex building complexes may be
established on a single, unified site, provided that the following requirements are met.
A. Defined
A group of two or more office, commercial, industrial, duplexes, townhouses, multifamily,
and mixed use buildings on site, operating under one name or presenting other elements of a
unified image of identity to the public.
B. General
Complexes shall comply with all applicable development standards as set forth in Article 4,
Site development standards, and all other provisions in this chapter.
C. Uses
Uses within complexes shall be limited to those permitted within the zoning district in which
the complex is located (See §3.3.1, Permitted uses).
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.1 Residential use standards
Adopted 7/12/2016 Zoning Ordinance
3-14 City of Fairfax, Virginia
D. Intensity
The overall intensity of the land use shall be no higher, and the standard of development no
lower, than that permitted in the district in which the complex is located.
E. Required yards (setbacks)
The distance of every building from every property line shall comply with the relative
required yard (setbacks) requirements of the district in which the development is located as
specified in §3.6 (the rear of a building must meet rear yard requirements, the front of the
building must meet front yard requirements, the side of the building must meet side yard
requirements). In no case, however, shall any portion of a building be located closer to a
street than the required minimum front and side (street) yard setback of the zoning district.
F. Building separation
Minimum spacing between buildings in a complex shall be as specified by the fire code or
building code.
§3.5. SPECIFIC USE STANDARDS
§3.5.1. Residential use standards
A. Single-family detached
All conditioned space in the dwelling unit shall be continuous and connected and fully
accessible from all space by all occupants.
B. Single-family attached
All conditioned space in the dwelling unit shall be continuous and connected and fully
accessible from all space by all occupants.
C. Townhouses
1. The first floor shall be located a minimum of 18 inches above finished grade at the
front of the townhouse unit. An elevation change, even as minimal as 18 inches,
provides a degree of privacy, so passing cars and pedestrians do not look directly into
the windows and the occupants' perspective is from above the street.
2. The maximum number of units allowed in a single building is ten.
3. No more than two of any 10 or one of any three to five abutting dwelling units having
the same front yard setback. Varied front yard setbacks shall not be less than two feet
offset from adjoining units as measured at the principal foundation line of each unit
and no setback distance shall be less than the required minimum.
4. Interior (side) yards are not required for interior townhouses, but front and rear yards
shall be provided for all townhouses, and building separation requirements shall be
maintained for all townhouse structures. (See also §3.4.2, Complexes)
5. No townhouse shall be constructed so as to provide direct vehicular ingress or egress
to a collector street or an arterial.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.1 Residential use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-15
D. Upper story residential/mixed uses
1. Use
(a) Upper story residential units are allowed above the ground floor of an upper story
residential/mixed use building as set forth in principal use table (see §3.3.1).
(b) At least 75 percent of the ground floor (floor area) of upper story
residential/mixed use buildings shall be used solely for nonresidential uses. The
remaining 25 percent of the first floor may be used for residential uses and/or
residential accessory uses, such as entry lobbies and amenities.
(c) Lobby and similar areas on the first floor, which serve upper story residential uses,
shall be considered residential accessory uses.
2. Dimensional standards
Upper story residential/mixed use buildings shall adhere to all dimensional standards
of the nonresidential use specified in §3.6.2. (See also §3.4.2, Complexes).
3. Floor height
(a) Ground floor
(1) The average ground floor finished floor elevation shall be equal to, or
greater than the exterior sidewalk elevation in front of the building, to a
maximum finished floor elevation of 18 inches above the sidewalk grade.
(2) The ground floor shall have at least 12 feet of clear interior height (floor to
ceiling) contiguous to the required building line frontage, if any, for a
minimum depth of at least 25 feet.
(3) The maximum story height for the ground floor is 25 feet.
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.2 Public, civic and institutional use standards
Adopted 7/12/2016 Zoning Ordinance
3-16 City of Fairfax, Virginia
(b) Upper story residential/mixed use
At least 80 percent of each upper story shall have an interior clear height (floor to
ceiling of at least nine feet.
§3.5.2. Public, civic and institutional use standards
A. Congregate living facilities
A congregate living facility may be located on the same site or in the same complex as an
assisted living facility or nursing home.
B. Day care centers
1. Licenses and codes
(a) All day care centers shall be State-licensed and obtain a zoning permit pursuant to
the requirements of §6.20.
(b) Such uses shall be subject to the applicable provisions of City Code, chapter 14,
article II, division 2, and Code of Virginia, title 63.2, chapter 17.
2. Dimensional standards
All day care centers shall be located on lots complying with the minimum lot size
requirements of the zoning district in which it is located.
3. Access management
All such uses shall be located with access to an existing or planned public street of
sufficient right-of-way and cross-section width to accommodate pedestrian and
vehicular traffic to and from the use as determined by the zoning administrator. Such
uses shall be located so as to permit the on-site pickup and delivery of persons on the
site.
4. Signs
Notwithstanding other provisions to the contrary, day care centers may have a
monument sign of up to 32 square feet in area, six feet high; and a wall sign of up to 24
square feet.
C. Group homes/statutory
1. Occupancy shall be limited to no more than eight aged, infirm, disabled, mentally ill or
developmentally disabled persons, with one or more resident counselors or other staff
persons. For the purposes of this subsection D, mental illness and developmental
disability shall not include current illegal use of or addiction to a controlled substance
as defined in Code of Virginia § 54.1-3401.
2. Such facilities housing aged, infirm, or disabled persons shall be licensed by the Virginia
Department of Social Services.
3. Such facilities housing mentally ill or developmentally disabled persons shall be
licensed by the Virginia Department of Behavioral Health and Developmental Services.
D. Hospitals
Hospitals may be permitted subject to approval of applicable State Board of Health or other
required state licenses. This does not include medical offices or medical care facilities.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.2 Public, civic and institutional use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-17
E. Medical care facilities
Medical care facilities may be permitted subject to approval of applicable State Board of
Health or other required state licenses. This does not include hospitals or medical offices.
F. Nursery schools
1. Purpose
These standards are intended 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.
2. Screening requirements
Privacy screening at least six feet tall shall be provided along play areas or parking lots
abutting a residential lot. Such screening may be vegetative if it meets the height
requirement. Play area may be required to be fenced or walled 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 chapter.
3. Play areas
(a) Design capacity of nursery schools shall be determined by the available outdoor or
indoor play area, whichever is more restrictive. At least 75 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.
(b) The available outdoor play area shall exclusive of area covered by buildings,
driveways, and parking and loading space. The outdoor play area shall be
completely enclosed with a fence or wall at least four feet high.
(c) The available indoor play area shall consist of the total floor area of rooms used
for classes or playing, exclusive of halls, closets, bathrooms, coat and storage
rooms, kitchen, office, sick child isolation room and living quarters of any staff
who live on the premises.
4. Additional provisions for RT-6, RT, RMF, PD-R, and PD-C districts
(a) In the RT-6, RT, RMF, PD-R, and PD-C districts, a nursery school may not be located
in one or more of the units designed and built to rent or sell as dwelling units.
(b) A nursery school shall not be located directly above any dwelling unit, and shall
not share a party wall with any dwelling unit.
(c) A nursery 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 nursery school entrance and exit. More than one exit may
be required for emergency use.
(d) Play areas shall be completely fenced or walled.
G. Religious institutions
Notwithstanding other provisions to the contrary, religious institutions may have a
monument sign of up to 32 square feet in area, six feet high or and a wall sign of up to 24
square feet.
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.2 Public, civic and institutional use standards
Adopted 7/12/2016 Zoning Ordinance
3-18 City of Fairfax, Virginia
H. Schools, elementary, middle or high
1. Purpose
These standards are intended 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
§3.5.2.H shall be construed to conflict with any state school requirements.
2. Screening requirements
Privacy screening at least six feet tall may be required along play areas or parking lots
abutting a residential lot. Such screening may be vegetative if it meets the height
requirement. Play area may be required to be fenced or walled 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 chapter.
3. Additional provisions for schools in RT-6, RT and RMF districts
(a) In the RT-6, RT and RMF districts, a school may not be located in one or more of
the units designed and built to rent or sell as dwelling units.
(b) A school shall not be located directly above or below any dwelling unit, and shall
not share a party wall with any dwelling unit.
(c) 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.
(d) Play areas shall be completely fenced or walled.
4. Signs
Notwithstanding other provisions to the contrary, schools may have a monument sign
of up to 32 square feet in area, six feet high or a wall sign of up to 32 square feet.
I. Social service delivery
1. General
(a) Overnight accommodations shall not be permitted.
(b) Hours of operation shall be limited to the hours between 6:00am and 10:00pm,
unless further restricted by the city council.
(c) Facilities providing meals for consumption on the premises must provide specified
areas for consuming such meals within buildings.
2. Location
(a) Social service delivery shall not be located within 1,000 feet of any use that sells
alcoholic beverages, unless waived by the city council, and the distribution or
consumption of alcoholic beverages on the premises shall not be permitted. For
the purposes of this provision, distances shall be measured on a straight line from
the structure containing such use to the nearest point of subject property.
(b) Social service delivery shall be located within reasonable proximity to public
transportation.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.2 Public, civic and institutional use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-19
3. Outdoor space
Social service delivery establishments shall provide a reasonable amount of usable
outdoor space in enclosed courtyards, patios or similar areas for the clients of the
social service delivery use. The city council may require screening of any such outdoor
space.
4. Signs
Notwithstanding other provisions to the contrary, social service delivery may have a
monument sign of up to 32 square feet in area, six feet high or a wall sign of up to 32
square feet.
5. Neighborhood impact mitigation
Social service delivery establishments shall be responsible for the mitigation of adverse
impacts on the surrounding neighborhood and uses by:
(a) Preventing loitering on the site during non-operational hours; and
(b) Maintaining the site free of litter.
J. Telecommunications facilities
1. Purpose and intent
(a) General
The intent of these regulations is to minimize the negative impact of
telecommunications facilities, establish a fair and efficient process for review of
applications, assure an integrated, comprehensive review of environmental
impacts of such facilities, and protect the health, safety and welfare of the city.
(b) Collocation
The city will seek to minimize the impact of telecommunication facilities by
requiring, where possible, that providers of telecommunication services:
(1) Locate necessary antennas and equipment on existing structures;
(2) Share facility locations on the same property with other service providers;
(3) Share items such as structural attachments, cable shrouds, equipment
shelters, and equipment cabinet pads with other service providers;
(4) Coordinate with other service providers in the fulfillment of any screening,
landscaping, access and utility requirements; and
(5) Coordinate with other service providers in the digging of trenches or
underground conduits for the placement of any cables or other equipment
under or through any street or right-of-way.
(c) Compatibility with nearby land uses
(1) The city will attempt to ensure compatibility of telecommunications
facilities with nearby land uses by assuring that the providers of
telecommunications services locate telecommunications facilities in the
following areas in descending order of preference:
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.2 Public, civic and institutional use standards
Adopted 7/12/2016 Zoning Ordinance
3-20 City of Fairfax, Virginia
(i) On property that is already developed with a public utility structure
that is at least 90 percent of the height of the proposed
telecommunications facility;
(ii) On property that is already developed with any structure that is at
least 90 percent of the height of the proposed telecommunications
facility;
(iii) In industrial districts;
(iv) In low visibility areas of commercial districts;
(v) In properly buffered and screened residential districts where a clear
need for such facility has been established and no industrial or
commercial land is available nearby that is technically suitable to
support the facility;
(2) Locate each antenna that is to be attached to an existing building or to an
existing public utility structure in such a manner as to provide the least
visual impact of the facilities on the surrounding public and residential
areas;
(3) Locate each antenna that is to be attached to a new freestanding structure
(including a monopole) or to an existing or reconstructed tower to minimize
its height and visibility. Provide a setback for the entire structure from all
lot lines and on-site buildings, customer parking lots, and other areas
designated for active use. The setback should be a horizontal distance
equal to the height of the top of the antenna above average elevation of
the ground around the structure;
(4) Locate all transmitting, receiving, switching, power and other supporting
equipment entirely within existing buildings, where possible;
(5) Meet the setback requirements of the zone for any new buildings that are
found necessary to house supporting telecommunications equipment;
(6) Establish a community liaison with all adjacent civic associations prior to the
construction of the facility and to continue throughout the period of use of
the facility;
(7) Comply with FCC regulations relating to radio frequency emissions and FAA
regulations on lighting; and
(8) Provide for access, removal of all defunct equipment within six months of
discontinuance of use, and bonding of construction and removal.
(d) Siting and design
The City will attempt to mitigate the negative impacts of telecommunications
facilities by requiring that providers of telecommunications services:
(1) Choose locations for proposed new telecommunication facilities for least
impact on surrounding neighborhoods while providing adequate service for
the area to be served by the proposed facilities;
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.2 Public, civic and institutional use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-21
(2) Provide detailed plans and cross-sections of the proposed facilities
adequate for determining their impact on nearby neighborhoods;
(3) Design all facilities to be aesthetically and architecturally compatible with
the surrounding environment to the maximum extent possible;
(4) Design all facilities to assure that the telecommunications facilities are not
the most prominent visual feature of the site;
(5) Use construction materials and color schemes appropriate to the zoning
district and to any existing nearby developed properties;
(6) Design any necessary utility buildings to be compatible with the character of
the surrounding neighborhood;
(7) Minimize the number of buildings and equipment cabinets necessary for
each location;
(8) Screen any ground-level equipment or structure bases using a transitional
yard TY4 (§4.5.5);
(9) Construct antenna facilities no higher above adjacent ground elevation than
is reasonably necessary to achieve desired coverage and to permit
collocation;
(10) Do not illuminate structures or antenna facilities unless required by the
Federal Aviation Administration or FCC. If illumination is required, it should
be effectively shielded from neighboring residential properties to the extent
possible;
(11) Demonstrate that the proposed facility will be safe and structurally sound;
(12) Provide to the city a letter of intent committing the provider and all
successors in interest to allow shared use of the facility subject to
reasonable terms and conditions for collocation;
(13) Comply with FCC regulations relating to radio frequency emissions; and
(14) Establish a community liaison with all adjacent civic associations prior to the
construction of the facility and continue the liaison throughout the period
of use of the facility.
2. Applicability
(a) General
These regulations govern the siting of telecommunications towers and facilities,
except as specifically, below.
(b) Existing structures and towers
The placement of a telecommunication antenna on existing structures and
towers, such as existing roofs, walls, water tanks, steeples and towers, may be
approved administratively by the zoning administrator provided the antenna:
(1) Does not add more than 10 feet in height to the existing structure; and
(2) Meets all applicable standards of the Virginia Uniform Statewide Building
Code (USBC) and this chapter.
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.2 Public, civic and institutional use standards
Adopted 7/12/2016 Zoning Ordinance
3-22 City of Fairfax, Virginia
3. Review by the board of architectural review
All telecommunications towers and facilities are subject to the board of architectural
review and recommendation prior to approval.
4. Location and construction
The requirements for the location and construction of all new telecommunications
facilities regulated by this chapter shall include the following:
(a) New telecommunications facility site shall not be permitted unless the applicant
demonstrates to the reasonable satisfaction of the city that existing
telecommunications facilities or alternative telecommunications structures cannot
accommodate the applicant's proposed antenna.
(b) Telecommunications towers shall either maintain a galvanized steel finish or
subject to any applicable standards of the Federal Aviation Administration (FAA),
with no logos.
(c) The design of buildings and related structures used in conjunction with
telecommunications facilities shall, to the extent possible, use materials, colors,
textures, screening, and landscaping that will blend the telecommunications
facilities with the natural setting and the built environment.
(d) A telecommunications facility or telecommunications tower shall not be artificially
lighted, unless required by the FAA or other applicable authority. If lighting is
required, the city may review the available lighting alternatives and approve the
design that would cause the least disturbance to the surrounding views.
(e) No advertising of any type may be placed on the telecommunications facility, or
other structures associated with the telecommunications facility, except that a
sign shall be required displaying the name, registration number and emergency
contact number of the tower owner. The sign shall not exceed four square feet in
size and shall be located on the security fence or other approved location.
5. Required yards (setbacks) and separation
Notwithstanding other provisions of this chapter, the following setbacks and
separation requirements shall apply to all telecommunications facilities except
alternative telecommunications structures:
(a) Telecommunications towers shall be setback a minimum of 110 percent of the
height of the telecommunications tower from any off-site structures used for
human habitation, provided this provision shall not apply to monopole towers
certified by a structural engineer. Such monopole towers shall comply with the
setbacks of the underlying zoning district for principal structures.
(b) Security fencing, equipment and accessory facilities must comply with setback
requirements applicable to primary structures.
6. Height
Maximum freestanding telecommunications tower height shall be as approved by city
council.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.2 Public, civic and institutional use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-23
7. Security
Telecommunications towers and facilities shall be enclosed by security fencing not less
than six feet or more than eight feet in height unless otherwise approved by the zoning
administrator.
8. Perimeter buffer
A transitional yard TY4 shall be provided around the perimeter of telecommunications
towers and facilities (§4.5.5), unless otherwise approved by the zoning administrator.
9. Co-location
(a) Approval for a new telecommunications tower within a radius of 10,000 feet of an
existing tower or other suitable structure shall not be granted unless the applicant
certifies that the existing towers or structures do not meet applicant's structural
specifications or technical design requirements, or that a co-location agreement
could not be obtained at a reasonable market rate and in a timely manner.
(b) The following order of preference in siting wireless communications antennas and
towers shall apply:
(1) Co-location of antennas on, or replacement of, existing towers and, in the
process, adding additional co-locaters to the tower;
(2) On existing structures such as buildings, communications towers, water
towers, smokestacks, and athletic, street or traffic light standards;
(3) Using stealth designs involving mounting antennas within existing buildings
or structures in the form of bell towers, clock towers, or other architectural
modification of buildings, or by mounting antennas on artificial trees; and
(4) In locations where the existing topography, vegetation, buildings, or other
structures provide the greatest amount of screening.
10. Local government access
Owners of towers shall provide the city with co-location opportunities as a community
benefit to improve radio communication for city departments and emergency services
provided it does not conflict with the co-location requirements of this chapter.
11. Federal requirements
All telecommunications towers and antennas must comply with or exceed current
standards and regulations of the FAA, the FCC and any other agency of the federal
government with the authority to regulate such facilities. If such standards and
regulations are changed, the owners of telecommunications towers and antennas
governed by this chapter shall bring such towers and antennas into compliance with
such revised standards as required. Failure to bring telecommunications towers and
antennas into compliance with such revised standards and regulations shall constitute
grounds for the removal of the telecommunications towers and antennas at the
owner's expense.
12. Removal of defective or abandoned telecommunications facilities
(a) Any antenna, telecommunications tower or facility that is not operated for a
continuous period of 24 months shall be considered abandoned. Where removal
of a telecommunications antenna, tower or facility is required, the owner shall
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.3 Commercial use standards
Adopted 7/12/2016 Zoning Ordinance
3-24 City of Fairfax, Virginia
remove such telecommunications antenna, tower or facility within 90 days of
receipt of notice from the city notifying the owner of such removal requirement.
Removal includes the removal of the antennas, telecommunications towers, and
telecommunications facilities, fence footers, underground cables and support
buildings. The buildings and foundation may remain (with land owner's approval).
Where there are two or more users of a single telecommunications facility or
telecommunications tower, this provision shall not become effective until all users
cease using the antennas and telecommunications tower.
(b) If the antenna, telecommunications tower and telecommunications facility are not
removed as herein required, the city may either seek court enforcement of such
removal or the city may, at its discretion, remove the antenna,
telecommunications tower and facility at the expense of the owner.
13. Additional guidelines for use of city property and right-of-way
The following additional guidelines will apply to the use of city-owned property and
rights-of-way:
(a) Any use of city-owned property for telecommunication facilities will require
execution by the applicant of a lease agreement with the city acceptable to the
city council.
(b) Lease and license agreements for telecommunications facilities will address issues
including, but not limited to, access for maintenance, removal on cessation of use,
bonding, availability and charges for shared use, compensation to the city for the
use of public property, and reimbursement of cost incurred by the city; and
(c) The city may require compensation from telecommunications service providers
for the use of city-owned property and facilities.
14. Performance bond
Prior to approval of any permit, the applicant shall be required to submit a reasonable
performance bond with surety, cash escrow, letter of credit, any combination thereof,
or such other legal arrangement acceptable to the city attorney, to ensure that
measures could be taken by the city of Fairfax at the applicant's expense should he fail
to comply with permit conditions. If the city of Fairfax takes such action upon such
failure by the applicant, the city may collect from the applicant for the difference
should the amount of the reasonable cost of such action exceed the amount of the
security held, if any. Within 60 days of the completion of the requirements of the
permit conditions, such bond, cash escrow, letter of credit or other legal arrangement,
or the unexpended or unobligated portion thereof, shall be refunded to the applicant
or terminated.
§3.5.3. Commercial use standards
A. Adult uses
1. Policy
(a) Within the city, it is acknowledged that there are some uses, often referred to as
adult uses, which because of their nature can have a negative impact on nearby
property, particularly when several of them are concentrated under certain
circumstances or located in direct proximity to a residential neighborhood,
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.3 Commercial use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-25
thereby having a deleterious effect upon the adjacent areas. Special regulation of
these uses is necessary to insure that these adverse effects will not contribute to
the blighting or downgrading of the surrounding neighborhoods. These special
regulations are itemized in this §3.5.3.A. The primary control or regulation is for
the purpose of preventing the concentration or location of adult uses in a manner
that would create such adverse effects. The definition of adult uses is found in
§9.3.1.
(b) Prior to the approval of any adult use and in accordance with the requirements of
chapter 14 of the City Code, review by the Police Chief shall be required.
2. Definitions
For the purposes of this §3.5.3.A, certain words and phrases shall have the meanings
assigned to them in Article 9, except in those situations where the context clearly
indicates a different meaning.
3. Required findings
A special use permit for an adult use may be issued by the city council after finding that
the location, size, design, and operating characteristics of the proposed adult use will
be compatible with and will not adversely affect or be materially detrimental to the
neighboring uses.
4. Locational requirements
The following restrictions apply to the location and extent of adult uses:
(a) No adult use shall be within 500 feet of any residential district or planned
development district boundary; assisted living center; congregate living facility;
day care center; dwelling; church or other religious institution; hotel; motel public
park; public or private elementary, middle, or high school; public library; or
nursing home.
(b) Off-street parking spaces serving adult uses shall be located at least 300 feet from
the nearest residential district boundary; assisted living center; congregate living
facility; day care center; dwelling; church or other religious institution; hotel;
motel public park; public or private elementary, middle, or high school; public
library; or nursing home.
(c) No two such adult uses shall be located within 1,000 feet of each other.
(d) City council may modify or waive the locational provisions of §3.5.3.A.4, subject to
the following findings:
(1) That the proposed use will not be contrary to the public interest or be
injurious to nearby properties, and that the spirit and intent of §3.5.3.A will
be observed;
(2) That the establishment of an additional adult use in the area will not conflict
with any council adopted objectives, plans, or programs for the area;
(3) That the establishment of an additional adult use will not be contrary or
detrimental to any program of neighborhood conservation or renewal in
adjacent residential areas; and
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.3 Commercial use standards
Adopted 7/12/2016 Zoning Ordinance
3-26 City of Fairfax, Virginia
(4) That all applicable regulations of the ordinance and special conditions
attached to the special use permit will be observed.
(e) For the purposes of §3.5.3.C, distances shall be measured on a straight line
(1) From the structure containing the adult use to the nearest point of subject
property, and
(2) Between the structure containing the adult use and to the nearest point of
the property containing any other adult use.
5. Signs
Signs or attention-getting devices for the business shall not contain any words or
graphics depicting, describing or relating to specified sexual activities or specified
anatomical areas, as defined in Article 9. The signage shall otherwise comply with the
provisions set forth §4.6.
6. Hours of operation
Adult uses shall not begin service to the public or any outside activity before 6:00am.
Hours of operation for any adult movie theater, adult entertainment establishment,
shall not extend after 2:00am. Hours of operation for any adult bookstore shall not
extend after 12:00 midnight.
7. Location of adult merchandise within the adult use
Adult merchandise shall be located in a separate room or other area inaccessible to
persons under 18 years of age.
8. Laws and ordinances governing obscenity applicable
Nothing in this article shall be construed to permit uses in violation of the laws
governing obscenity and public nudity found in article VI, chapter 54, of the city Code;
Code of Virginia, §§ 18.2-372—18.2-391; and title 18, part I, chapter 71 of the United
States Code.
B. Animal care facilities
Animal care facilities shall comply with the following standards:
1. The site plan shall show fencing, berms, and building material soundproofing designed
to mitigate the noise impact of the proposed use on the surrounding properties.
2. Waste handling and ventilation shall be designed to substantially control odors
discernable off-site.
3. Outdoor exercise areas shall be located at least 300 feet from the nearest residential
district and off-site residential use, and they shall comply with the transitional yard TY2
requirements of §4.5.5.
4. Outdoor exercise areas, runs, or yards, when provided for training or exercising, shall
be restricted to use during daylight hours.
C. Auction houses
Sales items that are stored in an exterior location must meet zoning requirements for
setbacks, parking, screening and other pertinent features.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.3 Commercial use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-27
D. Bed and breakfasts
Bed and breakfasts shall comply with the following standards:
1. General
Overnight accommodations shall be limited to eight or less rooms within the principal
structure and rented for periods not to exceed 14 consecutive days per guest.
2. Locational criteria
The use shall be permitted in an owner-occupied, single-family dwelling only on arterial
or collector streets.
3. Use criteria
(a) No restaurant or food service shall be permitted except for breakfast and light
fare for room guests and their immediate family and visitors only.
(b) The bed and breakfast shall be owner occupied and managed.
(c) A log recording the arrival and departure times of all guests shall be maintained by
the owner for inspection by the city upon request.
4. Off-street parking
(a) The guest parking lot shall not be located within the minimum required yards.
(b) The parking lot shall be screened from residential properties adjacent to the
parcel or parcels upon which the bed and breakfast is located by an opaque
wooden, stone, brick or vegetative screen that meets or exceeds the
requirements of §4.5.5 for a transitional yard TY1 and approved by the zoning
administrator.
(c) The parking lot shall be surfaced and maintained with a dust-free, porous
material. A pre-existing paved surface shall be permitted if approved by the
zoning administrator as being in good condition.
5. Signs
Bed and breakfasts may be allowed one four square foot monument, projecting or
hanging sign per street frontage, subject to the following requirements:
(a) Ground-mounted signs shall be a maximum of six feet high.
(b) Projecting or hanging signs shall be a maximum of 10 feet high.
(c) Sign illumination shall be by external light only.
E. Hotels, extended-stay
Extended-stay hotels shall have the following features:
1. Each guest room shall be accessed through an interior hallway and shall not provide
direct egress to the exterior of the building.
2. Staff or management shall be on duty 24 hours a day in a lobby or public gathering area
containing a minimum of 1,000 square feet.
3. Each guest room shall have a minimum of 400 square feet.
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.3 Commercial use standards
Adopted 7/12/2016 Zoning Ordinance
3-28 City of Fairfax, Virginia
4. Each guest room that contains a kitchen or kitchenette shall have a separate, self-
contained kitchen area with all of the following: a sink, built-in counter-top range with
at least two burners, minimum 14-cubic-foot refrigerator/freezer combination,
microwave, dishes, and flatware. At least fifty percent of the rooms in an extended-
stay hotel shall have kitchens or kitchenettes.
5. A fitness or recreational center, which is available to guests, with a minimum of 400
square feet, shall be provided.
6. At a minimum, a single, enclosed meeting or conference space of 500 square feet or
greater or a business center shall be provided.
7. An enclosed heated and air conditioned laundry space with a minimum of three
washers and three dryers shall be available exclusively for guest use.
8. A swimming pool shall be available on site exclusively for guest use.
9. No more than 50 percent of the guest rooms shall be continuously occupied by the
same tenant or tenants for 30 days or more. The owner of any extended-stay hotel
shall ensure that in each room a printed sign is posted by the owner or management
that sets forth these occupancy rules.
10. Accessory uses including additional recreational facilities and restaurants or food
services may be associated with the facility.
11. No services commonly associated with transitional housing or short term residential
studio units, including but not limited to provision of free meals, case management, or
counseling, may be provided to hotel clients on-site.
12. An extended-stay hotel shall only be used for occupancy by transients and shall not be
used as a residence. An occupant of a room who does not have a place of permanent
residence other than the hotel, shall be deemed to be using the hotel as a place of
residence.
13. Occupants using a room because of the loss or damage to their residence by fire or
other casualty or because of the remodeling of their residence, shall not be deemed to
be using the hotel as a residence.
14. Occupants using a room because they are relocating to the area due to employment
transfers or new employment, shall not be deemed to be using the hotel as a residence
for the period of time necessary to locate and move into a residence.
F. Restaurants or food services
1. Exterior speakers used in conjunction with any such establishment shall not be audible
beyond the boundaries of the subject lot.
2. See drive-through windows/facilities provisions of §3.5.5.D.9.
3. See outdoor dining and service area provisions of §3.5.5.D.17.
G. Schools, technical, trade and business
Technical, trade and business schools may be allowed provided the practice of any particular
trade being taught is otherwise an allowed use in the subject district.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.3 Commercial use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-29
H. Tobacco and smoke shops
1. Tobacco and smoke shops may set aside up to 30 percent of the floor area for on-site
consumption of tobacco and similar products.
2. Ventilation shall be properly maintained.
3. All on-site smoking shall be indoor.
I. Vehicle sales and leasing
1. Each vehicle displayed for sales, lease or rent shall be parked within an enclosed
structure or upon a parking space that complies with the requirements contained in
§4.2.
2. The sales, rental or leasing office for such establishment shall be a permanent
structure.
3. Each parking space for customers and employees shall be so designated with pavement
marking or other appropriate signage.
4. Where a vehicle display area is adjacent to commercially zoned property, the perimeter
of such area shall be landscaped with a continuous hedge or landscaped berm at least
30 inches in height.
5. Each vehicle awaiting repair or maintenance shall be parked within a parking space that
complies with the requirements contained in §4.2 within an enclosed structure or
within an area screened on all sides by a closed wooden fence or brick wall at least six
feet in height. Such fence or wall shall be located no closer than 10 feet from any
property line adjacent to a C or I district. Where adjacent to any residential district, a
TY2 transitional yard shall be provided in accordance with §4.5.5.
6. Each vehicle on such lot not parked upon a parking space meeting the requirements of
§4.2, or within a structure, shall be screened in accordance with §3.5.3.I.5, above.
7. Exterior speakers used in conjunction with any such facility shall not be audible beyond
the property boundaries of such establishment.
8. Unless waived or modified by the city council, there shall be no less than 500 feet
measured between the nearest property lines between each vehicle sales and leasing
establishment, and any other such establishment.
J. Vehicle service and vehicle repair
Vehicle service and vehicle repair uses and shall
comply with the following requirements:
1. A transitional yard TY3 in accordance with
§4.5.5 shall be established along any side
of the property adjacent to a residential
use;
2. Service bay doors shall not be oriented
toward the right-of-way or a residential
use, or the service bays shall be screened
from view from the right-of-way or adjacent property using landscaping;
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.4 Industrial use standards
Adopted 7/12/2016 Zoning Ordinance
3-30 City of Fairfax, Virginia
3. All repair or service operations, including washing, shall be conducted entirely within a
fully-enclosed building;
4. The storage of merchandise and supplies shall be within a fully-enclosed building;
5. Operable vehicles may be parked on-site during business hours. All vehicle parking shall
be accomplished on the site, and in no case shall a parked vehicle encroach into the
right-of-way;
6. The outdoor overnight storage of vehicles may be allowed subject to §4.10;
7. There shall be no dismantling of vehicles for salvage; and
8. The storage of impounded vehicles shall not be permitted.
§3.5.4. Industrial use standards
A. Fuel sales, residential
Residential fuel sales facilities shall have on-site storage capacity of no greater than 49,000
gallons.
B. Manufacturing, general
All outdoor activities and storage associated with general manufacturing shall be screened
from view off site in accordance with the requirements of §4.5.8.
C. Manufacturing, heavy
All outdoor activities and storage associated with heavy manufacturing uses shall be
screened from view off site in accordance with the requirements of §4.5.8.
D. Manufacturing, limited
All outdoor activities and storage associated with heavy manufacturing uses shall be
screened from view off site in accordance with the requirements of §4.5.8.
E. Vehicle storage and towing
1. Outdoor storage areas shall be screened in accordance with the requirements of
§4.5.8.
2. A transitional yard TY3 in accordance with §4.5.5 shall be established along any side of
the property adjacent to a residential use.
F. Waste service
1. A transitional yard TY3 in accordance with §4.5.5 shall be established along any side of
the property adjacent to a residential use.
2. All waste service uses shall be screened from view off-site in accordance with the
requirements of §4.5.8.
§3.5.5. Accessory use standards
A. General
Normal and customary accessory structures and uses, including but not limited to garages,
sheds, and recreational facilities, shall be allowed in accordance with the provisions of §3.5.5
and comply with all standards in the district for the principal use, except as expressly set
forth below.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.5 Accessory use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-31
1. Accessory structures and uses shall be accessory and clearly incidental and subordinate
to a permitted principal uses. An accessory use shall only be allowed when a principal
use exists for permitted accessory uses associated with a principal use.
2. Accessory structures and uses shall be located on the same lot as the permitted use or
building.
3. Accessory structures shall comply with the dimensional standards for principal
buildings, except as otherwise specified.
4. Accessory structures and uses shall not involve operations or buildings not in keeping
with the character of the primary use or principal building served.
5. Accessory structures and uses shall not be of a nature likely to attract visitors in larger
numbers than would normally be expected in association with the principal use, where
applicable.
6. An accessory use shall contribute to the comfort, convenience or necessity of
occupants of the primary use served.
7. An accessory use shall be located within the same district as the principal use.
B. Accessory structures in RL, RM and RH districts
1. Applicability
Accessory structures shall be permitted in the RL, RM and RH districts, except as
qualified below, but only in connection with, incidental to and on the same lot with, a
single-family dwelling.
(a) Allowed accessory structures
Accessory structures include, but are not limited to, the following structures:
(1) Play structures not to exceed 100 square feet in area, measured around the
perimeter of such structure. For the purposes of this chapter, swing sets
and tree houses shall not be subject to setback/minimum yard
requirements.
(2) Detached (private) garages and carports may be allowed provided the
footprint area of such structure shall not exceed 50 percent of the footprint
area of the principal dwelling. For the purposes of §3.5.5.B, footprint is the
physical space, measured on a horizontal plane at mean ground level,
occupied by an accessory structure or principal dwelling (excluding
uncovered porches, terraces, and steps).
(3) Gazebos and similar structures.
(4) Storage structures, provided that no such structure shall exceed 250 square
feet in gross floor area.
(5) Swimming pool, bathhouse, tennis, basketball or volleyball court, and other
similar private outdoor recreation uses.
(b) Prohibited accessory structures
The following accessory structures are not permitted: Quonset huts, steel arch
buildings, inflatable garages, portable or temporary garages, portable or
temporary carports, portable containers, and converted shipping or semi-tractor
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.5 Accessory use standards
Adopted 7/12/2016 Zoning Ordinance
3-32 City of Fairfax, Virginia
containers, except as may be authorized in conjunction with a permitted
temporary use in accordance §3.5.6.
(c) Use limitations of accessory structures
(1) No accessory structure shall be used unless the principal structure is
occupied or used.
(2) All accessory uses and structures shall comply with the use limitations
applicable to the zoning district in which they are located.
(3) The total lot coverage of all structures accessory to a single-family detached
or duplex dwelling shall not exceed 30 percent of the combined area of the
minimum required rear and side yards.
(4) All accessory structures shall comply with the maximum height regulations
applicable to the zoning district in which they are located, except as
otherwise provided in §1.5.12.E.
C. Accessory use table
The accessory use table is subject to the explanation as set forth below.
1. Key to types of use
(a) Permitted
A ”P” indicates that a use is permitted in the respective district subject to the
specific use standards in §3.5. Such uses are also subject to all other applicable
requirements of this chapter.
(b) Special use review
An “S” indicates that a use that may be permitted in the respective general use
district only where approved by the city council in accordance with §6.7. Special
uses are subject to all other applicable requirements of this chapter, including the
specific use standards contained in §3.5, except where such specific use standards
are expressly modified by the city council as part of the special use approval.
(c) Specific use standards
The “Specific Use Standards” column on the table is a cross-reference to any
specific use standard listed in §3.5. Where no cross-reference is shown, no
additional use standard shall apply.
(d) Use types/use groups
The “Use Types/Use Groups” column on the table lists specific uses and use
groups allowed in the respective districts. Use groups are identified by the asterisk
(*) following a use type. See §3.4.1 for more information regarding use groups.
(e) Uses not permitted
A blank cell in the accessory use table indicates that a use is not allowed in the
respective district.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.5 Accessory use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-33
USE TYPES/USE GROUPS
RESIDENTIAL DISTRICTS NONRESIDENTIAL DISTRICTS SPECIFIC
USE
STANDARDS
R
L
R
M
R
H
RT
-6
R
T
R
MF
C
L
C
O
C
R
C
U
C
G
I
L
I
H
Accessory dwelling units P P P §3.5.5.D.1
Amateur radio and receive-only antennas P P P P P P P P P P P P P §3.5.5.D.2
Amusement machines P P P P §3.5.5.D.3
Automated teller machines (ATMs) P P P P P S §3.5.5.D.4
Caretaker apartments P P §3.5.5.D.5
Dancing and entertainment areas S S S §3.5.5.D.6
Day camps S S S S S S S P P P P §3.5.5.D.7
Day care homes, family (less than 5) P P P P P P §3.5.5.D.8
Day care homes, family (5 to 12) S S S S S S §3.5.5.D.8
Catering or delivery services P P P P P P §3.5.5.D.9
Drive-through windows/facilities S S S S S S §3.5.5.D.9
Electric vehicle charging station P P P P P P P P P P P P P
Food trucks P P P P P §3.5.5.D.11
Garages or carports P P P P P P P
Garage sales P P P P P P
Home occupations, major S S S S S S §3.5.5.D.12
Home occupations, minor P P P P P P §3.5.5.D.12
Keeping of honey bees P P P P P §3.5.5.D.13
Keeping of chickens P §3.5.5.D.14
Keeping of dogs P P P P P P P P §3.5.5.D.15
Keeping of rabbits P P P P P §3.5.5.D.16
Outdoor dining and service areas P P P P P P P §3.5.5.D.17
Parking structures P P P P P §3.5.5.D.18
Recreational facilities, private P P P P P P
Religious institutions accessory uses S S S S S S S S S S §3.5.5.D.19
Retail, convenience* S P P P P P §3.5.5.D.20
Services, convenience* S S P P P P P §3.5.5.D.21
D. Accessory use standards
1. Accessory dwelling units
Accessory dwelling units, as is defined in §9.3.1, shall comply with the following
standards:
(a) No more than one accessory dwelling unit shall be allowed per single-family
dwelling unit.
(b) accessory dwelling units shall be located within the structure of a single-family
dwelling unit; and any added external entrances for the accessory dwelling unit
shall be located on the side or rear of the structure.
(c) The gross floor area of an accessory dwelling unit shall not exceed 35 percent of
the total gross floor area of the principal dwelling.
(d) No accessory dwelling unit shall contain more than two bedrooms.
(e) Occupancy of an accessory dwelling unit and the principal dwelling shall be as
follows:
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.5 Accessory use standards
Adopted 7/12/2016 Zoning Ordinance
3-34 City of Fairfax, Virginia
(1) One of the dwellings (principal or accessory dwelling unit) shall be owner-
occupied;
(2) At least one of the dwelling units shall be occupied by:
(i) Any person 55 years of age or over; and/or
(ii) Any person with a handicap as defined in the 1988 amendments to
the federal Fair Housing Act, to include a person with a physical or
mental impairment which substantially limits one or more major life
activities; a record of such an impairment; or being regarded as
having such an impairment.
(iii) The combined occupancy of the single-family dwelling unit and the
accessory dwelling unit shall consist of one family only, which is
defined as one person or a group of persons related by blood or
marriage, plus not exceeding three additional unrelated persons.
(f) Any accessory dwelling unit established for occupancy by a disabled person shall
provide for reasonable access and mobility as required for the disabled person.
The measures for reasonable access and mobility shall be specified in the
application for a special use permit. Generally, reasonable access and mobility for
physically handicapped persons shall include:
(1) Uninterrupted access to one entrance; and
(2) Accessibility and usability of one bathroom.
(g) No more than two vehicles utilized by residents of the accessory dwelling unit
shall be allowed.
(h) In no instance shall approval of an accessory dwelling unit be deemed a
subdivision of the principal unit.
(i) Any accessory dwelling unit shall meet the applicable regulations for zoning,
building, safety, health, and sanitation.
(j) The owner shall make provisions to allow inspections of the property by city
personnel during reasonable hours upon prior notice. An initial inspection of a
new accessory dwelling unit will be conducted by a zoning administrator, in
addition to any renewal of the accessory dwelling unit use or transfer of
ownership of the subject property.
(k) The zoning administrator may inspect the property if there is a complaint
registered with the city or if the official has other reason to believe that the owner
or occupants of the property are in violation of the accessory dwelling unit
approval.
(l) Upon transfer of ownership of the subject property, the new owner shall be
required to certify in writing to the zoning administrator that either:
(1) Continued use of the accessory dwelling unit will comply with the
conditions of the previous approval for the accessory dwelling unit use; or
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.5 Accessory use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-35
(2) Use of the accessory dwelling unit will not be continued, and the use of the
space as a separate dwelling unit will cease in accordance with
§3.5.5.D.1(m), below.
(m) If there is a change in occupancy of the accessory dwelling unit that does not
comply with the conditions under which the accessory dwelling unit was
approved, use of the space as a separate dwelling unit shall cease, the physical
arrangement of the space that created an independent housekeeping unit shall be
integrated into the primary dwelling unit, and the space shall not be
independently leased as a separate dwelling unit.
2. Amateur radio and receive-only antennas
(a) Antenna structures may exceed height limits as specified in §3.6.
(b) Satellite dish antennas shall comply with all applicable dimensional standards
specified within the district regulations.
3. Amusement machines
A maximum of two machines shall be permitted per use or location.
4. Automated teller machines (ATMs)
Automated Teller Machines (ATMs) may be permitted accessory to any nonresidential
uses provided they are located indoors. Where ATMs are not completely enclosed
within a building, ATMs must be located, developed, and operated in compliance with
the following standards:
(a) Setbacks
A minimum setback of two feet from the sidewalk must be provided where
unenclosed ATMs are located on the exterior of a building fronting a street.
(b) Weather protection
Unenclosed ATMs must provide weather protection for users in the form of an
awning or shallow recess.
(c) Security
ATM facilities must be adequately marked and lighted for security purposes, but
may not result in excessive glare for nearby residential uses or passing motorists.
(d) Litter control
One trash receptacle must be installed for every ATM.
5. Caretaker apartments
Caretaker apartments may be permitted accessory to nonresidential principal uses as
specified in §3.3.1, provided that they are used exclusively by the owner, manager or
operator of the use.
6. Dancing and entertainment
(a) Dancing area may be allowed accessory to restaurants or food service, provided:
(1) The dancing area, together with any entertainment area, does not exceed
25 percent of the gross floor area of the restaurant;
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.5 Accessory use standards
Adopted 7/12/2016 Zoning Ordinance
3-36 City of Fairfax, Virginia
(2) The lot on which the restaurant or food service is located is no closer than
200 feet from residentially zoned property measured from nearest property
lines, unless waived by the city council; and
(3) Dancing shall be restricted to a dancing area which shall be clearly
demarcated and of a size proportionate to the seating capacity of the
restaurant and food service.
(b) Entertainment area within restaurants or food service, provided that:
(1) The entertainment area, together with any dancing area, does not exceed
25 percent of the gross floor area of the restaurant or food service; and
(2) The lot on which the entertainment area is located is no closer than 200
feet from residentially zoned property measured from nearest property
lines, unless waived by the city council.
7. Day camps
Permitted only as an accessory use to personal services; community services; day care
centers; indoor and outdoor recreational uses; governmental uses; religious
institutions; and elementary, middle and high schools.
8. Day care homes, family (up to 12)
A family day care home may provide care for up to 12 children, accessory to a single-
family detached dwelling, subject to the following requirements:
(a) Family day care homes shall obtain a state license, if required. (State licenses are
required for such homes providing care for five to 12 children.)
(b) When calculating the total number of children cared for, resident children shall be
excluded.
(c) The facility shall be the principal residence of the operator(s) of the family day
care home.
(d) The facility shall comply with any and all requirements of the city and state codes,
including City Code, Ch. 14, and Title 63.2, Ch. 17, Code of Virginia.
9. Catering or delivery services
Catering or delivery services shall comply with the following standards:
(a) Hours of delivery service shall be limited to between 7am and 12am, Sunday
through Thursday; and 7am through 1, Friday and Saturday;
(b) Maximum number of delivery vehicles in service during any shift shall be four;
(c) Delivery vehicles shall only be parked in parking spaces, and not in drive aisles and
fire lanes; and
(d) For purposes of this section and where the delivery operation has vehicular access
to multiple streets, all deliveries shall be made using the primary street access,
rather than neighborhood side streets.
10. Drive-through windows/facilities
(a) No drive-through windows/facilities shall be permitted on the side of a building
adjacent to or facing any residential district;
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.5 Accessory use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-37
(b) Stacking spaces shall be provided in accordance with the requirements of §4.2;
(1) The location of each drive-through stacking spaces and the direction of flow
shall be clearly demarcated with pavement marking;
(2) Where a stacking lane abuts a parking aisle, the area required for the
stacking lane shall be in addition to that required for the aisle;
(3) No drive-through stacking lane shall be located between parking spaces and
any public entrance to such establishment; and
(c) Screening shall be provided in accordance with the requirements of §4.5.
11. Food trucks
Food trucks shall comply with all of the following regulations:
(a) Food trucks may only be located on a lot or site containing a principal building or
use, or on an active construction site.
(b) A food truck may occupy any given location between 7am to 10pm Sunday to
Thursday and 7am to 11pm Friday and Saturday.
(c) The number of food trucks allowed per site is limited as follows:
(1) A maximum of one food truck is allowed on sites with less than 20,000
square feet of land area.
(2) On sites with land area of 20,000 square feet or more, one food truck is
allowed per 20,000 square feet of land area or fraction thereof.
(3) For purposes of this provision, a site may consist of one lot or a combination
of contiguous lots.
(d) Food trucks must be located at least 100 feet from the main entrance of any
outdoor dining and service area associated with a restaurant or food service.
(e) Food trucks may not obstruct pedestrian, bicycle or vehicle circulation routes, and
must be set back at least five feet from the edge of any driveway or public
sidewalk.
(f) Food trucks may not occupy parking spaces provided to meet the parking ratio
requirements of the principal use or required landscape strips or landscaping
areas, unless the principal use’s hours of operation do not coincide with those of
the food truck business. Food trucks may not occupy any parking spaces reserved
for persons with disabilities.
(g) No freestanding signs or audio amplification are allowed as part of the food
truck’s operation.
(h) Food trucks and associated outdoor seating must be removed from all permitted
locations when not in operation.
(i) Operators are responsible for ensuring that all waste is disposed of in accordance
with city regulations.
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.5 Accessory use standards
Adopted 7/12/2016 Zoning Ordinance
3-38 City of Fairfax, Virginia
12. Home occupations
(a) Prohibited home occupations
The following uses are not permitted as home occupations:
(1) Vehicle service;
(2) Vehicle repair;
(3) Plant nurseries and greenhouses;
(4) Manufacturing, heavy, which relates to the handling, processing, packing, or
serving of food directly or indirectly to the public;
(5) Medical or dental laboratory;
(6) Restaurant or food services;
(7) Bulk storage of flammable liquids;
(8) Funeral homes; and
(9) Animal care facilities.
(b) General
All home occupations shall comply with the following requirements:
(1) The use of the dwelling unit for a home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its
occupants, and shall under no circumstances change the residential
character of the structure;
(2) Any part of a dwelling may be utilized for a home occupation, provided that
the total floor area utilized in the conduct of a home occupation shall not
exceed 20 percent of the first floor area of the dwelling; accessory
structures shall not be used for home occupation purposes;
(3) There shall be no change in the outside appearance of the building or
premises, or other visible evidence of the conduct of a home occupation;
(4) No business, storage or warehousing of material, supplies or equipment
shall be permitted outside of the primary dwelling unit;
(5) No equipment or vehicles shall be used or regularly parked other than that
normally used for domestic, hobby, and household or small office purposes
in a single-family detached dwelling;
(6) No equipment or process shall be used that creates excessive noise,
vibration, glare, fumes, odors, or electrical interference;
(7) The storage of hazardous materials shall be prohibited;
(8) The receipt or delivery of merchandise, goods or supplies for use in a home
occupation shall be limited to the United States mail, similar parcel delivery
service, or private vehicles with a gross vehicle weight rating of 40,000
pounds or less;
(9) No display of products shall be visible from the street; and
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.5 Accessory use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-39
(10) No person shall conduct a home occupation without obtaining the
appropriate business, service or occupational license required by law. All
home occupations shall comply with applicable state, federal, and local
regulations. Home occupations shall be subject to all applicable licenses and
business taxes.
(c) Minor home occupations
Minor home occupation means the use of an area located within a dwelling unit
for business or commercial purposes. Such uses shall comply with the following
additional requirements:
(1) No person other than a member of the family residing on the premises shall
be engaged in the home occupation;
(2) Student instruction, where allowed, shall be limited as follows:
(i) Such instruction shall be limited to a total of eight students per day,
with no more than 40 total per week or six students present at any
one time, between the hours of 8:00am and 9:00pm
(ii) Gatherings of students and families for exhibitions and group
activities may take place on the premises no more than four times per
year. Such gatherings shall be consistent with the residential
character of the neighborhood and shall conform to all applicable
regulations regarding noise and parking.
(3) No signage shall be permitted.
(4) The minor home occupation shall generate no greater volume of traffic than
would normally be expected from a single-family detached residence,
consistent with the residential character of the neighborhood;
(5) The street address of a home occupation business shall not be advertised to
the general public in newspaper, radio, television, worldwide web, or other
advertisements. This provision shall not be construed to prohibit address
listing in telephone directories, on business cards, or in communication with
customers, suppliers or professional colleagues, nor shall it prohibit
referrals to individual consultants from corporate Internet sites by customer
inquiry.
(d) Major home occupations
Major home occupation means the use of an area located within a single-family
residence as business office or professional office. Such uses shall be subject to
the following additional restrictions:
(1) It is carried on by a person residing on the premises and employs no more
than two employees not living on the premises;
(2) No more than two vehicles are used in the conduct of the home occupation,
and such vehicles are parked off the street.
(3) No merchandise or commodity is sold on the premises.
(4) No mechanical equipment is installed or used except such that is normally
used for domestic or professional purposes.
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.5 Accessory use standards
Adopted 7/12/2016 Zoning Ordinance
3-40 City of Fairfax, Virginia
(5) No expansion shall be permitted outside the principal structure that houses
the home occupation, except that which is necessary to house vehicles used
in the conduct of home occupation.
(6) Advertising signs shall be limited to one unlighted wall sign no larger than
three square feet in area, attached to the structure housing the home
occupation, or one yard sign of the same size not to exceed three feet in
height.
(7) There shall be no display of goods, tools, equipment, or commercial
vehicles.
13. Keeping of honey bees
(a) Colony density
(1) The minimum lot size required for beekeeping shall be 5,000 square feet.
(2) The maximum number of hives allowed shall be determined based on lot
sizes as follows:
(i) Larger than 5000 square feet but smaller than 0.25 acre: 2 beehives
(ii) Larger than 0.25 acre: 4 beehives
(b) Best practices
Keeping of up to four beehives on an occupied residential lot shall be allowed
provided:
(1) Beehives will not be located any closer than 10 feet from any side or rear lot
line.
(2) All honey bee colonies shall be kept within types of hives with removable
combs to facilitate inspection, and maintained in sound and usable
condition.
(3) A constant supply of fresh water shall be provided on the lot within 20 feet
of all hives. The water source shall be maintained so as not to become
stagnant.
(4) A flyway barrier at least six feet in height but no greater than seven feet in
height shall be erected parallel to the property line between the hive
opening and any property line located 10 feet or less therefrom. The flyway
barrier shall consist of a wall, solid fence, dense vegetation, or a
combination thereof extending five feet beyond the hive in each direction.
A flyway barrier of dense vegetation shall not be limited to seven feet in
height provided that the initial planting is four feet in height and the
vegetation normally reaches six feet in height or higher. Barriers shall be
maintained in good condition so that all bees are forced to fly at an
elevation of at least six feet above ground level.
(5) Where a colony exhibits aggressive or swarming behavior, the beekeeper
shall ensure that the colony is re-queened or removed. Aggressive behavior
is any instance in which unusual aggressive characteristics such as stinging
or attacking without provocation occurs.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.5 Accessory use standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-41
(c) Permit and administration
The zoning administrator shall be authorized to establish use specific permit and
administrative procedural requirements as necessary to ensure compliance with
the applicable requirements of this chapter, the city code and Virginia law.
14. Keeping of chickens
(a) Applicability
In addition to RL district lots, keeping of chickens shall also be allowed on other
single-family residential lots with a minimum of 20,000 square feet.
(b) General provisions
Keeping of up to four chickens on an occupied single-family residential lot shall be
allowed, provided that:
(1) No person shall keep any rooster.
(2) The chickens shall be used only for non-commercial household egg
production. Selling eggs and slaughtering chickens shall be prohibited.
(3) The chickens shall be provided with a clean, covered, well-ventilated
enclosure that is secure from predators.
(4) The chickens must be kept in the covered enclosure or within a fenced or
walled area at all times.
(5) No enclosure shall be located closer than 25 feet to an occupied, off-site
residential dwelling.
(c) Best practices
Any person who keeps chickens under this section shall comply with all city and
Virginia laws, ordinances, and regulations regarding care, shelter, sanitation,
health, noise, cruelty, neglect, reasonable control, and any other requirements
pertaining to the adequate care and control of animals in the city.
(d) Permit and administration
The zoning administrator shall be authorized to establish use specific permit and
administrative procedural requirements as necessary to ensure compliance with
the applicable requirements of this chapter, the city code and Virginia law.
15. Keeping of dogs
(a) Animal density
(1) The keeping of dogs more than four months of age on lots used for
residential purposes shall be based on lot size, as follows:
MINIMUM LOT SIZE (SQ. FT.)
MAXIMUM NUMBER OF DOGS ALLOWED MORE THAN
4 MONTHS OF AGE
Less than 7,500 2
7,500 3
12,500 4
(2) In no case shall more than four dogs more than four months of age be kept
on any residential lot in the city.
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.5 Accessory use standards
Adopted 7/12/2016 Zoning Ordinance
3-42 City of Fairfax, Virginia
(b) Best practices
Houses, runs, pens and other similar structures for the housing of dogs shall be
located in accordance with §3.5.5.A; provided that in no instance shall a structure,
run or pen for three or more dogs be located closer than 20 feet to any lot line.
16. Keeping of rabbits
Hutches, pens, cages, coops and other similar structures for the housing of rabbits shall
be located in accordance with the provisions set forth in §3.5.5.A; provided that in no
instance shall a hutch or coop, pen or cage for three or more rabbits be located closer
than 20 feet to any lot line.
17. Outdoor dining and service areas
Outdoor dining and service areas may be allowed as an accessory use to otherwise
allowed restaurant or food services, subject to the following requirements:
(a) Outdoor dining and service areas shall be located on private property, unless
otherwise approved.
(b) Outdoor dining and service areas, including any canopy or cover associated with
the use, shall be permitted within the required setback.
(c) Hours of operation shall not extend past the normal operating hours of the
principal restaurant or food service use.
(d) Outdoor dining and service areas located in side or rear yards adjacent to or
across a street from residential districts shall not operate before 9:00am or after
11:00pm.
(e) No sound or audio or video entertainment from outdoor dining and service areas
shall be visible or audible before 7:00am or after 11:00pm on Fridays and
Saturdays, and before 7:00am or after 10:00pm Sunday through Thursday.
18. Parking structures
Parking structures above finished grade shall comply with applicable building setback
requirements.
19. Religious institutions accessory uses
Day care centers, nursery schools, and schools, elementary, middle, high shall be
allowed as accessory uses to religious institutions subject to the applicable provisions
of §3.5.2.B, §3.5.2.F, §3.5.2.H, respectively..
20. Retail, convenience
Convenience retail shall be allowed as an accessory use to fuel stations and
convenience stores. (See also §3.4.1.H.1)
21. Services, convenience
Convenience service shall be allowed as an accessory use to office buildings. (See also
§3.4.1.H.2)
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Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.6 Temporary Use Standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-43
§3.5.6. Temporary Use Standards
A. Purpose and intent
There are certain uses that may be permissible on a temporary basis subject to the controls,
limitations and regulations of §3.5.6. The following sections provide the procedures and
criteria used by the zoning administrator in reviewing temporary use applications.
B. Permitted temporary uses
No temporary use shall be established unless a temporary use permit is approved pursuant
to the provisions of §6.15. In addition to complying with the approval criteria of §6.15.4, the
following uses shall comply with the applicable specific use requirements:
1. Pick-up and drop-off containers and facilities, subject to §3.5.6.D;
2. Construction offices, temporary, subject to §3.5.6.E;
3. Family health care structure, temporary, subject to §3.5.6.F;
4. Retail sales events, outdoor, temporary subject to §3.5.6.G;
5. Residential sales offices and model homes, temporary, subject to §3.5.6.H;
6. Residences, temporary, subject to §3.5.6.I;
7. Special events, temporary, subject to §3.5.6.J;
8. Seasonal product sales, temporary, subject to §3.5.6.K;
9. Storage pods, temporary, subject to §3.5.6.L;
10. Vehicle storage, temporary, subject to §3.5.6.M;
11. Other uses similar in nature to the ones listed above, with corresponding controls,
limitations and regulations, in accordance with the general standards of §3.5.6.C.
C. General standards
1. No temporary use shall be permitted unless the applicant demonstrates compliance
with these standards to the satisfaction of the zoning administrator. The zoning
administrator may impose reasonable conditions on the use to ensure compliance with
these standards or other applicable provisions of law.
2. Temporary uses and temporary use permits may be approved for up to one year,
unless otherwise specified.
3. Adjacent uses shall be suitably protected from any adverse effects of the use, including
noise and glare.
4. The use shall not create hazardous conditions for vehicular or pedestrian traffic, or
result in traffic in excess of the capacity of streets serving the use.
5. Adequate refuse management, security, emergency services and similar necessary
facilities and services shall be available for the temporary use, and all sanitary facilities
shall be approved by the appropriate health agency.
6. The site shall be suitable for the proposed use, considering flood hazard, drainage, soils
and other conditions that may constitute a danger to life, health or safety.
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.6 Temporary Use Standards
Adopted 7/12/2016 Zoning Ordinance
3-44 City of Fairfax, Virginia
7. The use shall not have a substantial adverse impact on the natural environment,
including trees, ground cover and vegetation.
8. The use shall be maintained in an orderly manner and all donations shall be contained
within the container.
D. Pick-up and drop-off containers and facilities
1. Applicability
Temporary use permits for pick-up and drop-off containers and facilities may be
approved for up to three years, and the permit may be renewed, in the following
locations and circumstances:
(a) In CL, CO, CR, CU, and CG districts on lots containing not less than 40,000 square
feet;
(b) In commercial areas of planned districts, when ancillary to the principal use, and
only when shown on an approved master development plan;
(c) In residential districts where the principal use of the development is not
residential, and only when such containers and facilities are shown on an
approved site plan; and
(d) When such container and facilities is specifically identified on approved master
development plans.
2. Maximum size and number
A maximum of two donation drop-off boxes shall be permitted on any one lot and shall
be located within a contiguous area of not more than 120 square feet, with no
individual drop-off box exceeding the dimensions of seven feet in height, six feet in
width or six feet in length.
3. Location
(a) Pick-up and drop-off containers and facilities shall be permitted in any yard except
the minimum required front or side (street) yard.
(b) Such containers and facilities shall not be located in any required recreation and
open space, transitional yard, required landscaped area, on any private street,
sidewalk or trail, in any required parking space, or in any location that blocks or
interferes with vehicular and/or pedestrian circulation. Donation drop-off boxes
shall be located in accordance with all applicable building and fire code
regulations for the purpose of ensuring safe ingress and egress, access to utility
shut-off valves, and for fire protection. Such containers shall also be subject to the
visual clearance provisions of §4.3.4.
4. Design, management and maintenance
(a) Donation drop-off boxes shall be weather-proof, constructed of painted metal,
plastic, or other similarly noncombustible material, properly maintained in good
repair and in a manner that complies with all applicable building code and fire
code regulations, and secured from unauthorized access.
RETURN TO TABLE OF CONTENTS
Chapter 110. Article 3. Zoning Districts and Regulations §3.5 Specific Use Standards
§3.5.6 Temporary Use Standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-45
(b) All donated items shall be collected and stored in the donation drop-off box which
shall be emptied as needed or within 48 hours of a request by the property owner
or authorized agent.
(c) Items and materials including trash shall not be located outside or in proximity to
a donation drop-off box for more than 24 hours and shall be removed by the
property owner, operator of the donation drop-off box or their authorized agent.
5. Screening
Pick-up and drop-off containers and facilities shall be screened in accordance with the
requirements of §4.5.8.E.
6. Signage and information
Donation drop-off boxes shall display the following information in a permanent and
legible format that is clearly visible from the front of the container:
(a) Specific items and materials requested;
(b) Name of the operator or owner of the container;
(c) Entity responsible for the maintenance of the container and the removal of
donated items, including any abandoned materials and trash located outside the
donation drop-off box;
(d) Phone number where the owner, operator or agent of the owner or operator may
be reached at any time; and
(e) Notice stating that no items or materials shall be left outside of the donation
drop-off box and the statement, “Not for refuse disposal. Liquids are prohibited.”
E. Construction offices, temporary
An industrialized building may be used as a temporary office, security shelter, or shelter for
materials or tools necessary for construction on or development of the premises upon which
the temporary construction office is located. Such use shall be strictly limited to the time
construction or development is actively underway.
F. Family health care structure, temporary
A temporary family health care structure shall be allowed in accordance with the
requirements of Code of Virginia, § 15.2-2292.1.
G. Retail sales events, outdoor
Outdoor retail sales events may be permitted only in conjunction with an established
business and on the same lot as said business.
H. Residential sales offices and model homes, temporary
1. Temporary residential sales offices and model homes may be located within a
residential district as part of an ongoing residential development. Such offices and
homes shall be removed or converted to a use permitted within the district when use
as a sales office or model home has ceased.
2. Model homes for new subdivisions shall only be occupied for residential habitation
after all business activities have ceased. Upon sale the home shall comply with
applicable residential parking standards.
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§3.5 Specific Use Standards Chapter 110. Article 3. Zoning Districts and Regulations
§3.5.6 Temporary Use Standards
Adopted 7/12/2016 Zoning Ordinance
3-46 City of Fairfax, Virginia
I. Residence, temporary
No recreational vehicle, trailer, tent, garage, barn or other similar vehicle or building erected
on any lot shall be used as a residence for more than 10 days within a six month period,
provided that the City Council may approve longer time frames in cases of significant
calamity or natural disaster.
J. Special events, temporary
Temporary events, including but not limited to car shows, carnivals, circuses, dog shows,
festivals, fairs, fireworks shows, horse shows, tent revivals and similar events, regardless of
whether or not admission is charged, may be permitted subject to the following standards:
1. Temporary use permit for such activities shall be issued for not more than 10 days, in
any six-month period.
2. No such activity shall be located closer than 300 feet to a residential use, without the
approval of city council. This provision shall not apply to public, civic and institutional
use-sponsored events, and indoor events.
3. Adequate provisions must be made for parking, and safe ingress and egress must be
provided.
4. Night operations shall be permitted only if there is a lighting plan that provides for safe
lighting without excessive glare into streets or residential areas.
5. Signs for temporary special events shall comply with §4.6.
K. Seasonal sales, temporary
Seasonal sales, such as Christmas tree, fireworks and pumpkin sales lots, may be allowed in
nonresidential districts and on the sites occupied by schools and/or religious institutions for
up to 30 consecutive days.
L. Storage pods, temporary
Storage pods, crates and similar storage units may be allowed subject to compliance with the
following requirements.
1. Storage pods for off-site storage of household or other goods located in a yard are
permitted for:
(a) A maximum of 30 days within a six-month period on a single-family lot; seven
consecutive days with a six-month period on other residential sites; and
(b) On active construction sites, provided they are removed within 30 days of
completion of construction.
2. Storage pods used for the purpose of storing excess inventory to be sold in connection
with an established retail business on the same lot.
3. The proposed storage pod location shall not impede pedestrian traffic, or be located
within required landscaped areas.
4. Stacking of storage pods is prohibited.
M. Vehicle storage, temporary
Temporary vehicle storage may be allowed in nonresidential districts, subject to special use
review pursuant to §6.7.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.6 Dimensional Standards
§3.6.1 Residential districts
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-47
§3.6. DIMENSIONAL STANDARDS
The dimensional standards of §3.6 apply to all general district development. Methods of measurement
and exceptions are found in §1.5.
§3.6.1. Residential districts
RESIDENTIAL DISTRICTS
DIMENSIONAL STANDARDS RL RM RH RT-6 RT RMF
DENSITY (UNITS/ACRE), MAXIMUM -- -- -- 6 12 20
SITE AREA (ACRES), MINIMUM -- -- -- 3 0.4 0.5
LOT AREA/ UNIT, MINIMUM (SQ. FT.) 20,000 7,500 6,000 1,600 [3] 1,500 1,800
REQUIRED YARDS, MINIMUM (FT.) [1]
Front 40 25 20 10 10 25
Side (street) 30 20 15 20 20 25
Side (interior) 15 10 10 0 0 25
Rear 25 25 25 20 20 35
LOT WIDTH, MINIMUM (FT.)
Interior lots 100 75 60 18 18 --
Corner lots 125 95 80 18 18 --
HEIGHT, MAXIMUM (STORIES/FEET) [2]
Adjacent to RL, RM or RH district 3/35 3/15-35[2] 3/15-35[2] 3/35 3/35 3/35
Not adjacent to RL, RM or RH district 3/35 3/35 3/35 3/35 4/45 4/45
BUILDING COVERAGE, MAXIMUM (%) 25 35 60 60 60
LOT COVERAGE, MAXIMUM (%) 40 50 80 80 80
NOTES:
[1] Special building line requirements apply where narrow right-of-way areas are found, see §1.5.12.F.
[2] Some exceptions apply. See §1.5.11.A.2(a).
[3] Or, an average of 1,800 square feet.
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§3.7 Overlay Districts Chapter 110. Article 3. Zoning Districts and Regulations
§3.6.2 Nonresidential districts
Adopted 7/12/2016 Zoning Ordinance
3-48 City of Fairfax, Virginia
§3.6.2. Nonresidential districts
NONRESIDENTIAL DISTRICTS
DIMENSIONAL STANDARDS CL CO CR CU CG IL IH
DENSITY (UNITS/ACRE), MAXIMUM RESERVED
LOT AREA, MIN. (SQ. FT.) -- 20,000 20,000 30,000 22,000 -- --
REQUIRED YARDS (FT.)
Front and side (street)
Maximum -- -- 88[1] 15[1] -- -- --
Minimum 20 20 20[1] 0[1] 20 20 25
Side (interior), min. adjacent to a residential district 25 25 25 25 25 50 50
Side (interior), min. not adjacent to a residential district 12 0/10[2] 0/10[2] 0/10[2] 25 0 0
Rear, min. adjacent to a residential district 25 25 25 25 25 50 50
Rear, min. not adjacent to a residential district 0 0 0 0 25 0 0
BUILD-TO LINE, MANDATORY (PERCENT) -- -- -- 50 -- -- --
LOT WIDTH, MINIMUM (FT.) -- -- -- -- 150 -- --
BULK PLANE REQUIREMENTS (DEGREES)
Front -- -- -- -- -- -- --
Side (interior), adjacent to a residential district -- 45 45 45 45 45 45
Side (interior), not adjacent to a residential district -- -- -- -- -- 30 30
Rear, adjacent to a residential district -- 45 45 45 45 45 45
Rear, not adjacent to a residential district -- -- -- -- -- 30 30
HEIGHT, MAXIMUM (STORIES/FEET) 3/35 5/60 5/60 5/60 5/60 3/35 6/60
BUILDING COVERAGE, MAXIMUM (%) 25 50 60 80 -- 50 50
LOT COVERAGE, MAXIMUM 50 85 85 100 90 90 90
FLOOR AREA, MAXIMUM (SQ. FT.) 17,500 -- -- -- -- -- --
NOTES:
[1] Special building line requirements apply where narrow right-of-way areas are found, see §1.5.12.F.1(a).
[2] No side (interior) yard is required, but if a building is not built to the lot line, a minimum 10 foot side (interior) yard shall be required.
§3.7. OVERLAY DISTRICTS
§3.7.1. General
Overlay districts are “overlaid” upon other districts and they modify something about the
underlying district; e.g. building design, dimensional standards, site development standards. Land
so encumbered may be used in a manner permitted in the underlying district only if and to the
extent such use also complies within the regulations contained herein.
§3.7.2. Historic overlay district
A. General
1. Any structure, group of structures, site or area may be designated a historic district,
provided such property is found to:
(a) Have significant historic character, interest or value as part of the city's heritage;
(b) Be the site of a historic event with a significant effect upon society;
(c) Exemplify the cultural, political, economic, social or historic heritage of the
community;
(d) Portray an era of history characterized by a distinctive architectural style;
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Chapter 110. Article 3. Zoning Districts and Regulations §3.7 Overlay Districts
§3.7.2 Historic overlay district
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-49
(e) Be part of or related to a distinctive area which should be developed or preserved
according to an historic, cultural or architectural motif;
(f) Represent an established and familiar visual feature of the community; or
(g) Be likely to yield information important to history or prehistory.
2. All structures and improvements erected, enlarged, or reconstructed in historic overlay
districts shall be designed and constructed in a manner that will complement the
unique character of the district with respect to building size, scale, placement, design
and the use of materials.
3. Improvements within this district shall be subject to the approval of a certificate of
appropriateness in accordance with the provisions of §6.5.
B. Old Town Fairfax Historic Overlay District
1. Applicability
Development in the Old Town Fairfax Historic Overlay District shall comply with the
requirements of this §3.7.2.B.
2. Additional uses
In addition to those uses permitted in the underlying zoning district, the following uses
shall be allowed as specified below.
(a) Permitted uses
(1) Services, personal
(2) Restaurants or food services, subject to §3.5.3.F
(3) Retail, general (See §3.4.1.F.7)
3. Prohibited uses
(a) Drive-through windows/facilities
(b) Vehicle sales and leasing
4. Dimensional standards
(a) Lot area, minimum
None
(b) Lot width, minimum
None
(c) Height, maximum
36 feet, three stories, provided that, decorative architectural elements not used
for human habitation, such as towers and spires, may extend an additional five
feet above the maximum height specified above.
RETURN TO TABLE OF CONTENTS
§3.7 Overlay Districts Chapter 110. Article 3. Zoning Districts and Regulations
§3.7.2 Historic overlay district
Adopted 7/12/2016 Zoning Ordinance
3-50 City of Fairfax, Virginia
(d) Required yards (setbacks)
(1) Build-to line, mandatory (percent): 50 percent
(2) Front and side (street) yard, maximum
Front yard and side (street) yard shall not exceed ten feet for more than 50
percent of the linear frontage of the building, except that areas contiguous
with the structure and used for outdoor dining and service, public plazas,
gazebos, landscaped areas or courtyards shall be exempt from this
requirement. This yard area shall not be used for parking.
(3) Front and side (street) yard, minimum
(i) Where necessary to accommodate a ten-foot wide sidewalk: 10 feet
(ii) Where not necessary to accommodate a ten-foot wide sidewalk:
None
(4) Side (interior) yard
(i) Adjacent to residential district property outside the district overlay
boundaries: 25 feet, and a transitional yard TY2 shall be provided in
accordance with the provisions of §4.5.5.
(ii) Not adjacent to residential district property outside the district
overlay boundaries: None
(5) Rear yard
(i) Adjacent to residential district property outside the district overlay
boundaries: 25 feet, and a transitional yard TY2 shall be provided in
accordance with the provisions of §4.5.5.
(ii) Not adjacent to residential district property outside the district
overlay boundaries: None
(e) Bulk plane
(1) Adjacent to residential district property outside the district overlay
boundaries: 45 degrees
(2) Not adjacent to residential district property outside the district overlay
boundaries: None
(3) The bulk plane requirements above shall not be interpreted as applying on
the front or side (street) of a lot.
(4) Lot coverage (maximum): 100 percent
(5) Building coverage (maximum): 90 percent
5. Off-street parking
The parking ratio requirements of §4.2.3.E shall be reduced as follows:
(a) Parking District A: 100 percent
(b) Parking District A shall consist of the area bounded on the west by Chain Bridge
Road, on the east by East Street, on the north by North Street and on the south by
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Chapter 110. Article 3. Zoning Districts and Regulations §3.7 Overlay Districts
§3.7.2 Historic overlay district
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-51
Sager Avenue containing four blocks, together with the area bounded on the
north and west by North Street, on the east by Chain Bridge Road, and on the
south by Main Street containing one block.
(c) All other parts of the Old Town Fairfax Historic Overlay District: 50 percent for all
uses.
6. Safe sight triangle requirements
The safe sight triangle requirements of §4.3.4 shall not apply in the Old Town Fairfax
Historic Overlay District.
7. Street trees
The street tree requirements of §4.5.6.B shall not apply in the Old Town Fairfax Historic
Overlay District.
8. Signs
(a) Applicability
All signs otherwise allowed in the underlying general use district (§4.6.8),
including those allowed without a permit (§4.6.3), shall be subject to the review of
the board of architectural review; provided, however, changes to text only shall
not be subject to such review. Changes to the font color and size are subject to
board review.
(b) General
(1) Signs on buildings shall be designed and constructed as an integral part of
the building facade in terms of design and placement.
(2) Signs shall be compatible with and relate to the design elements of a
building including proportion, scale, materials, color and details. Signs shall
not obscure, depreciate, or compete with a building's significant
architectural features.
(c) Lettering size
Lettering on signs shall not exceed 12 inches in height, unless otherwise approved
by the board of architectural review, at which time the maximum height
considered would be 14 inches.
(d) Illumination
Illumination of signs shall be external only. This provision shall not be applied to
“open“ signs otherwise allowed by §4.6.3.C.
(e) Moving signs
Notwithstanding other provisions to the contrary, barber pole signs may include
the traditional spinning, red/white/blue, internal element.
(f) Cumulative sign area
(1) Total cumulative sign area may not exceed one square foot for each linear
foot of building frontage and 0.50 square feet for each linear foot of
building face not defined as building frontage; provided, however, that each
detached building shall be permitted at least 15 square feet of building-
mounted sign area.
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§3.7 Overlay Districts Chapter 110. Article 3. Zoning Districts and Regulations
§3.7.2 Historic overlay district
Adopted 7/12/2016 Zoning Ordinance
3-52 City of Fairfax, Virginia
(2) Parking structures may be counted toward total cumulative sign area.
(3) Awning or canopy signs located on the first floor of a building indicating
only the name of a building or tenant shall not be counted toward the
maximum permitted coverage.
(g) Allowed sign types and regulations
The following sign types shall be allowed, subject to regulations as specified below.
OLD TOWN FAIRFAX HISTORIC OVERLAY DISTRICT SIGN TYPES AND REGULATIONS
SIGN TYPE AREA SETBACK MAXIMUM HEIGHT OTHER
Wall 1.00 sq. ft./linear ft. building
frontage; 0.50 sq. ft./linear ft. of
building face which is not
defined as a building frontage
N/A
Projecting 8 sq. ft. May project 4 ft.
or 1/3 width of
sidewalk,
whichever is less
No higher than windowsill of
second story unless such sign is
adjacent to a second story
exterior entrance; 8 ft. min.
ground clearance required
Window 25 percent of the gross,
transparent glass area on the
ground floor façade of a building
N/A N/A
Freestanding,
Hanging [1]
8 sq. ft. Minimum building
setback
12 ft.
Hardship 1.00 sq. ft./linear ft. building
frontage; 0.50 sq. ft./lineal ft. of
building face which is not
defined as a building frontage
N/A
Monument 8 sq. ft. Minimum building
setback
6 ft.
Sandwich
Board
6 sq. ft. N/A N/A -A maximum of one such
sign allowed per business
or use
-Must be located on private
property and must not
impede pedestrian flow
Canopy N/A N/A N/A May only indicate the name
of the building or tenant
Flags 24 sq. ft. each building; counted
as part of building-mounted
signage for purpose of
calculating permitted area
The anchoring
device shall not
project more than
5 ft. from the
surface of the wall
No part of the flag shall extend
above the roof line or 20 ft.
above grade, whichever is less.
Each flag shall maintain an 8 ft.
minimum clearance above grade
Each supporting pole shall
be located in such a
manner as not to impede
the free flow of pedestrian
traffic
Notes:
[1] All other types of freestanding (or pylon) signs are prohibited.
1 ALL OTHER TYPES OF PYLON SIGNS ARE PROHIBITED.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.7 Overlay Districts
§3.7.2 Historic overlay district
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-53
C. Fairfax Public School Historic Overlay District
1. Applicability
Development in the Fairfax Public School Historic Overlay District shall comply with the
requirements of this §3.7.2.C.
2. Additional uses
In addition to those uses permitted in the underlying zoning district, the following uses
shall be allowed as specified below.
(a) Permitted uses
Uses permitted shall include:
(1) Museums
(2) Visitors' centers
(b) Accessory uses
Where the aggregate of all such uses is less than 20 percent of the gross floor area
of the existing structure, accessory uses may include:
(1) Refreshment areas
(2) Gift shops
D. Blenheim Historic Overlay District
1. Applicability
Development in the Blenheim Historic Overlay District shall comply with the
requirements of this §3.7.2.D.
2. Additional uses
In addition to those uses permitted in the underlying zoning district, the following uses
shall be allowed as specified below.
(a) Permitted uses
Uses permitted shall include:
(1) Museums
(2) Interpretive centers
(b) Prohibited uses
(1) Electric transformers and substations
(2) Telephone repeater stations
3. District regulations
Notwithstanding any conflicting provisions, the historic Blenheim house shall not be
razed or demolished.
4. Special submission requirements
Applications for development of the property in the Blenheim Historic Overlay District
shall require submission of archaeological and/or architectural assessments and plans
detailed as follows:
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§3.7 Overlay Districts Chapter 110. Article 3. Zoning Districts and Regulations
§3.7.2 Historic overlay district
Adopted 7/12/2016 Zoning Ordinance
3-54 City of Fairfax, Virginia
(a) Archaeological study and plan
(1) Archaeological studies and archaeological resource conservation plans shall
be prepared by a qualified archaeologist or historian in conformity with
professionally recognized standards for cultural resource management.
(2) The applicant shall confer with the zoning administrator prior to preparing
any submission to define and agree upon guidelines for such study and plan.
(3) Such archaeological study shall include a detailed evaluation of the
significance of the study area, including, but not limited to, reasonable
measures for historic research, archaeological surveys, and test excavations.
(4) Such archaeological resource conservation plans shall include reasonable
measures for the study and preservation of archaeological resources found
within the proposed development area, including, but not limited to, test
and full-scale excavations, site construction monitoring, field recording,
photography, laboratory analysis, conservation of organic and metal
artifacts, curation of the collection, and preparation of studies.
(5) Such archaeological resource conservation plans may also provide
reasonable measures for further archaeological study, restoration,
reconstruction, or disposition of recovered artifacts to an appropriate public
or private collection museum, and in situ preservation of archaeological
resources found within the site plan area.
(6) Such archaeological studies and resource conservation plans shall be
reviewed and approved, disapproved, or approved with modifications or
conditions as part of the development review process.
(b) Architectural assessment and plan
(1) Architectural assessments and restoration plans shall be prepared by a
qualified architect or engineer in conformity with professionally recognized
standards for architectural documentation.
(2) The applicant shall confer with the director of the department of
community development and planning prior to preparing any submission to
define and agree upon guidelines for such assessment and plan.
(3) Such architectural assessments shall be based on physical examination and
documentary research to determine:
(i) Architectural significance of the property when evaluated within the
historic context of the site;
(ii) Design and construction features that make the property important;
and
(iii) Integrity of the site with regard to the design, setting, workmanship,
and materials used for construction.
(4) Restoration plans shall include reasonable measures for the study and
preservation of architectural resources found within the application area.
RETURN TO TABLE OF CONTENTS
Chapter 110. Article 3. Zoning Districts and Regulations §3.7 Overlay Districts
§3.7.3 Old Town Fairfax Transition Overlay District
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-55
(5) Assessments and plans shall be reviewed and approved, disapproved, or
approved with modifications or conditions as part of the development
review process.
E. John C. Wood House Historic Overlay District
1. Prohibited uses
(a) Electric transformers and substations
(b) Telephone repeater stations
§3.7.3. Old Town Fairfax Transition Overlay District
A. Applicability
1. No structure or improvement in the Old Town Fairfax Transition Overlay District,
including signs and significant landscape features associated with such structure or
improvement, located on land within the district shall be erected, reconstructed,
substantially altered or restored until the plans for architectural features, and
landscaping have been approved in accordance with the provisions of this article and
§6.5.
2. The provisions of §3.7.3 shall not apply to regular maintenance of a structure,
improvement or site; however, changes to the exterior color of a structure, or
substantial portion thereof, shall be deemed an alteration and not regular
maintenance. Further, the provisions of this district shall not apply to single-family
detached residences after such residences have been initially erected.
B. Additional uses
In addition to those uses permitted in the underlying zoning district, the following uses shall
be allowed as specified below.
1. Permitted uses
(a) Where the underlying zoning is the CL, CO, CR or CG district, uses permitted
include upper story residential/mixed use:
(b) Prohibited uses
Vehicle sales and leasing
C. Dimensional standards
1. Lot area, minimum
(a) Lot area: None
(b) Lot width: None
2. Height, maximum: 48 feet
Decorative architectural elements not used for human habitation, such as towers and
spires, may extend an additional eight feet above the maximum height specified above.
RETURN TO TABLE OF CONTENTS
§3.7 Overlay Districts Chapter 110. Article 3. Zoning Districts and Regulations
§3.7.3 Old Town Fairfax Transition Overlay District
Adopted 7/12/2016 Zoning Ordinance
3-56 City of Fairfax, Virginia
3. Required yards (setbacks)
(a) Build-to line, mandatory (percent): 50 percent
(b) Front and side (street) yard, maximum
Front yard and street (side) yard shall not exceed ten feet for more than 50
percent of the linear frontage of the building, except that areas contiguous with
the structure and used for outdoor dining and service, recreation and open space
areas shall be exempt from this requirement. This yard area shall not be used for
parking.
(c) Side (interior) yard
(1) Adjacent to residential district property outside the district overlay
boundaries: 25 feet, and a transitional yard TY2 shall be provided in
accordance with the provisions of §4.5.5.
(2) Not adjacent to residential district property outside the district overlay
boundaries: None
(d) Rear yard
(1) Adjacent to residential district property outside the district overlay
boundaries: 25 feet, and a transitional yard TY2 shall be provided in
accordance with the provisions of §4.5.5.
(2) Not adjacent to residential district property outside the district overlay
boundaries: None
4. Lot coverage (maximum): 90 percent
5. Building coverage (maximum): 80 percent
6. Bulk plane
(a) Adjacent to residential district property outside the district overlay boundaries: 45
degrees
(b) Not adjacent to residential district property outside the district overlay
boundaries: None
(c) The bulk plane requirements above shall not apply to the front or side (street) of a
lot.
D. Sidewalk
Where there is not a 10-foot sidewalk adjacent to a proposed building site, a 10-foot
sidewalk or portion thereof as needed to total 10 feet shall be provided on site.
E. Off-street parking
The parking ratio requirements of §4.2.3.E shall be reduced by 50 percent for all uses,
provided that each dwelling unit shall have no less than 1.50 spaces, unless otherwise
specified in §4.2.3.E.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.7 Overlay Districts
§3.7.4 Architectural control overlay district
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-57
F. Signs
1. General
All signs otherwise allowed in the underlying general use district (§4.6.8), including
those allowed without a permit (§4.6.3), shall be subject to the review of the board of
architectural review; provided, however, changes to text only shall not be subject to
such review. Changes to the font color and size are subject to board review.
2. Hardship signs
In addition to other allowable signs, hardship signs may be approved, subject to
findings specified in §4.6.11.F.1, as follows:
(a) Area
The area of a hardship signs shall be no more than 2.0 square feet in per linear
foot of building frontage.
(b) Number
No more than one hardship sign shall be allowed per address.
(c) Height
No portion of a hardship sign may extend above the roof line of the building
containing the principal use.
(d) Location
(1) Hardship signs may be attached to an accessory building or structure, other
than a pylon.
(2) Hardship signs shall not extend beyond the perimeter of any building edge.
(3) Hardship signs may be located on a parapet that extends no more than five
feet above the lowest eave of the roof.
§3.7.4. Architectural control overlay district
A. Applicability
Except as specified in §3.7.4.C, below, the architectural control overlay district shall apply
city-wide to all development, including significant landscape features associated with such
improvements to be erected, reconstructed, substantially altered or restored, outside the
historic overlay districts of §3.7.2 and the Old Town Fairfax Transition Overlay District
(§3.7.3).
B. Certificate of appropriateness required
Except as specified in §3.7.4.C, below, all development in the architectural control overlay
district shall be subject to the approval of a certificate of appropriateness in accordance with
the provisions of §6.5.
C. Exceptions
The architectural control overlay district shall not apply to signs, unless otherwise specified,
or to the following uses:
1. Single-family detached;
2. Duplex dwellings, after initial approval and construction; and
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§3.8 Planned Development Districts Chapter 110. Article 3. Zoning Districts and Regulations
§3.8.1 General purposes
Adopted 7/12/2016 Zoning Ordinance
3-58 City of Fairfax, Virginia
3. Townhouses, after initial approval and construction.
D. Design guidelines and standards
1. All development regulated by the Architectural Control Overlay District shall be in
accordance with the comprehensive plan, the community appearance plan and other
adopted design guidelines.
2. Each structure or improvement erected, enlarged, or reconstructed in the Architectural
Control Overlay District shall be designed and constructed in a manner that will
complement the unique character and atmosphere of the district with respect to
building size, scale, placement, design and the use of materials.
§3.8. PLANNED DEVELOPMENT DISTRICTS
§3.8.1. General purposes
The planned development districts of this article are intended to allow the city to set aside rigid
zoning rules in order to mix and cluster land uses and/or dwelling types and provide more usable
recreation and open space. PDs should create more livable, affordable and sustainable
community. Starting from the baseline, which is current zoning, applicants may be given increased
development rights, such as increased density and height, in return for providing benefits that
make the project “superior” and the community better.
§3.8.2. General provisions
A. Review process
All planned developments shall be reviewed and approved in accordance with the
procedures of §6.6.
B. Minimum requirements
1. In approving a rezoning for a planned development, the city council shall find the
proposed district designation and master development plan comply with the general
provisions for all planned development in §3.8.2 and the specific standards for the
planned development listed in §3.8.3 through §3.8.6, below, respectively.
2. Planned development district rezoning may be approved only when the applicant
demonstrates to the satisfaction of the city council that a proposed planned
development project would result in a greater benefit to the city than would
development under general zoning district regulations.
C. Master development plan
The development proposed in the master development plan shall be consistent with the
comprehensive plan. A master development plan shall be approved and filed as part of each
PD approval. At a minimum, such required plan shall set forth the following:
1. A statement by the applicant describing how the proposed development provides
greater benefits to the city than would a development carried out in accordance with
otherwise applicable zoning and development regulations;
2. A narrative addressing the proposed development explaining and tabulating the land
uses by acre, number of dwelling units by housing type, residential density and/or
square footage of nonresidential uses per acre, common open space acreage, potential
traffic generation, overall character and architectural style, the relationship of the
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Chapter 110. Article 3. Zoning Districts and Regulations §3.8 Planned Development Districts
§3.8.2 General provisions
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-59
proposed development to existing development in the area and other related
development features;
3. A plan identifying the locations of major streets, major utilities, existing and proposed
land uses, entrance locations on existing streets, recreation and open space,
landscaping plan, a conceptual drainage plan, and other items as may be required;
4. General district standards to be applicable within the PD district;
5. Identification of site planning features designed to ensure compatibility between on-
site residential and nonresidential uses, and with the surrounding neighborhood and
land uses;
6. A statement of how the proposed development is consistent with the comprehensive
plan; and
7. Other relevant information as may be required for a complete application.
D. Specific use standards
The specific use standards of §3.5 may be modified by city council as part of a planned
development review. Unless specifically modified by the city council as part of planned
development approval all specific use standards specified in §3.5 shall apply.
E. Site development standards
1. In accordance with the considerations of §6.6.8, planned developments should always
result in greater benefit to the city, not less, as compared to development under the
general district requirements.
2. Planned developments shall not be approved for the sole purpose of reducing site
development requirements or avoiding some other applicable requirement.
3. The site development standards of Article 4 and the streets design and improvement
standards (See Subdivision Ordinance, Section 2.2) may be modified by the city council
as part of a planned development approval. Unless specifically modified by the city
council as part of a planned development approval all site development standards
specified in Article 4, shall apply.
F. Design guidelines and dimensional standards
1. Each planned development shall provide a comprehensive set of design guidelines that
demonstrate the project will be consistent with the comprehensive plan. All
dimensional standards shall be established by the city council at the time of approval.
2. Each applicant will be required to propose a master development plan to include
design guidelines and all changes relative to the applicable, current general district. The
city council can modify that plan in the review process; only city council can approve a
planned development rezoning.
G. Recreation and open space
The master development plan shall provide recreation and open space in accordance with
the requirements of §3.8.7. At least 20 percent of each planned development site shall be
designated as recreation and open space for use and enjoyment of the residents and
occupants of the Planned development.
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§3.8 Planned Development Districts Chapter 110. Article 3. Zoning Districts and Regulations
§3.8.3 PD-R, Planned Development Residential District
Adopted 7/12/2016 Zoning Ordinance
3-60 City of Fairfax, Virginia
H. Phasing
If development is proposed to occur in phases, the master development plan shall include a
phasing plan for the development, and if appropriate, with specific build-out dates.
Guarantees shall be provided that project improvements and amenities that are necessary
and desirable for residents and occupants of the project or that are of benefit to the city, are
constructed with the first phase of the project, or, if this is not possible, then as early in the
project as is technically feasible.
I. Development schedule
No zoning permit to authorize the occupancy of more than 66 percent of the approved
residential floor area as part of PD-C or PD-M district development shall be issued prior to
the issuance of a zoning permit to authorize the occupancy of 100 percent of the approved
nonresidential floor area, unless specifically modified by the city council as part of planned
development approval.
§3.8.3. PD-R, Planned Development Residential District
A. Minimum Requirements
1. The PD-R, Planned Development Residential District is an option provided to encourage
a mix of housing options within a comprehensively planned development, and allowing
a increased density in return for the provision of a higher quality development than is
otherwise required; i.e., more affordable housing, recreation and open space, or other
improvements addressing community needs or values.
2. Unless waived by the city council, the PD-R district is permissible only on sites of least
two contiguous acres.
B. Permitted uses
All uses permitted or as special uses in the R districts are permitted in a PD-R district (see
§3.3.1), subject to approval by the city council.
C. Project boundary transitional yards
1. Project boundary transitional yards shall not be required where the width of the
project’s perimeter residential lots is equal to or greater than the minimum lot width of
the adjoining development or the minimum lot width required by the zoning district
applied to any adjoining undeveloped parcel.
2. Unless modified by the city council, where narrower lot widths are provided, a project
boundary transitional yard TY2 (§4.5.5) shall be provided along all project boundaries.
D. Signs
Signs allowed in the PD-R district shall be the same as signs allowed in the residential districts
in accordance with §4.6.8.
§3.8.4. PD-M, Planned Development Mixed Use District
A. Minimum Requirements
1. The PD-M, Planned Development-Mixed Use District is an option provided to
encourage coordinated mixed use developments.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.8 Planned Development Districts
§3.8.5 PD-C, Planned Development Commercial District
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-61
2. Unless waived by the city council, the PD-M district is permissible on sites of least two
contiguous acres.
B. Permitted Uses
1. All uses permitted or as special uses in those permitted in the R districts and in the C
districts (see §3.3.1), subject to approval by the city council.
2. The mix of uses shall be established by the city council at the time of approval.
C. Project boundary transitional yards
1. No project boundary transitional yard is required where the width of the project’s
perimeter, residential lots is equal to or greater than the minimum lot width of the
adjoining development or the minimum lot width required by the zoning district
applied to any adjoining undeveloped parcel.
2. Unless modified by the city council, a project boundary transitional yard TY3 (§4.5.5)
shall be provided along all site area boundaries.
D. Signs
Signs allowed in the PD-M district shall be the same as signs allowed in the residential and
nonresidential districts in accordance with §4.6.8.
§3.8.5. PD-C, Planned Development Commercial District
A. Minimum Requirements
1. The PD-C, Planned Development Commercial District is an option provided to enhance
the design of a commercial development within a comprehensively planned
development by allowing for additional flexibility not available in nonresidential
districts.
2. Unless waived by the city council, the PD-C district is permissible on sites of at least two
contiguous acres.
B. Permitted uses
All uses permitted or as special uses in the C districts are permitted in a PD-C district (see
§3.3.1), subject to approval by the city council.
C. Project boundary transitional yards
Unless modified by the city council, a project boundary transitional yard TY3 (§4.5.5) shall be
provided along all project boundaries.
D. Signs
Signs allowed in the PD-C district shall be the same as signs allowed in nonresidential districts
in accordance with §4.6.8.
§3.8.6. PD-I, Planned Development Industrial District
A. Minimum requirements
1. The PD-I, Planned Development Industrial District is an option provided to encourage
unified industrial complexes of high quality by allowing for additional flexibility not
available in nonresidential districts.
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§3.8 Planned Development Districts Chapter 110. Article 3. Zoning Districts and Regulations
§3.8.7 Recreation and Open Space
Adopted 7/12/2016 Zoning Ordinance
3-62 City of Fairfax, Virginia
2. Unless waived by the city council, the PD-I district is permissible on sites of least five
contiguous acres.
B. Permitted uses
1. Uses permitted or as special uses in the CG, IL and IH districts are permitted in a PD-I
district (see §3.3.1), subject to approval by the city council.
2. Non-industrial or non-manufacturing uses located in a PD-I district are intended to
serve the needs of the development and not the needs of a surrounding area. Areas
designated for non-industrial and non-manufacturing activities shall be oriented
towards the interior of the project and shall not be located on exterior or perimeter
streets or property boundaries, but shall be centrally located within the project to
serve the employees of the district.
C. Project boundary transitional yards
Unless modified by the city council, a project boundary transitional yard TY4 (§4.5.5) shall be
provided along all project boundaries.
D. Signs
Signs allowed in the PD-I district shall be the same as signs allowed in the IL and IH districts in
accordance with §4.6.8.
§3.8.7. Recreation and Open Space
A. General
1. Recreation and open space is an integral part of planned developments (residential,
commercial and mixed use), and may be provided for conventional subdivisions and
development.
2. Where recreation and open space is included on a voluntary basis in addition to the
individual lots or to comply with minimum recreation and open space requirements
(planned developments), such lands must be in one or more parcels dedicated or
otherwise protected as permanent (active or passive) recreation and open space.
3. Any city-accepted parks, schools and other public land dedication made (voluntarily) as
part of a planned development will be counted towards complying with requirements
of §3.8.7.
B. Configuration and use
1. The location, size, character and shape of required recreation and open space must be
appropriate for its intended use. Recreation and open space land must be useable for
recreational purposes and/or provide visual and aesthetic appeal.
2. No more than 50 percent of any area otherwise containing obvious development
challenges, including the presence of the regulated 100-year floodplain, open water,
jurisdictional wetlands, a slope greater than or equal to 25 percent grade or geological
hazards, may be considered to comply with the recreation and open space
requirement.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.8 Planned Development Districts
§3.8.7 Recreation and Open Space
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-63
3. The minimum width for any required recreation and open space shall be 50 feet. The
zoning administrator may grant exceptions for items such as trail easements, mid-block
crossings and linear parks,
medians, when their purpose
meets the intent of §3.8.7.
4. At least 60 percent of the
required recreation and open
space shall be contiguous. For
the purposes of §3.8.7,
contiguous shall include any
recreation and open space
bisected by a residential
street, i.e. one primarily
serving a residential uses, provided that:
(a) A pedestrian crosswalk or underpass is constructed to provide safe and adequate
access to the recreation and open space on both sides of the street; and
(b) The right-of-way area is not included in the minimum recreation and open space
calculation.
(c) The recreation and open space shall
adjoin any neighboring recreation and
open spaces, protected lands, and non-
protected natural lands that would be
candidates for inclusion as part of future
recreation and open spaces or protected
lands.
(d) Adopted city plans shall be taken into
consideration when evaluating land use
and development applications.
(e) The required recreation and open space shall be directly accessible to the largest
practicable number of lots within the subdivision. Non-adjoining lots shall be
provided with safe, convenient access to the recreation and open space (i.e. mid-
block connections in logical locations).
(f) Access to the recreation and open space shall be provided either by an abutting
street or easement. Such easement shall be not less than 30 feet wide.
(g) Trails may be developed in recreation and open space.
(h) At least 20 percent of the recreation and open space shall be improved in
accordance with the options set forth below. The shape, topography and subsoil
shall be appropriate to the improvements proposed.
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§3.8 Planned Development Districts Chapter 110. Article 3. Zoning Districts and Regulations
§3.8.7 Recreation and Open Space
Adopted 7/12/2016 Zoning Ordinance
3-64 City of Fairfax, Virginia
RECREATION AND OPEN SPACE OPTIONS
TOT LOT & PLAYGROUNDS (PRIVATE ONLY)
Playgrounds provide play areas for children as well as open shelter and benches. Playgrounds
may be built within squares, greens, mini-parks and neighborhood parks or may stand alone
within a residential block.
Playgrounds shall be designed with commercial grade play equipment and may include picnic
units and shelters. Minimum requirements include two park benches and one trash receptacle
and one trash recycling receptacle. Must have shock-absorbing surface with a maximum two
percent slope. Playgrounds must meet all federal, state and local regulations and be compliant
with the Americans with Disabilities Act.
MINI-PARK (PRIVATE ONLY)
Mini-Parks provide active recreational facilities for the use by the residents of the immediate
neighborhood within the development.
Size is from 2,500 sq. ft. to one acre. May include: tennis courts, basketball courts, playgrounds
and seating accommodations. Each mini-park shall be centrally located and easily accessible so
that it can be conveniently and safely reached and used by those persons in the surrounding
neighborhood it is designed to serve. Rear facing lots are allowed. Mini-parks shall be attractively
landscaped and be provided with sufficient natural or man-made screening or transitional yard
areas to minimize any negative impacts upon adjacent residences.
PLAZA
Plazas are for passive recreation use adjacent to a civic or commercial building. Plazas are paved
in brick or another type of impervious surface.
Plazas shall be level, stepped or gently sloping. At no time shall a plaza’s horizontal length or
width be greater than three times the height of surrounding buildings. Size may range from 2,000
to 30,000 sq. ft.
SQUARES
Squares are formal areas for passive recreation use bounded by roads or front facing lots.
Squares shall be bounded by roads on a minimum of three sides or 75 percent of their perimeter
and may be bounded by front facing lots on one side or 25 percent of their perimeter. No rear
facing lots allowed adjacent to a square. Trees plantings are encouraged parallel to the street.
Geometrical tree planting layouts for internal plantings are encouraged. Size may range from 500
sq. ft. to one acre.
GREEN
Greens are informal areas for passive use bounded by roads or front facing lots.
A green shall be bounded by roads on a minimum of three sides or 75 percent of their perimeter
and may be bounded by front facing lots on one side or 25 percent of their perimeter. No rear
facing lots are allowed adjacent to a Green. Tree plantings can be informal and the topography
irregular. Greens may be used to preserve specimen trees. Size may range from 500 sq. ft. to
one acre.
CLUBHOUSE/POOL AMENITY AREA
Clubhouse/pool areas can be found in a neighborhood park, mini-park or alone as an amenity
area for the residents of a developed community. Clubhouse/pool areas can include: swimming
pools, group activity room, gazebos, outdoor dining and service areas, and exercise stations.
Pools should be a minimum size of 1,000 sq. ft. Clubhouses and swimming pools must meet all
applicable building and health codes for the city and the Commonwealth of Virginia.
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Chapter 110. Article 3. Zoning Districts and Regulations §3.8 Planned Development Districts
§3.8.7 Recreation and Open Space
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-65
RECREATION AND OPEN SPACE OPTIONS
NEIGHBORHOOD PARK
Neighborhood parks are designed for active or passive recreation use. Size may range from one
to five acres, however park size can exceed five acres if the neighborhood park creates an open
space that services an entire neighborhood or a group of neighborhoods; or incorporates physical
features that are an asset to the community.
Neighborhood parks shall be accessible via residential streets. Front facing lots are encouraged
around the perimeter. Neighborhood parks shall include benches and walking paths.
Neighborhood Parks may include but are not limited to: tennis courts, racquetball courts,
basketball courts, volleyball courts, ball fields, swings, slides, playgrounds, dog parks, community
gardens, restrooms, picnic units, shelters and parking lots
GREENWAY
Greenways typically follow natural or constructed features such as streams or roads and are
designed to incorporate natural settings such as creeks and significant stands of trees within
neighborhoods, and are used for transportation, recreation, and environmental protection.
Greenways differ from parks; plazas and squares in that their detailing is natural (i.e. informally
planted) except along rights-of-way, and may contain irregular topography.
Design of the greenway should incorporate conservation of existing mature tree canopy and
landscape, protection of existing natural drainage ways and creeks. Improvements shall include
paved walks/trails and benches, and trash and trash recycling receptacles.
C. Permitted uses of recreation and open space
Uses of recreation and open space may include the following:
1. Conservation areas for natural, archeological or historical resources;
2. Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar
conservation-oriented areas;
3. Pedestrian or multipurpose trails;
4. Passive recreation areas;
5. Active recreation areas, provided that impervious surface is limited to no more than 50
percent of the total recreation and open space;
6. Above-ground utility rights-of-way, provided the area does not exceed 50 percent of
the required recreation and open space;
7. Agriculture uses, provided that all applicable best management practices are used to
minimize environmental impacts;
8. Landscaped stormwater management facilities;
9. Easements for drainage, access, and underground utility lines; and
10. Other conservation-oriented uses compatible with the purposes of this chapter.
D. Prohibited uses of recreation and open space
Recreation and open space shall not include roads (except for road crossings as expressly
provided above) and parking lots.
E. Ownership and management of recreation and open space
1. Ownership
Recreation and open space shall be accepted and owned by one of the following
entities:
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§3.8 Planned Development Districts Chapter 110. Article 3. Zoning Districts and Regulations
§3.8.7 Recreation and Open Space
Adopted 7/12/2016 Zoning Ordinance
3-66 City of Fairfax, Virginia
(a) City of Fairfax
The responsibility for maintaining the recreation and open space, and any facilities
shall be borne by the city, subject to city council approval.
(b) Land conservancy or land trust
The responsibility for maintaining the recreation and open space and any facilities
shall be borne by a land conservancy or land trust.
(c) Common interest community association or similar entity
A common interest community association or similar entity representing residents
of the subdivision shall own the recreation and open space. The responsibility for
maintaining the recreation and open space, and any facilities shall be borne by the
common interest community association in accordance with the requirements of
§4.13.
(d) Private landowner
A private landowner may retain ownership of recreation and open space. The
responsibility for maintaining the recreation and open space and any facilities
shall be borne by the private landowner.
2. Management
Applicants shall submit and record, upon approval, a plan for the management of
recreation and open space and other common facilities that:
(a) Allocates responsibility and guidelines for the maintenance and operation of the
recreation and open space, and any facilities located thereon, including provisions
for ongoing maintenance and for long-term capital improvements;
(b) Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the recreation and open space and outlines the
means by which such funding will be obtained or provided;
(c) Provides that any changes to the plan be approved by the city; and
(d) Provides for enforcement of the plan.
3. Maintenance
(a) Passive recreation and open space maintenance is limited to removal of litter,
dead tree and plant materials and brush; and weeding and mowing.
(b) No specific maintenance is required for agricultural uses.
(c) Active recreation and open space areas shall be accessible to all residents of the
development. Maintenance is limited to ensuring that there exist no hazards,
nuisances or unhealthy conditions.
F. Legal instrument for permanent protection
1. The recreation and open space shall be protected in perpetuity by a binding legal
instrument that is recorded with the deed. The instrument shall be one of the
following:
(a) A permanent conservation easement in favor of either:
RETURN TO TABLE OF CONTENTS
Chapter 110. Article 3. Zoning Districts and Regulations §3.8 Planned Development Districts
§3.8.7 Recreation and Open Space
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 3-67
(1) A land trust or similar conservation-oriented nonprofit organization with
legal authority to accept such easements. The organization shall be bona
fide and in perpetual existence and the conveyance instruments shall
contain an appropriate provision for re-transfer in the event the
organization becomes unable to carry out its functions; or
(2) A governmental entity with an interest in pursuing goals compatible with
the purposes of this chapter. If the entity accepting the easement is not the
city, then a third right of enforcement favoring the city shall be included in
the easement.
(b) A permanent restrictive covenant for conservation purposes in favor of a
governmental entity.
(c) An equivalent legal tool that provides permanent protection, if approved by the
city attorney.
2. The instrument for permanent protection shall include clear restrictions on the use of
the recreation and open space. These restrictions shall include all restrictions
contained in this chapter, as well as any further restrictions the applicant chooses to
place on the use of the recreation and open space.
G. Alternative compliance
The city council may approve alternatives to the recreation and open space requirements of
§3.8 based upon exceptional design or recreational amenities.
RETURN TO TABLE OF CONTENTS
§3.8 Planned Development Districts Chapter 110. Article 3. Zoning Districts and Regulations
§3.8.7 Recreation and Open Space
Adopted 7/12/2016 Zoning Ordinance
3-68 City of Fairfax, Virginia
THIS PAGE INTENTIONALLY BLANK
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Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-1
Article 4. Site Development Standards
§4.1. CONSTRUCTION STANDARDS
The Virginia Uniform Statewide Building Code (USBC or building code) and the City of Fairfax Public
Facilities Manual (public facilities manual), and as hereafter amended from time to time, are adopted
and incorporated herein by reference and referred to in this chapter as the “construction standards”.
§4.2. OFF-STREET PARKING AND LOADING
§4.2.1. Purpose
The regulations of §4.2 are in rough proportion to the generalized parking and transportation
demands of different land uses. The provisions of §4.2 are also intended to help protect the public
health, safety, and general welfare by:
A. Ensure provision of adequate parking;
B. Helping avoid and mitigate traffic congestion;
C. Encouraging multi-modal transportation options and enhanced pedestrian safety;
D. Providing methods to reduce the amount of impervious surfaces in parking lots and adequate
drainage structures in order to reduce the environmental impacts of stormwater runoff; and
E. Providing flexible methods for responding to the transportation and access demands of
various land uses in different areas of the city.
§4.2.2. Applicability
A. General
Unless otherwise expressly stated, the parking and loading requirements of §4.2 apply to all
districts and all uses within the city of Fairfax.
B. New development
Unless otherwise expressly stated, off-street parking and loading requirements shall apply to
all new uses established and all new structures constructed.
C. Enlargements and expansions
Unless otherwise expressly stated,
1. The off-street parking and loading standards of §4.2 apply when an existing building or
use is:
(a) Enlarged or expanded to include additional dwelling units; or
(b) Enlarged by 10 percent or 2,500 square feet, whichever is less.
2. In the case of enlargements or expansions triggering requirements for additional
parking, additional parking spaces are required only to serve the enlarged or expanded
area, not the entire building or use.
D. Change of use
When the use of property changes, additional parking and loading facilities must be provided
to serve the new use only when the number of parking and loading spaces required for the
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§4.2 Off-street Parking and Loading Chapter 110. Article 4. Site Development Standards
§4.2.3 Parking requirements
Adopted 7/12/2016 Zoning Ordinance
4-2 City of Fairfax, Virginia
new use exceeds the number of spaces required for the lawful use that most recently
occupied the building, based on the standards of §4.2.
§4.2.3. Parking requirements
A. Minimum requirements
Except as otherwise expressly stated, off-street motor vehicle parking spaces must be
provided in accordance with the parking ratio requirements of §4.2.3.E.
B. Maximum requirements
1. Commercial and industrial uses requiring 50 or more parking spaces may not provide
more than 110 percent of the minimum number of spaces required under the parking
ratio requirements of §4.2.3.E, below, unless such additional parking has a pervious
surface or is in a parking structure.
2. These maximum parking requirements shall not apply to change of use situations
where parking requirements are reduced. In the event of a decrease in intensity,
parking does not have to be reduced. A use, lot or site will not be considered
nonconforming solely because it has more parking that it is required or allowed.
C. Calculations
The following rules apply when calculating the minimum required number of parking spaces:
1. Multiple uses
Unless otherwise expressly stated, lots containing more than one nonresidential use
must provide parking in an amount equal to one of the following alternatives:
(a) The total of the requirements for all uses;
(b) One space per 200 sq. ft. floor area for all shopping centers; or
(c) Where exact future tenants are unknown, the zoning administrator may establish
overall parking requirements pursuant to §4.2.10.
2. Fractions
When measurements of the number of required spaces result in a fractional number,
any fraction of less than 0.5 is rounded down to the next lower whole number, and any
fraction of 0.5 or more is rounded up to the next higher whole number.
3. Area measurements
Unless otherwise expressly stated, all area-based (square footage) parking standards
must be computed on the basis of floor area (See §1.5.9).
4. Unlisted uses
For a use not specifically listed in §4.2.3.E. , the zoning administrator is authorized to
apply the parking ratio specified for the listed use that is deemed most similar to the
proposed use or establish a different parking ratio requirement on the basis of parking
data provided by the applicant and the department.
D. Exceptions
1. The parking ratio requirements of §4.2.3.E shall be reduced by the following
(maximum) percentages:
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Chapter 110. Article 4. Site Development Standards §4.2 Off-street Parking and Loading
§4.2.3 Parking requirements
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-3
(a) Within the Old Town Fairfax Historic Overlay District: See §3.7.2.B.5.
(b) Within the Old Town Fairfax Transition Overlay District: See §3.7.3.E.
(c) Within the CU, Commercial Urban District, where structured parking is provided:
10 percent.
E. Parking ratio requirements
Off-street parking spaces shall be provided for all uses listed below in at least the minimum
amounts specified.
USE TYPES/ USE GROUPS* GENERAL REQUIREMENTS
RESIDENTIAL
Single-family detached 2 spaces per unit
Single-family attached 2 spaces per unit
Duplexes 2 spaces per unit
Multifamily 1.5 spaces per one or less bedroom unit; 2 spaces per 2 or more bedroom unit
Townhouses 2 spaces per unit
Upper story residential/mixed use
buildings
1.25 spaces per efficiency unit; 1.5 spaces per 1 bedroom unit; 2 spaces per 2 or more bedroom
units; other uses as required herein
PUBLIC, CIVIC AND INSTITUTIONAL USES (SEE §3.4.1.E)
Adult day care 5 spaces per 1,000 sq. ft. of floor area
Assisted living facility 1 space per 4 beds
Auditorium or arena 1 space per 4 seats
Day care centers 5 spaces per 1,000 sq. ft. of floor area
Day care home, family (less than 5) No spaces in addition to spaces otherwise required
Day care home, family (5 to 12) In addition to spaces otherwise required, 1 space for such home providing care for 5 to 7 children,
and 2 spaces for such home providing care for 8 to 12 children
Detention facilities Determined by zoning administrator per §4.2.10
Colleges and universities 10 spaces per classroom
Community services* 1 space per 300 sq. ft. of floor area
Congregate living facility 1.5 spaces per unit
Group homes/statutory 2 space per dwelling
Hospitals 1 space per 2 beds, but not less than 1 space per 200 sq. ft. of floor area
Medical care facilities* 1 space per 2 beds, but not less than 1 space per 200 sq. ft. of floor area
Nursery schools 5 spaces per 1,000 sq. ft. of floor area
Nursing homes 1 space per 5 beds
Parks and open areas* Determined by zoning administrator per §4.2.10
Religious institutions 1 space per 4 seats in main assembly area
Schools, elementary and middle 2 spaces per classroom
Schools, high 5 spaces per classroom
Social service delivery Determined by zoning administrator per §4.2.10
Utilities, minor* None
Utilities, major* 1 space per 1,000 sq. ft. of floor area
Telecommunications towers/facilities Determined by zoning administrator per §4.2.10
COMMERCIAL USES (SEE §3.4.1.F)
Adult uses 1 space per 100 sq. ft. of floor area
Amusement centers 1 space per 250 sq. ft. of floor area
Animal care facilities 1 space per 250 sq. ft. of floor area
Art gallery or studio 1 space per 400 sq. ft. of floor area
Auction houses 5 spaces per 100 sq. ft. of floor area
Bed and Breakfasts 1 space per guest room, plus otherwise required parking
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§4.2 Off-street Parking and Loading Chapter 110. Article 4. Site Development Standards
§4.2.4 Location of parking
Adopted 7/12/2016 Zoning Ordinance
4-4 City of Fairfax, Virginia
USE TYPES/ USE GROUPS* GENERAL REQUIREMENTS
Brew pubs 1 space per 300 sq. ft. of floor area
Building supplies and lumber sales 1 space per 300 sq. ft. of floor area
Catering or delivery services 1 space per 200 sq. ft. of floor area
Cemeteries Determined by zoning administrator per §4.2.10
Convenience stores 1 space per 200 sq. ft. of floor area
Fuel stations 1 space per 200 sq. ft. of floor area
Funeral homes 1 space per 50 square feet of floor space in funeral service rooms
Furniture and appliance stores 1 space per 400 sq. ft. of floor area
Grocery stores 1 space per 200 sq. ft. of floor area
Hotels; hotels, extended-stay; motels 1 space per guest room, plus 1 space per 200 sq. ft. of conference, banquet, restaurants or food
services floor area
Manufacturing, limited* 1 space per 1,000 sq. ft. of floor area
Office, general* 1 space per 300 sq. ft. of floor area
Office, medical* 1 space per 200 sq. ft. of floor area
Parking, commercial or municipal Determined by zoning administrator per §4.2.10
Plant nurseries and greenhouses 1 space per 200 sq. ft. of floor area
Private clubs 1 space per 200 sq. ft. of floor area
Recreation, indoor* 1 space per 250 sq. ft. of floor area
Recreation, outdoor* Determined by zoning administrator per §4.2.10
Restaurants or food service 1 space per 200 sq. ft. of floor area; 1 space per 100 sq. ft. of floor area with dancing and
entertainment; none for outdoor dining and service areas
Retail, general* 1 space per 200 sq. ft. of floor area
Retail, large format 1 space per 200 sq. ft. of floor area
Schools, technical, trade, business 6 per classroom, plus 1 per 300 sq. ft. of office floor area
Service, general* 1 space per 200 sq. ft. of floor area
Services, personal* 1 space per 200 sq. ft. of floor area
Shopping centers 1 space per 200 sq. ft. of floor area
Theater 1 space per 4 seats
Tobacco and smoke shops 1 space per 200 sq. ft. of floor area
Vehicle repair* 2 spaces per bay
Vehicle sales and leasing* 1 per 500 sq. ft. of floor area
Vehicle service* 2 spaces per bay
INDUSTRIAL USES (SEE §3.4.1.G)
Crematorium Determined by zoning administrator per §4.2.10
Fuel sales, residential 1 space per 1,000 sq. ft. of floor area
Manufacturing, general* 1 space per 1,000 sq. ft. of floor area
Manufacturing, heavy* 1 space per 1,000 sq. ft. of floor area
Manufacturing, limited* 1 space per 1,000 sq. ft. of floor area
Petroleum storage and distribution Determined by zoning administrator per §4.2.10
Research and development* 1 space per 1,000 sq. ft. of floor area
Self-service storage facility 5 spaces, plus 1 space per 100 storage units
Vehicle storage and towing One space per 1,000 sq. ft. of open storage area, plus one space per 300 sq. ft. of floor area
Warehouse/freight movement* 1 space per 1000 sq. ft. of floor area
Waste service* 1 per 300 sq. ft. of floor area + 1 per 1,000 sq. ft. of outside storage area
§4.2.4. Location of parking
Except as specified herein, required parking spaces must be located off-street, on the same lot as
the building or use they are required to serve, and not be within any minimum required front or
side yard area as specified in §1.5.12, unless otherwise specified below.
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Chapter 110. Article 4. Site Development Standards §4.2 Off-street Parking and Loading
§4.2.5 Shared parking
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-5
A. General
1. All or a portion of required parking may be provided off-site, in accordance with the
provisions of §4.2.4.
2. Any off-site parking space must be located within reasonable walking distance. For the
sake of this provision, reasonable walking distance shall be within 300 feet of the
shared parking lot, measured in a straight line between the entrance of the use to be
served and the outer perimeter of the furthest parking space within the shared parking
lot. (See also §4.2.5).
3. Sites utilized for required parking spaces for commercial or industrial uses shall be in
nonresidential districts.
4. Parking space location must be owned or under legal control of the same property
where building or use requiring parking spaces is located. Off-site parking lots may be
under separate ownership only if an agreement is provided guaranteeing the long-term
availability of the parking, commensurate with the use served by the parking. Off-site
parking privileges will continue in effect only as long as the agreement, binding on all
parties, remains in force. If an off-site parking agreement lapses or is no longer valid,
then parking must be provided as otherwise required by §4.2.
B. Residential uses
1. Tandem parking and parking in required setbacks shall be allowed for single-family
detached, single-family attached, duplex, and townhouse dwellings and for group
homes, provided there is space for such parking without blocking the sidewalk.
2. Garage parking may be counted toward required parking.
C. Nonresidential uses
Outdoor (surface) parking lots shall not be within any required front or side (street) yard
area.
§4.2.5. Shared parking
A. Purpose
Shared parking is encouraged as a means of conserving scarce land resources, reducing
stormwater runoff, reducing the heat island effect caused by large paved areas and
improving community appearance.
B. General
The zoning administrator may approve shared parking facilities, subject to the following
standards:
1. Eligible uses
Shared parking is allowed among different use groups or among uses with different
hours of operation, but not both.
2. Ineligible uses
Accessible parking spaces (for persons with disabilities) may not be shared and must be
located on-site.
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§4.2 Off-street Parking and Loading Chapter 110. Article 4. Site Development Standards
§4.2.5 Shared parking
Adopted 7/12/2016 Zoning Ordinance
4-6 City of Fairfax, Virginia
3. Location
Shared parking spaces shall be located within 300 feet of the primary entrance of all
uses served, unless shuttle bus service is provided to the parking lot.
4. Zoning classification
Shared parking lots serving uses located in nonresidential districts shall be located in
nonresidential districts. Shared parking lots serving uses located in residential districts
may be located in residential or nonresidential districts. Shared parking lots shall
require the same or a more intensive zoning classification than that required for the
most intensive of the uses served by the shared parking lot.
5. Temporary uses
Up to 10 percent of required parking spaces for any use may be used jointly by a
temporary commercial use.
6. Shared parking study
Applicants wishing to use shared parking as a means of satisfying parking requirements
shall submit a shared parking analysis to the zoning administrator that clearly
demonstrates the feasibility of shared parking. The study shall be provided in a form
established by the zoning administrator. It shall address, at minimum, the size and type
of the proposed development, the composition of tenants, the anticipated rate of
parking turnover and the anticipated peak parking and traffic loads for all uses that will
be sharing parking spaces.
7. Agreement
Applicants must provide a shared parking agreement executed by the parties
establishing the shared parking spaces. Shared parking privileges will continue in effect
only as long as the agreement, binding on all parties, remains in force. Should the
agreement cease to be in force, parking must be provided as otherwise required by
§4.2.
C. Shared parking for different uses
A use may share parking with a different use according to only one of the following:
1. Office use and retail sales-oriented use
If an office use and a retail sales-oriented use share parking, the parking requirement
for the retail sales-related use may be reduced by up to 20 percent, provided that the
reduction does not exceed the parking ratio requirement for the office use.
2. Residential use and retail sales-oriented use
If a residential use and a retail sales-related use share parking (expressly excluding
lodging uses, restaurants or food services, and indoor recreation uses), the parking
requirement for the residential use may be reduced by up to 30 percent, provided that
the reduction does not exceed the parking ratio requirement for the retail sales-related
use.
3. Residential use and office uses
If a residential use and an office use share parking, the parking requirement for the
residential use may be reduced by up to 50 percent, provided that the reduction does
not exceed the parking ratio requirement for the office use.
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Chapter 110. Article 4. Site Development Standards §4.2 Off-street Parking and Loading
§4.2.6 Parking lot design
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-7
4. Shared parking for uses with different hours of operation
(a) For the purposes of §4.2.5, the following uses are considered daytime uses:
(1) Customer service and administrative offices;
(2) Retail sales uses (expressly excluding restaurants or food services, lodging
uses, and indoor recreation uses;
(3) Warehousing and freight movement uses;
(4) Manufacturing, general, heavy or limited uses; and
(5) Other similar primarily daytime uses, as determined by the zoning
administrator.
(b) For the purposes of §4.2.5, the following uses are considered nighttime or Sunday
uses:
(1) Auditoriums and arenas accessory to public or private schools;
(2) Religious institutions;
(3) Indoor recreation; and
(4) Other similar primarily nighttime or weekend uses, as determined by the
zoning administrator.
(c) Up to 90 percent of the parking required by §4.2.5 for a daytime use may be
supplied by the parking provided for a nighttime or Sunday use and vice-versa,
when authorized by the zoning administrator.
(d) The applicant must show that there is no substantial conflict in the principal
operating hours of the uses for which shared parking is proposed.
§4.2.6. Parking lot design
All parking and loading spaces shall be provided with safe and convenient access to a public or
private street and be subject to the site plan review procedures of §6.8.
A. Curb cuts and entranceways
Parking lot curb cuts and entranceways shall be as specified in §4.3.2.
B. Dimensions and access
1. Each parking space shall be striped.
2. Each parking space and the maneuvering area thereto shall be located entirely within
the boundaries of the site.
3. All parking spaces and aisles shall comply with the following minimum requirements
PARKING LOT DESIGN
ANGLE
(DEGREES)
WIDTH OF SPACE
(FEET)
DEPTH OF SPACE
90 DEGREES TO
AISLE (FEET)
WIDTH OF
AISLE (FEET) WIDTH OF SPACE
PARALLEL TO
AISLE (FEET) ONE-WAY TWO-WAY
45 9 feet 21.1 feet 13 feet 22 feet 12.7 feet
45 10 feet 21.1 feet 13 feet 22 feet 14.1 feet
60 9 feet 22.3 feet 15 feet -- 10.4 feet
60 10 feet 22.3 feet 14 feet -- 11.6 feet
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§4.2 Off-street Parking and Loading Chapter 110. Article 4. Site Development Standards
§4.2.7 Stacking spaces
Adopted 7/12/2016 Zoning Ordinance
4-8 City of Fairfax, Virginia
PARKING LOT DESIGN
ANGLE
(DEGREES)
WIDTH OF SPACE
(FEET)
DEPTH OF SPACE
90 DEGREES TO
AISLE (FEET)
WIDTH OF
AISLE (FEET) WIDTH OF SPACE
PARALLEL TO
AISLE (FEET) ONE-WAY TWO-WAY
90 10 feet 19 feet -- 22 feet 10 feet
Parallel 8 feet 8 feet (width) 13 feet 22 feet 22 feet
(a) Parking spaces (90 degrees only) that abut a landscape island may be reduced in
length to 16 feet provided that the island is a minimum of four feet in depth and
protected by wheel stops or curb. Plant material shall be a minimum of two feet
from wheel stops or curb.
(b) Parking spaces (90 degrees only) that abut a sidewalk adjacent to a building may
be reduced in length to 16 feet provided that the sidewalk is a minimum of six feet
in width.
(c) In no event shall pavement be located within six feet of a right-of-way, unless the
pavement is part of an entrance driveway.
C. Paved or pervious surfacing
1. Where off-street facilities are provided for parking, they shall be surfaced with asphalt
bituminous, concrete or pervious material approved by the zoning administrator.
Gravel may be used for vehicle storage yards for parking lots serving single-family
dwellings.
2. Lot areas that are unsurfaced in accordance with the above requirements shall not be
used for parking.
D. Vehicle parking lot landscaping
See §4.5.7.
E. Use of required parking lots and spaces
1. Required parking lots may be used solely for the temporary parking of licensed motor
vehicles in operating condition.
2. Required parking spaces may not be used for the display of goods for sale or lease or
for storage of building materials.
3. Required parking spaces are intended to serve residents, tenants, patrons, employees,
or guests of the principal use. Parking spaces that are required by this chapter must be
maintained for the life of the principal use.
F. Accessible spaces (for the disabled)
Accessible spaces shall be provided in accordance with the Americans with Disabilities Act
Accessibility Guidelines.
§4.2.7. Stacking spaces
The following vehicle stacking standards shall apply unless otherwise expressly approved by the
zoning administrator. The zoning administrator may require additional stacking spaces where trip
generation rates suggest that additional spaces will be needed.
A. Minimum number of spaces
Off-street stacking spaces shall be provided as follows:
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Chapter 110. Article 4. Site Development Standards §4.2 Off-street Parking and Loading
§4.2.8 Bicycle parking
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-9
STACKING SPACE REQUIREMENTS
FACILITY OR USE MINIMUM SPACES MEASURED FROM
Automated teller machine 3 Machine
Bank teller lane 4 Teller or window
Car wash stall, automated 4 Entrance to wash bay
Car wash stall, hand-operated 3 Entrance to wash bay
Day care drop off 3 Passenger loading area
Drive-through windows/facilities 6 Order box, if any
Drive-through windows/facilities 4 Order box to service window
Gasoline pump island 2 Pump island
Parking lot, key box controlled entrance 4 Key code box
Parking lot, key fob controlled entrance 1 Entrance to parking lot
Valet parking 3 Valet stand
School drop-off (public and private) Determined by zoning administrator per §4.2.10
Other Determined by zoning administrator per §4.2.10
B. Design and layout
Required stacking spaces are subject to the following design and layout standards:
1. Dimensions
Stacking spaces shall be a minimum of eight feet by 20 feet in size.
2. Location
Stacking spaces shall not impede on- or off-site traffic movements, or movements into
or out of parking spaces.
3. Design
Stacking spaces shall be separated from other internal driveways by raised medians if
deemed necessary by the zoning administrator for traffic movement and safety.
§4.2.8. Bicycle parking
A. Applicability
Bicycle parking and storage facilities shall be required for all multifamily and nonresidential
uses in accordance with the requirements of this section. These requirements apply
regardless of any motor vehicle parking exemptions or reductions.
B. Spaces required
Bicycle parking requirements are based on the parking ratio requirements of §4.2.3.E. The
minimum number of bicycle spaces to be provided shall be determined from the following
table:
BICYCLE PARKING REQUIREMENTS
PARKING
SPACES SPACES REQUIRED
1-40 2
41-60 3
61-80 4
81-100 5
Over 100 6 plus 1 for each 20 parking spaces over 100, provided that the
maximum number of required bicycle spaces shall not exceed 20.
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§4.3 Access (Vehicular) Management Chapter 110. Article 4. Site Development Standards
§4.2.9 Off-street loading requirements
Adopted 7/12/2016 Zoning Ordinance
4-10 City of Fairfax, Virginia
C. Location
Bicycle parking shall be located in a visible, well-illuminated area that does not conflict with
automobile or pedestrian traffic.
§4.2.9. Off-street loading requirements
A. General
1. All required off-street loading areas shall be located on the same lot as the use served.
2. Loading areas shall be designed and constructed in a manner so as to facilitate efficient
traffic flow and not impede the circulation of vehicles or pedestrians in any off-street
parking, or on-street or driving area.
3. All off-street loading areas shall be designed and constructed to accommodate the
largest vehicles likely to service the use on a frequent and regular basis, but in no case
shall loading spaces be less than 12 feet in width and 25 feet in length.
B. Required loading spaces
Off-street loading spaces must be provided in accordance with the following schedule:
USE TYPE MINIMUM LOADING SPACES REQUIRED
PUBLIC, CIVIC AND INSTITUTIONAL, AND COMMERCIAL AND INDUSTRIAL USES
Under 10,000 square feet None
10,000–49,999 square feet 1
50,000+ 2
MULTIFAMILY AND UPPER STORY RESIDENTIAL/MIXED USE BUILDINGS (4+ STORIES)
Under 50 units None
50+ units 1
§4.2.10. Alternative compliance
The parking and loading requirements of §4.2 shall apply, unless an alternative is approved by the
zoning administrator in accordance with the requirements below:
A. Alternative parking ratios up to 20 percent less than required and may be approved where an
applicant submits a parking or loading study, prepared and sealed by a registered
professional engineer in the Commonwealth of Virginia. Such study must illustrate that the
required parking ratios of §4.2.3.A or loading requirements of §4.2.9.B do not accurately
apply to a specific development proposal.
B. The data submitted must include, at a minimum, the size and type of the proposed
development, the mix of uses, the anticipated rate of parking turnover and the anticipated
peak parking and traffic loads of all uses.
C. The data must be obtained either from relevant studies published in professional; or from
primary studies of no fewer than three comparable developments within the regional,
Washington Metropolitan Statistical Area.
§4.3. ACCESS (VEHICULAR) MANAGEMENT
§4.3.1. Access required
A. Except as otherwise stated, no principal building, structure or use may be erected or
established on any lot which does not abut an existing public street or a new street
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Chapter 110. Article 4. Site Development Standards §4.4 Pedestrian Facilities
§4.3.2 Curb cuts
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-11
constructed in accordance with the standards in the public facilities manual and dedicated as
a public street to the city or the state (See also City Code, Chapter 86, Subdivision
Regulations), or as a private street and maintained by a common interest community (See
§4.13).
B. All street frontages adjacent to building sites shall be improved in accordance with the
standards in the public facilities manual to city standards, provided that residential lots
lawfully existing as of the effective date of this chapter may be developed without providing
frontage improvements.
§4.3.2. Curb cuts
See public facilities manual.
§4.3.3. Cross-access
A. Description and purpose
Cross-access refers to providing vehicular access between two or more contiguous sites so
that motorists do not need to re-enter the public street system to gain access to abutting
nonresidential sites. Cross-access between abutting properties reduces vehicular conflicts
between motorists on the street and motorists entering and leaving driveways. Reduced
traffic conflicts result in fewer accidents and improved traffic flow on the public street
network, promoting the public health, safety and welfare.
B. Requirements
Vehicular access shall be required between abutting nonresidential lots fronting on arterial
and collector streets prior to the erection or establishment of a principal building on one of
the lots in order to facilitate traffic flow between lots, except where topography or other
physical conditions make such access unreasonable. The zoning administrator shall
determine the location and dimensions of such easement based on public safety and
convenience, not owner preference.
§4.3.4. Visual clearance (safe sight triangle)
On any corner lot, a safe sight triangle shall be maintained in accordance with the standards in the
public facilities manual, except as otherwise required by the zoning administrator.
§4.4. PEDESTRIAN FACILITIES
§4.4.1. Applicability
A. All new developments and subdivisions shall provide pedestrian facilities and access in
accordance with the requirements of §4.4.
B. Nonresidential buildings and structures lawfully existing as of the effective date of this
chapter may be redeveloped, renovated or repaired without providing pedestrian facilities in
conformance with §4.4., provided there is no increase in gross floor area in such building or
structure or no more than 10 percent increase in impervious surface on the site.
C. Residential buildings and structures lawfully existing as of the effective date of this chapter
may be enlarged, renovated or repaired without providing pedestrian facilities in
conformance with §4.4.
RETURN TO TABLE OF CONTENTS
§4.4 Pedestrian Facilities Chapter 110. Article 4. Site Development Standards
§4.4.2 Layout
Adopted 7/12/2016 Zoning Ordinance
4-12 City of Fairfax, Virginia
§4.4.2. Layout
Pedestrian facilities shall be configured, to the extent practicable, to conform to the natural
topography, to minimize the disturbance of critical slopes and natural drainage areas, and to
provide site-related pedestrian interconnections and improvements within the subdivision or
development and to existing or future development on adjoining lands.
§4.4.3. Types of pedestrian facilities
All pedestrian facilities shall comply with ADA requirements and the following:
A. Sidewalks
Sidewalks are strips or sections of hard surface material that provide an appropriate surface a
minimum of five feet in width, typically located adjacent and parallel to vehicle roadways,
intended for use as a walkway for pedestrians. Sidewalks are located within a dedicated
right-of-way or public easement.
B. Pedestrian paths
Pedestrian paths are strips or sections of hard surface material that provide an appropriate
surface a minimum of six feet in width, not typically located adjacent to vehicle roadways,
which provide pedestrian and non-motorized access to a property. Pedestrian paths are
located within a dedicated public easement not less than 12 feet in width or on private
property.
C. Multi-use trails
Multi-use trails are strips or sections of hard surface material that provide an appropriate
surface a minimum of 10 feet in width, not typically located adjacent to vehicle roadways,
which provide pedestrian and non-motorized access to and through a property. Multi-use
trails are located within a dedicated public easement not less than 12 feet in width or on
private property.
§4.4.4. Sidewalks
Sidewalks shall be placed within the right-of-way as specified below.
A. Where required
1. Unless otherwise specified below, sidewalks shall be required on both sides of all
arterial, collector and local streets.
2. Where a lot being developed or redeveloped with a single-family detached dwelling,
fronts on an existing street and there is no existing sidewalk on the same block face, no
sidewalk shall be required.
3. The zoning administrator may review each site plan and subdivision on its own merits
to determine whether additional sidewalks will be required based on anticipated
pedestrian demand in the area.
B. Placement
1. Where sidewalks are required, sidewalks shall be provided according to one of the
following placement alternatives as determined by the zoning administrator:
(a) Sidewalks shall be placed against the back of curb (urban street frontage); or
(b) Sidewalks shall be placed such that a minimum strip of green space (3 to 5 feet
wide) is maintained between the back of curb and the inside edge of the sidewalk
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Chapter 110. Article 4. Site Development Standards §4.5 Landscaping
§4.4.5 Pedestrian paths
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-13
and have a minimum paved width of five feet for this placement (sub-urban street
frontage); a minimum of three feet of green space shall be maintained adjacent to
all tree pits.
2. Site-specific placement, including where a variation from the placement methods
described in §4.4.4.B.1, above, is necessary or desired; or where an obstruction is
located within the paved area, the following criteria must be satisfied:
(a) All placement and transition sections must be approved by the zoning
administrator;
(b) All radii in transition sections must be a minimum of 10 feet; and
(c) In order to provide safe and adequate access on sidewalks, all sidewalks shall
comply with minimum clear width requirements around all obstructions, natural
or manmade.
§4.4.5. Pedestrian paths
Pedestrian paths shall be provided:
A. Within all multi-building developments to link buildings with destinations including, but not
limited to: parking, adjoining streets and sidewalks, mailboxes, trash disposal areas,
recreation and open space areas, and other on-site amenities;
B. In blocks over 600 feet in length to provide mid-block connections to abutting streets; and
C. At the end of cul-de-sacs that abut existing or future schools, recreation and open spaces,
parks, trails and streets.
§4.4.6. Multi-use trails
Multi-use trails shall be provided in accordance with adopted plans.
§4.4.7. Crosswalks
See public facilities manual.
§4.4.8. Street furniture, trash receptacles
See public facilities manual.
§4.5. LANDSCAPING
§4.5.1. Purpose
The purposes of §4.5 are to encourage the planting and proper care of vegetation and trees
throughout the city, to replenish tree stock, and to provide for appropriate screening. These
actions are intended to contribute to the health, safety and welfare of the city by enhancing
pedestrian facilities, decreasing flooding, soil erosion, air pollution and noise, and improving
aesthetics in accordance with the comprehensive plan and the requirements of the public facilities
manual. The transitional yard requirements and the screening requirements are intended to
improve compatibility of uses by providing privacy and enhancing the aesthetic transition
between uses.
§4.5.2. Applicability
A. The landscaping regulations of §4.5 apply as set forth in the individual sections of these
regulations.
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§4.5 Landscaping Chapter 110. Article 4. Site Development Standards
§4.5.3 Exemptions
Adopted 7/12/2016 Zoning Ordinance
4-14 City of Fairfax, Virginia
B. Unless specifically exempt, all existing and proposed development for which site plan
approval is required (see §6.8) shall meet the provisions of §4.5.
§4.5.3. Exemptions
A. Unless otherwise expressly stated, the landscaping regulations of §4.5 do not apply to the
construction or expansion of individual single-family detached, single-family attached and
duplexes dwellings.
B. Driving lanes may traverse required landscaping in a perpendicular alignment to provide the
necessary ingress and egress to the parking lots.
§4.5.4. General
A. What is to be landscaped
All areas that are not impervious (see §1.5.7) shall be landscaped in accordance with the
requirements of §4.5.
B. Landscape plan required
A landscape plan shall be submitted in conjunction with required site plans (see §6.8) in
accordance with the requirements of §4.5. A landscape architect or other qualified
professional shall prepare all landscape plans.
§4.5.5. Transitional yards
A. Applicability
The transitional yard regulations of §4.5.5 apply along interior property lines in those
instances identified in this chapter and only to the following activities:
1. The construction or installation of any new principal building or use; and
2. The expansion of any existing principal building or principal use that results in an
increase in gross floor area or site area improvements by more than five percent or
1,000 square feet, whichever is greater. In the case of expansions that trigger
compliance with transitional yard requirements, transitional yard landscaping is
required only in proportion to the degree of expansion. The zoning administrator is
authorized to allow the transitional yard to be established adjacent to the area of
expansion or to disperse transition yard landscaping along the entire site transition
area.
B. Transitional yard defined
A transitional yard is a specified land area, located parallel to and within the outer perimeter
of a lot or project and extending to the lot line, together with fencing or walls on the lot line,
and planting and landscaping required on the land. A transitional yard is not intended to be
commensurate with the term "yard" or “setback.”
C. Transitional yard types
There are three types of required transitional yards that may occur on any given parcel (for
the specific width and plant material for each transitional yard classification see §4.5.5.D).
1. District boundary transitional yards
The following table shall be used to determine the required transitional yard
classification between adjacent districts.
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Chapter 110. Article 4. Site Development Standards §4.5 Landscaping
§4.5.5 Transitional yards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-15
PROPOSED
DEVELOPMENT
DISTRICT ▼ RL RM RH RT-6 RT RMF CL CO CR CU CG IL IH
RL -- -- -- -- -- -- -- -- -- -- -- -- --
RM -- -- -- -- -- -- -- -- -- -- -- -- --
RH -- -- -- -- -- -- -- -- -- -- -- -- --
RT TY1 TY1 TY1 -- -- -- -- -- -- -- -- -- --
RMF TY2 TY2 TY2 TY2 TY2 -- -- -- -- -- -- -- --
CL TY2 TY2 TY2 TY2 TY2 TY1 -- -- -- -- -- -- --
CO TY2 TY2 TY2 TY2 TY2 TY1 -- -- -- -- -- -- --
CR TY2 TY2 TY2 TY2 TY2 TY2 TY1 -- -- -- -- -- --
CU TY3 TY3 TY3 TY3 TY3 TY2 TY2 TY1 -- -- -- --
CG TY3 TY3 TY3 TY3 TY3 TY3 TY3 TY2 -- -- -- -- --
IL TY4 TY4 TY4 TY4 TY4 TY4 TY3 TY3 TY2 TY2 TY1 -- --
IH TY4 TY4 TY4 TY4 TY4 TY4 TY4 TY3 TY3 TY3 TY3 TY2 --
2. Project boundary transitional yards
Project boundary transitional yard requirements are established to mitigate the effect
of planned developments on adjacent properties. Where a project boundary
transitional yard is required, such transitional yard shall be in accordance with one of
the following alternatives as specified for the respective planned development district
(§3.8.3, §3.8.4, §3.8.5 and §3.8.6):
(a) No transitional yard is required where the width of the project’s perimeter
residential lots is equal to or greater than the minimum lot width of the adjoining
development or the minimum lot width required by the zoning district applied to
any adjoining undeveloped parcel.
(b) Where narrower lot widths are provided (narrower than the minimum lot width of
the adjoining development or the minimum lot width required by the zoning
district applied to any adjoining undeveloped parcel), boundary transitional yards
shall be provided along project boundaries in accordance with §4.5.5.D. Project
boundary transitional yards shall not be required along arterial or collector
streets.
3. Use boundary transitional yards
(a) Where townhouse developments occur adjacent to single-family detached or
duplex dwellings, TY1 transitional yards shall be provided in accordance with
§4.5.5.D, below.
(b) Where multifamily developments occur adjacent to single-family detached, duplex
or townhouse dwellings, TY2 transitional yards shall be provided in accordance
with §4.5.5.D, below.
(c) Where commercial developments occur adjacent to single-family attached, single-
family detached, duplex, townhouse, or multifamily dwellings, TY3 transitional
yards shall be provided in accordance with §4.5.5.D, below.
(d) Where industrial developments occur adjacent to single-family attached, single-
family detached, duplex, townhouse, or multifamily dwellings, TY4 transitional
yards shall be provided in accordance with §4.5.5.D, below.
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§4.5 Landscaping Chapter 110. Article 4. Site Development Standards
§4.5.5 Transitional yards
Adopted 7/12/2016 Zoning Ordinance
4-16 City of Fairfax, Virginia
D. Transitional yard classifications
Four transitional yard classifications are established in recognition of the different contexts
that may exist. They are as follows:
SPECIFICATIONS TY1 TY2 TY3 TY4
Minimum Transitional Yard Width [1] (feet) 7.5 10 15 30
Minimum Fence or Wall Height (feet) on Lot Line [2] 6 6 6 6
Minimum Trees (per 100 feet)
Canopy Not required 3 4 4
Understory 4 3 4 5
Minimum Shrubs (per 100 feet) Not required Not required 4 5
[1] Yard widths calculated on the basis of average per 100 feet, provided that the yard width at any point may not be less
than 50 percent of the minimums stated in the table. Required zoning district setbacks may be counted toward satisfying
transitional yard widths.
[2] On or adjacent to the lot line. Additional understory trees or shrubs may be substituted for required fence or wall via
alternative compliance (§4.5.10).
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Chapter 110. Article 4. Site Development Standards §4.5 Landscaping
§4.5.5 Transitional yards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-17
Transitional Yard TY1
Transitional Yard TY2
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§4.5 Landscaping Chapter 110. Article 4. Site Development Standards
§4.5.5 Transitional yards
Adopted 7/12/2016 Zoning Ordinance
4-18 City of Fairfax, Virginia
Transitional Yard TY3
Transitional Yard TY4
E. Location of transitional yards
Transitional yards shall be located within the outer perimeter of a lot or parcel, parallel to
and extending to the lot or parcel boundary line. Transitional yards shall not be located on
any portion of an existing, dedicated or reserved public or private street or right-of-way.
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Chapter 110. Article 4. Site Development Standards §4.5 Landscaping
§4.5.6 Tree requirements
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-19
F. Ownership of transitional yards
Transitional yards may remain in the ownership of the original applicant; they may be
subjected to deed restrictions and subsequently be freely conveyed; or they may be
transferred to any consenting grantees, such as the city, a land conservancy or land trust, or
common interest community association (see §4.13). Any such conveyance shall guarantee
the protection and maintenance of the transitional yard in accordance with the provisions of
§4.5.
G. Landscape materials and design
Landscape materials used to satisfy the transitional yard requirements of §4.5.5 are subject
to the regulations of §4.5.9.
§4.5.6. Tree requirements
A. Tree canopy
The following tree canopy requirements shall apply in the respective districts:
ZONING DISTRICTS TREE CANOPY (PERCENT)
RESIDENTIAL DISTRICTS
RL Residential Low 25
RM Residential Medium 20
RH Residential High 20
RT-6 Residential townhouse 15
RT Residential townhouse 15
RMF Multifamily 10
NONRESIDENTIAL DISTRICTS
CL Commercial Limited 10
CO Commercial Office 10
CR Commercial Retail 10
CG Commercial General 10
IL Industrial Light 10
IH Heavy Industrial 10
PLANNED DEVELOPMENT DISTRICTS
PD-R Planned Development Residential 20
PD-M Planned Development Mixed Use 10
PD-C Planned Development Commercial 10
PD-I Planned Development Industrial 10
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§4.5 Landscaping Chapter 110. Article 4. Site Development Standards
§4.5.7 Parking lot landscaping
Adopted 7/12/2016 Zoning Ordinance
4-20 City of Fairfax, Virginia
B. Street trees
In all general districts except the CU district, a minimum ten foot wide landscaped strip shall
be provided along all streets. Street trees shall be required along all streets at the rate of one
canopy tree for every 40 linear feet and spaced a maximum of 50 feet part.
1. All street trees shall be planted no less than three feet or more than 15 feet from the
back of the curb or edge of pavement.
2. No tree shall be planted within a safe sight triangle (§4.3.4) or closer than 10 feet from
any fire hydrant.
C. Landscape materials and design
Landscape material used to satisfy the tree requirements of §4.5.6 are subject to the
regulations of §4.5.9.
§4.5.7. Parking lot landscaping
A. Applicability
1. §4.5.7 applies to:
(a) New on-site surface parking lots with more than 10 spaces; and
(b) The expansion of any existing surface parking lot if the expansion results in 10 or
more new parking spaces, in which case the requirements of §4.5.7 apply only to
the expanded area.
2. For purposes of §4.5.7, multiple platted lots contained on a single site plan and any
separate parking lots connected with drive aisles are considered a single parking lot.
B. Low impact development (LID)
Low impact development (LID) techniques that capitalize on and are consistent with natural
resources and processes will be incorporated in parking lot landscaping whenever
practicable, including but not limited to:
1. Rain catchment and harvesting for on-site irrigation purposes; and
2. Rain gardens (shallow depressions or swales) that slow storm runoff and reduce the
impact of what is found in stormwater as it enters storm drainage control systems.
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Chapter 110. Article 4. Site Development Standards §4.5 Landscaping
§4.5.7 Parking lot landscaping
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-21
C. Perimeter
1. The perimeter of all parking lots with frontage on any portion of a public right-of way
shall be screened by a continuous landscaped hedge, a wall, or fence supported by
masonry piers. Perimeter screening shall be at least 30 inches in height at the time of
installation, and any planted screening shall reach a minimum height of 36 inches
within two years of planting.
2. The perimeter of all parking lots adjacent to residentially zoned property shall provide
a transitional yard TY3 (See §4.5.5).
D. Interior
1. Interior islands
An interior landscaped island shall be provided for every ten spaces. Each island shall
contain a minimum of 200 square feet with a minimum width of eight feet inside the
curb and include a minimum of one canopy tree; provided that, where an island
includes a sidewalk, such islands shall contain a minimum of 400 square feet with a
minimum of 15 feet inside the curb. Planting islands shall be evenly distributed
throughout the parking lot; with no parking space located more than 50 feet from a
planting island. Interior islands may be consolidated or intervals may be expanded in
order to preserve existing trees, where approved by the zoning administrator.
2. Terminal islands
All rows of spaces shall
terminate in a curbed
landscaped island. Each
island shall conform to the
specifications described in
§4.5.7.D.1, above.
3. Median islands
A median island with a
minimum width of eight feet
inside the curb shall be sited
between every six single
parking rows. Median
intervals may be expanded
in order to preserve existing
trees, where approved by
the zoning administrator.
E. Parking structures
1. General
Parking lot interior
landscaping
requirements shall
not apply to
parking structures.
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§4.5 Landscaping Chapter 110. Article 4. Site Development Standards
§4.5.8 Screening
Adopted 7/12/2016 Zoning Ordinance
4-22 City of Fairfax, Virginia
2. Perimeter landscaping
Structured parking above finished grade shall comply with building setback
requirements. Landscaping for parking structures shall be provided in all yards
pursuant to perimeter landscaping requirements for surface parking. However, where
the location of such structure with respect to property boundary and adjacent
structures will substantially inhibit the growth of the required trees, such trees may be
located along another perimeter of the site in a manner approved by the zoning
administrator.
F. Curbs and vehicle barriers
Landscaped areas in or abutting
parking lots must be protected by
concrete curbing, anchored wheel
stops, or other durable barriers
approved by the zoning
administrator. Curbs protecting
landscaped areas may be perforated,
have gaps, or otherwise be designed
to allow stormwater runoff to pass
through them.
G. Landscape materials and design
Landscape material used to satisfy the parking lot landscaping requirements of §4.5.7 are
subject to the regulations of §4.5.9.
§4.5.8. Screening
A. Features to be screened
The following features must be screened from view of public rights-of-way, public open
spaces and from lots used or zoned for residential purposes, as specified in §4.5.8.
1. Drive-through windows/facilities, subject to §4.5.8.B;
2. Ground-mounted mechanical equipment, subject to §4.5.8.C;
3. Outdoor storage of materials, supplies, vehicles and equipment, subject to §4.5.8.D;
4. Pick-up and drop-off containers and facilities, subject to §4.5.8.E;
5. Recreational vehicles and commercial vehicles, subject to §4.5.8.F;
6. Roof-mounted mechanical equipment, subject to §4.5.8.G; and
7. Trash receptacles and service areas, subject to §4.5.8.H.
B. Drive-through windows/facilities
Drive-through windows/facilities and lanes shall be subject to the following screening
requirements:
1. Drive-through windows/facilities and lanes placed between the right-of-way and the
associated building shall require landscape plantings installed and maintained along
the entire length of the drive-through lane, located between the drive-through lane
and the adjacent right-of-way.
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Chapter 110. Article 4. Site Development Standards §4.5 Landscaping
§4.5.8 Screening
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-23
2. Such screening shall be a compact evergreen hedge or other type of dense foliage. At
the time of installation, such screening shall be at least 36 inches in height and shall
reach a height of 48 inches within two years of planting.
C. Ground-mounted mechanical equipment
All ground-mounted mechanical equipment over 30 inches in height must be screened from
view by a solid fence, solid wall, dense hedge, or combination of such features. The hedge,
fence or wall must be tall enough to screen the equipment.
D. Outdoor storage of materials, supplies, vehicles and equipment
1. All stored materials, supplies, merchandise, vehicles, boats, trailers, recreational
vehicles, equipment, or other similar materials not on display for direct sale, rental or
lease to the ultimate consumer or user must be screened by a fence, wall, dense
hedge, or combination of such features with a minimum height of six feet at the time
of installation. (See also §4.10)
2. On residential district lots, such storage shall be located on the rear half of the lot,
screened from the view from the first story of any neighboring dwelling, and the total
area for such outdoor storage shall not occupy more than 100 square feet, provided
that storage of materials and equipment related to a construction project for which a
valid permit is in effect shall be allowed where the storage is maintained in an orderly
condition and does not constitute a hazard.
E. Pick-up and drop-off containers and facilities
Pick-up and drop-off containers and facilities shall be screened from the first story window(s)
of any neighboring dwellings by a solid fence, solid wall, dense hedge, or combination of such
features. The hedge, fence or wall must be tall enough to screen the equipment.
F. Recreational vehicles and commercial vehicles
Notwithstanding other provisions to the contrary, recreational vehicles or commercial
vehicles may be stored on unsurfaced areas in the side and rear yards of residential lots
provided they are screened from the street and adjacent properties to the extent possible by
landscaping or wood fencing.
G. Roof-mounted mechanical equipment
1. Roof-mounted mechanical equipment (e.g., air conditioning, heating, cooling,
ventilation, exhaust and similar equipment, but not elevator shafts, solar panels, wind
energy or similar renewable energy devices) over 30 inches in height must be screened
from ground-level view at the property line in one of the following ways:
(a) A parapet wall;
(b) A solid screen, which shall be an integral part of the building’s architectural
design; or
(c) An equipment setback from roof edges that is at least three feet in depth for each
one foot of equipment height.
2. Fire safety access shall be provided.
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§4.5 Landscaping Chapter 110. Article 4. Site Development Standards
§4.5.9 Landscape material and design
Adopted 7/12/2016 Zoning Ordinance
4-24 City of Fairfax, Virginia
H. Trash receptacles and service areas
1. Trash receptacles and service areas (e.g., recycling containers, grease barrels, medical
waste bins) must be screened from view of streets and all abutting lots with a solid wall
or opaque fence, with doors or gates, at least six feet in height.
2. Trash receptacles and service areas may be located in parking lot but shall not reduce
applicable parking requirements.
3. Trash receptacles and service areas may not be located in the required front or side
(street) yard.
I. Landscape materials and design
Landscape material used to satisfy the screening requirements of §4.5.8 are subject to the
regulations of §4.5.9.
§4.5.9. Landscape material and design
A. Landscaping within required landscaped areas
Required landscaped areas must be covered with biodegradable mulch and/or ground cover
plants.
B. Plant types
There are three plant types referred to in this section, and all shall require the use of locally-
adapted plants. They include canopy trees, understory trees and shrubs, defined as follows:
1. Canopy trees
Large deciduous shade trees with a mature height of 30 feet or greater and a mature
spread of 30 feet or greater, with a mature height of 20 feet or greater.
2. Understory trees
(a) Small deciduous trees or large deciduous shrubs with a mature height of 10 to 30
feet, except under overhead utilities, where lower heights at maturity may be
required; or
(b) Trees or large shrubs at least 10 feet tall at maturity that usually have green
foliage throughout all seasons of the year.
3. Shrubs
Prostrate or upright woody plants, either evergreen or deciduous, with a mature height
usually less than 10 feet. Evergreen shrubs usually have green foliage throughout all
seasons of the year.
C. Required fencing and walls
Fencing and walls used for required screening and in transitional yards shall:
1. Be constructed of high quality materials, such as decorative blocks, brick, stone,
treated wood, or composite wood-like material complementary to the principal
structure; Chain-link fences and barbed wire or concertina wire shall not be utilized for
screening purposes;
2. Breaks in the fence or wall may be provided for pedestrian connections to adjacent
properties; and
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Chapter 110. Article 4. Site Development Standards §4.5 Landscaping
§4.5.9 Landscape material and design
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-25
3. The maximum length of a continuous, unbroken and uninterrupted fence or wall plane
shall be 100 feet; visual relief shall be provided at intervals not exceeding 100 feet
through the use of masonry columns at reasonable intervals.
D. Existing trees and vegetation
Existing non-invasive trees and shrubs count toward satisfying the landscaping regulations of
§4.5 if they are located within the subject area and they comply with the plant height and
size requirements of §4.5.9.
1. Tree management plan
A tree management plan shall be required prior to the removal or destruction of
existing trees that are at least five inches in diameter measured at breast height (DBH),
including the following information, except as deemed necessary by the zoning
administrator:
(a) The location, size and species of all trees which are at least five inches in
diameter.
(b) The location, size and species of all trees to be preserved and removed;
(c) Specifications for the removal of trees and protection of trees during
construction;
(d) Proposed grade changes or other potentially injurious work adjacent to trees
designated for preservation with specifications for maintaining ground drainage
and aeration around such trees;
(e) The location, size and species of all trees to be planted; and
(f) Such other information that the zoning administrator deems essential.
2. Tree protection during construction
(a) Existing trees, except in the RL, RM, RH zoning districts, specified on the landscape
plan to remain on the site shall be protected from vehicular movement and
material storage over their root spaces during construction. An undisturbed area
with a porous surface shall be reserved around a tree, based on the drip line or as
specified by an arborist or landscape architect.
(b) A temporary tree protection fence shall be installed along the drip line. (See also
section 86-4 of the City Code)
3. Tree removal
(a) Diseased trees or trees weakened by age, storm, fire or other injury may be
removed in accordance with this §4.5.9.D.3. Trees that are damaging or can be
reasonably expected to damage buildings, streets, sidewalks or other
infrastructure may be removed, subject to verification of site conditions by the
zoning administrator. All other tree removal should be based on a consideration
of the following:
(1) The effect of the proposed tree removal upon the stabilization of soil, lakes,
ponds, streams and rivers;
(2) The intended use of the property and feasible alternatives which would
preserve existing trees;
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§4.6 Signs Chapter 110. Article 4. Site Development Standards
§4.5.10 Alternative compliance
Adopted 7/12/2016 Zoning Ordinance
4-26 City of Fairfax, Virginia
(3) The existing topography, proposed changes in the topography and
proposed landscaping;
(4) The hardship imposed or the reasonable use denied to the applicant as a
result of permit denial;
(5) Historical value of the trees;
(6) Good horticultural and forestry practices;
(7) The effect of the proposed tree removal on the deadening and absorption
of sound;
(8) The likelihood that the proposed action will adversely affect the control of
flooding or soil erosion;
(9) The impact of such action on surrounding property or persons; and
(10) The consistency of the proposed action with the purpose of §4.5.1.
(b) Trees that are approved by the zoning administrator for removal shall be replaced
with new trees or large shrubs on the same property and in the same general
location.
§4.5.10. Alternative compliance
In order to encourage creativity in landscape and screening design and to allow for flexibility in
addressing atypical, site-specific development/redevelopment challenges, the zoning
administrator is authorized to approve alternative compliance landscape plans subject to the
following findings:
A. The approved administrative alternate meets the intent of the landscaping regulations;
B. The approved administrative alternate complies with the comprehensive plan and adopted
city plans; and
C. The approved administrative alternate is considered equal to or better than the standard.
§4.6. SIGNS
§4.6.1. Purpose
A. Signs obstruct views, distract motorists, displace alternative uses for land, and pose other
problems that legitimately call for regulation. The purpose of this article is to regulate the
size, color, illumination, movement, materials, location, height and condition of all signs
placed on private property for exterior observation, thus ensuring the protection of property
values, the character of the various neighborhoods, the creation of a convenient, attractive
and harmonious community, protection against destruction of or encroachment upon
historic areas, and the safety and welfare of pedestrians and wheeled traffic, while providing
convenience to citizens and encouraging economic development. This article allows
adequate communication through signage while encouraging aesthetic quality in the design,
location, size and purpose of all signs. This article shall be interpreted in a manner consistent
with the First Amendment guarantee of free speech. If any provision of this article is found by
a court of competent jurisdiction to be invalid, such finding shall not affect the validity of
other provisions of this article which can be given effect without the invalid provision.
RETURN TO TABLE OF CONTENTS
Chapter 110. Article 4. Site Development Standards §4.6 Signs
§4.6.2 Permit required
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-27
B. Signs not expressly permitted as being allowed by right or by special exception under this
article, by specific requirements in another portion of this chapter, or otherwise expressly
allowed are forbidden.
C. A sign placed on land or on a building for the purpose of identification, protection or
directing persons to a use conducted therein shall be deemed to be an integral but accessory
and subordinate part of the principal use of land or building. Therefore, the intent of this
article is to establish limitations on signs in order to ensure they are appropriate to the land,
building or use to which they are appurtenant and are adequate for their intended purpose
while balancing the individual and community interests identified in §4.6.1.A.
D. These regulations are intended to promote signs that are compatible with the use of the
property to which they are appurtenant, landscape and architecture of surrounding
buildings, are legible and appropriate to the activity to which they pertain, are not distracting
to motorists, and are constructed and maintained in a structurally sound and attractive
condition.
E. These regulations distinguish between portions of the city designed for primarily vehicular
access and portions of the city designed for primarily pedestrian access.
F. These regulations do not regulate every form and instance of visual speech that may be
displayed anywhere within the jurisdictional limits of the city. Rather, they are intended to
regulate those forms and instances that are most likely to meaningfully affect one or more of
the purposes set forth above.
G. These regulations do not entirely eliminate all of the harms that may be created by the
installation and display of signs. Rather, they strike an appropriate balance that preserves
ample channels of communication by means of visual display while still reducing and
mitigating the extent of the harms caused by signs.
§4.6.2. Permit required
Except as otherwise expressly provided in §4.6.3 all persons erecting, changing, installing or
otherwise placing signs must first obtain a sign permit in accordance with the procedures of §6.9.
The zoning administrator shall refuse to issue sign permit(s) to any applicant who refuses to pay
costs assessed for the removal of existing signs not in compliance with the requirements of §4.6.
§4.6.3. Signs allowed without a permit
Unless otherwise specified, permits are not required for the following types of signs, but such
signs are required to meet all other applicable requirements of this §4.6 and chapter:
A. Indoor signs, other than window signs;
B. Street address signs, a maximum of one such sign without commercial information or logo
per street address; notwithstanding other provisions to the contrary, such signs need not
comply with setback requirements; and provided further that in residential districts, such
signs shall be maximum of two square feet in area;
C. “Open” signs, including externally or internally illuminated signs, or neon signs (a type of
window sign) up to two square feet in area, one per entrance, in all nonresidential districts
subject to other applicable requirements;
D. Product dispensers and point-of-purchase displays;
E. Religious symbols displayed for noncommercial purposes;
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§4.6 Signs Chapter 110. Article 4. Site Development Standards
§4.6.4 Prohibited signs
Adopted 7/12/2016 Zoning Ordinance
4-28 City of Fairfax, Virginia
F. Seasonal displays and decoration not advertising a product, service or entertainment;
displayed for a period not exceeding 45 consecutive days; however, any nonresidential
district display containing inflatable items shall be considered a moving sign and is therefore
prohibited (see §4.6.4.B.1);
G. Signs and notices posted by or under the direction of an official of the government of the
United States, the state or the city in the performance of his official duties;
H. Traffic control signs;
I. Window shades, provided no words or graphics are on the shade; and
J. Changes to the text only of a previously approved sign, provided the change does not violate
or result in a violation of other provisions of this chapter.
§4.6.4. Prohibited signs
A. General
Signs with the following general characteristics are prohibited in the city of Fairfax:
1. Signs located in a manner that would constitute a hazard to the public health, safety
and welfare;
2. Signs imitating or closely resembling official traffic or government signs or signals,
except for traffic control signs on private streets;
3. Signs displaying flashing or intermittent lights or lights of changing degrees of intensity,
including signs utilizing electronic technology;
4. Portable spotlights or beacons used as advertising to draw attention to any use;
5. Signs painted on or attached to bike racks, bollards, hydrants, parking meters, public
benches, refuse containers, sidewalks or walkways, street light poles, trees, utility
poles and similar facilities;
6. Signs which display “obscene, indecent, or immoral matter”; and
7. Any commercial display of vehicles with open hoods, trunks, or doors; or located on a
building, ramp or other elevated structure.
B. Prohibited sign types
The following sign types are specifically prohibited.
1. Moving signs and devices intended to attract attention
Moving signs or devices intended to attract attention, all or any part of which is
intended to move, including but not limited to pennants, balloons,
propellers, discs, flutter and feather flags, inflatables, wavy man
advertising, handhelds, and stick in the ground signs; provided,
traditional barber pole signs may include the traditional spinning,
red/white, internal element.
2. Billboards and other off-site signs
A sign that describes or calls attention to products, activities, or services that are not
customarily engaged in, produced, or sold on the premises upon which the sign is
located.
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Chapter 110. Article 4. Site Development Standards §4.6 Signs
§4.6.4 Prohibited signs
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-29
3. Pole (or pylon) signs
A sign erected on a vertical framework of one or more
uprights, supported by the ground; provided, otherwise
allowed temporary signs may be pole signs.
4. Portable signs
Any sign not permanently attached to the ground or other
permanent structure or a sign designed to be
transported, including, but not limited to, signs designed
to be transported by means of wheels; and signs
attached to or painted on vehicles parked and visible
from the public right-of-way, unless said vehicle is used
in the normal day-to-day operations of the business,
except for temporary signs as permitted by §4.6.12.
5. Roof signs
A sign or signs erected, constructed, or maintained above or on any part of the roof of
the building, except as specifically allowed for wall
signs.
6. Signs on vehicles or trailers
Signs painted or displayed on vehicles or trailers conspicuously parked in places visible
from public rights-of-way and used primarily for the
purpose of advertising. This prohibition does not apply
to signs painted or displayed on commercial vehicles
which are incidental to the primary use of the vehicle as
a delivery, service, or transportation vehicle.
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§4.6 Signs Chapter 110. Article 4. Site Development Standards
§4.6.5 General sign regulations
Adopted 7/12/2016 Zoning Ordinance
4-30 City of Fairfax, Virginia
§4.6.5. General sign regulations
A. Computation of sign area
1. Individual signs
The area of a sign face (which is also the sign area of a wall sign or other sign with only
one face) shall be computed by means of the smallest, horizontal rectangle, as shown
at right, that will encompass the extreme limits of the writing, representation, emblem
or other display, together with any material or color forming an integral part of the
background of the display or used to differentiate the sign from the backdrop or
structure against which it is placed, but not including any supporting framework, base,
bracing or fence or wall when such fence or wall otherwise meets the regulations of
this chapter and is clearly incidental to the display itself. Unless the zoning
administrator determines that it is not a single sign, all pieces of information or other
graphic representations on that wall shall be measured as though part of one sign,
encompassed within one such rectangle, which may not exceed the maximum
permitted sign area.
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Chapter 110. Article 4. Site Development Standards §4.6 Signs
§4.6.5 General sign regulations
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-31
2. Multi-faced signs
(a) Where the sign faces of a double-faced sign are parallel or the interior angle
formed by the faces is 60 degrees or under, only one display face shall be
measured in computing sign area. If the two faces of a double-faced sign are of
unequal area, the area of the sign shall be the area of the larger face. In all other
cases, the areas of all faces of a multi-faced sign shall be added together to
compute the area of the sign.
(b) Sign area of multi-faced signs is calculated based on the principle that all sign
elements that can be seen at one time or from one vantage point should be
considered in measuring that side of the sign.
3. Other signs
The area of any other sign is measured by finding the area of the minimum imaginary
or actual rectangle or square that fully encloses all extremities of one side of the sign,
exclusive of its supports.
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§4.6 Signs Chapter 110. Article 4. Site Development Standards
§4.6.5 General sign regulations
Adopted 7/12/2016 Zoning Ordinance
4-32 City of Fairfax, Virginia
B. Measurement of sign height
The height of a sign shall be
computed as the distance from
the base of the sign at normal
grade to the top of the highest
attached component of the
sign. Normal grade shall be
construed to be the lower of:
existing grade prior to
construction; or newly
established grade after
construction, exclusive of any
filling, berming, mounding or
excavating solely for the
purpose of locating the sign. In
cases where the normal grade
cannot reasonably be
determined, sign height shall be
computed on the assumption that the elevation of the normal grade at the base of the sign is
equal to the elevation of the nearest point of the crown of a public street or the grade of the
land at the principal entrance to the principal structure on the site, whichever is lower.
C. Illumination
Unless otherwise specified in §4.6, signs may be illuminated from within or from an external
source, as follows:
1. Illuminated signs shall not be located within 100 feet of any residential district. No sign
greater than six feet in height that is located within 200 feet of any residential district
shall be illuminated between the hours of 10:00pm and 6:00am.
2. Sign illumination shall not cause glare onto any building or land, or interfere with
pedestrian, vehicular or bicycle traffic safety.
3. Except as specified for seasonal displays (§4.6.3.F) and “open” signs (§4.6.3.C), all
external and internal lighting, including illuminated tubing, exposed bulbs, strings of
lights and other lights sources, shall be directed toward a sign face and shielded from
direct view.
4. Signs shall not be illuminated by a string of lights placed around the sign.
D. Design, construction and maintenance
1. All signs shall be constructed and mounted in compliance with the building code.
2. Signs shall be constructed of permanent materials and permanently affixed to the
ground or building, or fence or wall; provided that this provision shall not apply to
temporary signs (§4.6.12).
3. All signs and components thereof shall be maintained in good repair and in a safe, neat
and clean condition.
4. The building official may cause to have removed or repaired immediately without
written notice any sign which, in his opinion, has become insecure, in danger of falling,
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Chapter 110. Article 4. Site Development Standards §4.6 Signs
§4.6.6 Maximum aggregate sign area (building-mounted signs)
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-33
or otherwise unsafe, and, as such, presents an immediate threat to the safety of the
public. If such action is necessary to render a sign safe, the cost of such emergency
removal or repair shall be at the expense of the owner or lessee.
5. The owner of any advertising sign, other than a permitted off-premises sign, located on
commercial property where the use or business has ceased operating shall, within 60
days of the cessation of use or business operation, replace the sign face with a blank
face until such time as a use or business has resumed operating on the property.
E. Sign condition, safety hazard and nuisance abatement
1. Any sign which becomes a safety hazard or which is not kept in a reasonably good state
of repair shall be put in a safe and good state of repair within 30 days of a written
notice to the owner and permit holder.
2. Any sign which constitutes a nuisance may be abated by the city under the
requirements of Virginia Code §§ 15.2-900, 15.2-906, and/or 15.2-1115.
F. Nonconforming signs
See §7.5.3.
§4.6.6. Maximum aggregate sign area (building-mounted signs)
A. Maximum allowable aggregate sign area for building-mounted signs (awning or canopy sign,
hanging signs; projecting signs; and wall signs) or a combination of building-mounted signs
per building facade shall be 2.0 square feet per linear foot of building frontage; provided all
allowable building-mounted signage related to or attributed to any given facade shall be used
only on said facade. See also §1.5.10.A.
B. This provision shall not apply in the historic overlay districts of §3.7.2.
C. Individual tenants within such building(s) shall be allocated building-mounted signage as
determined by the property owner.
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§4.6 Signs Chapter 110. Article 4. Site Development Standards
§4.6.8 Signs allowed by district
Adopted 7/12/2016 Zoning Ordinance
4-34 City of Fairfax, Virginia
§4.6.8. Signs allowed by district
Signs types shall be allowed as specified in the table below.
A. Overlay districts
Signs in overlay districts shall be allowed based on the underlying general use district, except
as modified by the specific regulations of the applicable overlay district (§3.7).
B. Planned districts
Signs in planned districts shall be allowed as specified in the respective planned district
(§3.8).
C. General use districts
Signs in general use districts shall be allowed by district in accordance with the table below.
KEY:
A = signs or other devices allowed without a sign permit
P = signs permitted only after issuance of a sign permit (See §6.9 for more information)
blank box = sign type prohibited in the respective district
SIGN TYPES
RESIDENTIAL DISTRICTS NONRESIDENTIAL DISTRICTS
STANDARDS RL RM RH
RT-
6 RT RMF CL CO CR CU CG IL IH
GROUND-MOUNTED SIGNS
Monument P P P P P P P P P P P P P §4.6.9
BUILDING-MOUNTED SIGNS
SIGNSSIGNS
Awning or canopy P P P P P P P §4.6.10.A
Hanging P P P P P P P §4.6.10.B
Projecting P P P P P P P §4.6.10.C
Wall P P P P P P P P §4.6.10.D
SPECIAL SIGNS
Changeable copy P P P P P P P §4.6.11.A
Crown P P P P P P P §4.6.11.B
Directional P P P P P P P §4.6.11.C
Directory P P P P P P P §4.6.11.D
Flags A A A A A A A A A A A A A §4.6.11.E
Hardship P P P P P P P §4.6.11.F
Historic marker A A A A A A A A A A A A A §4.6.11.G
Marquee P P P §4.6.11.H
Window P P P P P P P §4.6.11.I
TEMPORARY SIGNS
Announcement or
promotional P P P P P P P §4.6.12.B
Construction A A A A A A A A A A A A A §4.6.12.D
Political and noncommercial
message signs
A A A A A A A A A A A A A §4.6.12.E
Real estate A A A A A A A A A A A A A §4.6.12.F
Sandwich board A A A A A A A §4.6.12.G
Seasonal product sales P P P P P P §4.6.12.H
Special event A A A A A A A A A A A A A §4.6.12.I
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Chapter 110. Article 4. Site Development Standards §4.6 Signs
§4.6.9 Monument signs
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-35
§4.6.9. Monument signs
A. Description
A on-premises ground-mounted sign used to
identify nonresidential uses and subdivisions in
residential districts, or nonresidential uses or
developments in nonresidential districts, that is
anchored and mounted on a dressed base or
platform, which encloses the structural
members that support the sign with brick,
masonry, or painted metal with the bottom of
the sign face at the base, at grade and not
exceeding the specified overall height.
Monument signs are the only ground-mounted signs allowed in the city of Fairfax.
B. Area
1. Monument signs shall be no more than:
(a) Commercial districts: 1.8 square feet for each linear foot of street frontage (as
defined in Article 9), or a maximum of 120 square feet, whichever is less.
(b) Industrial districts: 1.2 square feet for each linear foot of street frontage, or a
maximum of 100 square feet, whichever is less.
(c) Residential districts: 0.5 square foot for each linear foot of street frontage or a
maximum of 50 square feet.
2. Any portion of a sign base or platform that is designed or intended to inform,
persuade, advertise or visually attract attention shall be considered part of the sign.
C. Height
Height of monument signs, including the platform and base, shall not exceed 10 feet.
D. Number
One per street frontage.
E. Location
1. Monument signs shall be permitted only on lots with at least 100 feet of street
frontage.
2. Such signs shall be setback at least 10 feet from all property lines.
§4.6.10. Building-mounted signs
A. Awning or canopy signs
1. Description
An on-premises sign attached flat to an awning or canopy.
2. Area
Awning or canopy signs shall be no more than 15 square feet.
3. Illumination
Signs may be illuminated.
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§4.6 Signs Chapter 110. Article 4. Site Development Standards
§4.6.10 Building-mounted signs
Adopted 7/12/2016 Zoning Ordinance
4-36 City of Fairfax, Virginia
4. Miscellaneous
Signs shall not extend outside the overall length or width of an awning or canopy, or
extend above the height of the building wall to which the awning or canopy is
attached.
B. Hanging signs
1. Description
An on-premises sign that is suspended from the
underside of a horizontal plane surface and is
supported by such surface.
2. Area
Hanging signs shall be no more than eight square
feet.
3. Illumination
Hanging signs may be illuminated only with external
lighting.
4. Location
Comply with building setback requirements for the underlying district.
5. Number
(a) No more than one hanging sign per entrance.
(b) The sign may have copy on both sides.
6. Height
Hanging signs shall maintain a vertical clearance over a sidewalk of at least seven feet,
six inches, and shall be no higher than 12 feet over the sidewalk.
C. Projecting signs
1. Description
An on-premises sign attached
directly to a supporting building
wall, and intersecting the building
wall at a right angle. A projecting
sign typically extends more than 12
inches from the building wall, and
may be two or three-dimensional.
2. Area
Projecting signs shall be no more than 40 square feet.
3. Height
(a) Projecting signs shall maintain a vertical clearance over a sidewalk of at least
seven feet, six inches.
(b) Such signs shall be no higher than the roof line of a building.
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Chapter 110. Article 4. Site Development Standards §4.6 Signs
§4.6.11 Special signs
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-37
4. Illumination
Projecting signs may be illuminated only with external lighting.
5. Location
(a) Projecting signs shall not project more than four feet or one-third the width of the
sidewalk, whichever is less, from the building face to which they are attached.
(b) Such signs shall comply with applicable building setback requirements.
D. Wall signs
1. Description
An on-premises sign that is painted on or
attached directly to the surface of a wall of
a multifamily building or a nonresidential
use. For purposes of these regulations, fuel
station canopy signs shall be considered
wall signs.
2. Area
Wall signs shall be no more than 2.0 square
feet in area per linear foot of building frontage.
3. Height
(a) No portion of a wall sign may extend above the roof line of a building, including
that of gas station canopy.
(b) No portion of a wall sign may extend above top of a building.
(c) No wall sign may extend above the lower eave line of a building with a flat,
pitched or a gambrel roof.
4. Location
(a) Wall signs shall not extend more than 12 inches from the building face to which
they are attached.
(b) Wall signs shall not extend beyond the perimeter of any building edge.
(c) Wall signs may be located on a parapet that extends no more than five feet above
the lowest eave of the roof.
§4.6.11. Special signs
A. Changeable copy signs
1. Description
Any on-premises sign that allows the copy to
change. These signs may be lighted or unlighted,
with detachable or fixed-in-place, letters and
figures. Other than sandwich board signs, only
signs that are permanently affixed to the ground
or a building may be changeable copy signs.
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§4.6 Signs Chapter 110. Article 4. Site Development Standards
§4.6.11 Special signs
Adopted 7/12/2016 Zoning Ordinance
4-38 City of Fairfax, Virginia
2. Location
Changeable copy signs may be included as a part of an otherwise permitted monument
sign in any nonresidential district, provided the sign otherwise complies with all
requirements for monument signs. (See also §4.6.9)
3. Text
(a) Up to 60 percent of a changeable copy sign’s sign area may be changeable copy.
(b) No changeable copy sign may contain more than three horizontal rows of
information.
4. Illumination
All sign illumination shall be internal, except in the historic overlay districts of §3.7.2.
(See also §4.6.5.C)
5. Electronic technology
Signs utilizing electronic technology shall be prohibited.
B. Crown signs
1. Description
An on-premises type of wall sign located adjacent to
and below the roof line on a building at least 50 feet or
five floors in height.
2. Applicability
In addition to otherwise permitted wall signs, buildings
at least 50 feet in height may contain a crown sign.
3. Area
Crown signs shall be no more than 200 square feet, or
five square feet per building side for each foot of
building height over 50 feet tall, whichever is less.
4. Location
The sign shall be located on a building wall adjacent to and below the roof line and
shall not extend below the top window line of the upper floor of the building.
5. Number
Only one crown sign shall be located on any one side of a building.
6. Illumination
All sign illumination shall be internal. (See also §4.6.5.C)
7. Changeable copy
Changeable copy shall be prohibited.
C. Directional signs
1. Description
On-premises building-mounted or ground-mounted, monument signs without
commercial information or logos designed used to provide directions.
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Chapter 110. Article 4. Site Development Standards §4.6 Signs
§4.6.11 Special signs
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-39
2. Number
Up to one directional sign shall be permitted per building.
3. Area
Directional signs shall not exceed four square feet in area and no more than six feet
height for building-mounted signs, or three square feet in area and three feet in height
for monument signs.
D. Directory signs
1. Description
An on-premises map and/or sign at a multi-tenant building or project that identifies
uses or activities conducted on-site, or a sign located on the wall of a building near an
entrance to the building for the purpose of identifying the names and locations of uses
within the building.
2. Number
All attached multitenant office or industrial buildings shall be permitted one wall-
mounted directory sign not to exceed four square feet in area for the purpose of
identifying the names and locations of uses within the building.
3. Area
Directory signs shall not exceed 20 square feet in area for the purpose of identifying
the names and locations of uses or activities within the building.
4. Location
All attached multi-tenant office or industrial buildings shall be permitted one wall
directory sign not to exceed four square feet in area.
E. Flags
1. Description
On-premises flags of the United States, other
governmental entities, religious institutions, groups, civic
organizations, service clubs, or any commercial and
noncommercial entities.
2. Number
There shall be a maximum of three flags per site.
3. Area
Flags shall be no more than 40 square feet each.
4. Location
(a) The flag may be on a freestanding pole or anchored to the side of a building;
anchoring devices shall not project more than five feet from the surface of the
wall.
(b) Each flag and pole shall conform to the required yard (setback) restrictions of the
district in which they are located.
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§4.6 Signs Chapter 110. Article 4. Site Development Standards
§4.6.11 Special signs
Adopted 7/12/2016 Zoning Ordinance
4-40 City of Fairfax, Virginia
5. Height
Each flag and pole shall conform to the height restrictions of the district in which they
are located.
6. Illumination
Flags may be illuminated. (See also §4.6.5.C)
F. Hardship signs
1. Description
An on-premises special sign type as determined by the zoning administrator that may
only be allowed in unique, hardship circumstances, where the only public entrance is
on a building face not readily visible to the public right-of-way and the zoning
administrator makes a positive finding with respect of each of the following:
(a) That the strict application of this chapter would produce undue hardship;
(b) That such hardship is not self-imposed;
(c) That such hardship is not shared generally by other properties in the same zoning
district and the same vicinity;
(d) That the authorization of such variance will not be of substantial detriment to
adjacent property and that the character of the district will not be changed by the
granting of the variance; and
(e) That the condition or situation of the property concerned or the intended use of
the property is not of so general or recurring a nature as to make reasonably
practicable the formulation of a general regulation to be adopted as an
amendment to this chapter.
2. Area
The area of a hardship signs shall be no more than 2.0 square feet in per linear foot of
building frontage.
3. Number
No more than one hardship sign shall be allowed per address.
4. Height
No portion of a hardship sign may extend above the roof line of the building containing
the principal use.
5. Location
(a) Hardship signs may be attached to a accessory building or structure, other than a
pylon.
(b) Hardship signs shall not extend beyond the perimeter of any building edge.
(c) Hardship signs may be located on a parapet that extends no more than five feet
above the lowest eave of the roof.
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Chapter 110. Article 4. Site Development Standards §4.6 Signs
§4.6.11 Special signs
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-41
G. Historic marker signs
1. Description
Historic markers approved by the Virginia
Department of Historic Resources or the zoning
administrator.
2. Area
Historic marker signs shall not be more than 32
square feet, provided that signs are attached to
buildings shall be no more than 10 square feet.
3. Materials
Such signs or markers shall be made of cast metal, cut masonry, painted wood or
metal.
4. Illumination
Historic markers shall be externally illuminated only. (See also §4.6.5.C)
H. Marquee
1. Description
On-premises signs or message areas on a
permanent roof-like structure over an
entrance of a theater (marquee) or vertically-
oriented and projecting from the wall of a
theater.
2. Area
Marque signs shall be no more than 300
square feet, and may extend the full length
of the marquee.
3. Number
Only one marquee sign shall be allowed per
building.
4. Height
(a) The marquee shall have a vertical clearance over a sidewalk of at least seven feet,
six inches.
(b) The sign may extend above the top of the marquee, provided the vertical
dimension of any marquee structure over an entrance, including both marquee
and sign, shall not exceed five feet.
5. Changeable copy
Marque signs may have changeable copy on each face.
6. Illumination
If such signs are illuminated, the illumination shall be by internal lighting only. Exposed
light sources shall not be used.
RETURN TO TABLE OF CONTENTS
§4.6 Signs Chapter 110. Article 4. Site Development Standards
§4.6.12 Temporary signs
Adopted 7/12/2016 Zoning Ordinance
4-42 City of Fairfax, Virginia
I. Window signs
1. Description
Any on-premises sign, picture, symbol, or combination
thereof, designed to communicate information about an
activity, business, commodity or service placed inside a
window or upon the windowpanes or glass and is
intended to be visible from the exterior of the window.
2. Number
There shall be no maximum number of permanent signs
per window, provided the 25 percent coverage
requirement, below, is maintained.
3. Area
Window signs may cover no more than 25 percent of the
gross, transparent glass area on the ground floor façade of a building. For purposes of
this provision, each building façade shall be considered separately.
4. Location
Window signs shall be located on ground floor windows only.
§4.6.12. Temporary signs
A. General description
On-premises signs constructed of cloth, fabric, or other
lightweight temporary material with or without a
structural frame intended for a limited period of display.
B. Announcement or promotional signs
1. Description
Signs making any commercial or noncommercial
announcements or promoting something,
including but not limited to, advertising the
opening of commercial or noncommercial
establishments, coming soon, going out-of-business, store closing, special sales events
or products, and similar signs, including banners.
2. Area
Not to exceed 32 square feet.
3. Duration
Permitted for a maximum of 30 days per event, and up to 90 days per year.
4. Location
Such signs shall be located at least 10 feet from all property lines.
RETURN TO TABLE OF CONTENTS
Chapter 110. Article 4. Site Development Standards §4.6 Signs
§4.6.12 Temporary signs
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-43
D. Construction signs
1. Description
On premises signs identifying architects, engineers,
contractors and other individuals or firms involved with
construction on the premises, the name of the building or
project, the intended purpose of the building, and/or the
expected completion date.
2. Area
Not to exceed 10 square feet in the RL, RM and RH districts, 32 square feet in all other
districts.
3. Number
(a) A maximum total of two such signs per development.
(b) No individual residential unit may have more than one such sign.
4. Height
Not to exceed five feet in height.
5. Location
Located on the subject land or premises advertised at least 10 feet from all property
lines, or on a fence (permanent or temporary) or wall.
6. Duration
Must be removed prior to the issuance of a final zoning permit.
E. Political and noncommercial message signs
1. Description
On-premises signs expressing support for a candidate for
public office or other position regarding a public figure or
any noncommercial message.
2. Area
Not to exceed 10 square feet in the RL, RM and RH districts, 32 square feet in all other
districts.
3. Number
Limited to a maximum of one sign per street frontage.
4. Height
Not to exceed five feet in height.
5. Location
Located on the subject land, building or premises advertised at least 10 feet from all
property lines, or on a fence (permanent or temporary) or wall.
6. Duration
Placed for a maximum of 90 days.
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§4.6 Signs Chapter 110. Article 4. Site Development Standards
§4.6.12 Temporary signs
Adopted 7/12/2016 Zoning Ordinance
4-44 City of Fairfax, Virginia
F. Real estate signs
1. Description
On-premises signs advertising the premises for sale, rent or
lease.
2. Area
Not to exceed 10 square feet in the RL, RM and RH districts,
32 square feet in all other districts.
3. Number
Limited to a maximum of one sign per street frontage.
4. Height
Not to exceed five feet in height.
5. Location
Located on the subject land, building or premises advertised at least 10 feet from all
property lines, or on a fence (permanent or temporary) or wall.
6. Duration
Must be removed upon settlement or closing of sale, or leasing of 75 percent of
leasable floor area.
G. Sandwich board signs
1. Description
On-premises movable sign constructed of durable
materials, which has two flat faces, with or without
changeable copy.
2. Area
Not to exceed six square feet per face.
3. Number
One per business or use.
4. Location
Located must not impede pedestrian flow.
5. Duration
Must be removed when the store is closed.
H. Seasonal product sales signs
1. Description
On-premises signs displayed in conjunction with a
seasonal stand or vendor location for seasonal sales, of
produce, fireworks, Christmas trees and similar
products.
2. Area
Not to exceed 20 square feet.
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Chapter 110. Article 4. Site Development Standards §4.7 Fences and Walls
§4.7.1 Materials and design
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-45
3. Number
A maximum of one sign shall be allowed per use.
4. Location
Located must not impede pedestrian flow.
5. Height
Not to exceed five feet in height.
6. Duration
Such signs shall have the same duration as the temporary use permit issued for the
stand.
I. Special event signs
1. Description
On-premises signs advertising special events sponsored or co-sponsored by the city,
community group or any other nonprofit organization including banners.
2. Area
Not to exceed 32 square feet.
3. Location
Such signs shall be located where permanent building-mounted signs may be located.
4. Duration
Permitted for a maximum of 30 days per event, and up to 90 days per year.
§4.7. FENCES AND WALLS
§4.7.1. Materials and design
All fences and walls in nonresidential districts and all required fencing and walls in residential
districts shall comply with the material and design requirements of §4.5.9.
§4.7.2. Nonresidential districts
A. IL and IH district
Except as otherwise specified, a fence or wall on any property in the nonresidential districts
may be located as follows:
1. In any required front yard, a fence or wall not exceeding six feet in height is permitted.
2. In any side (street) yard, a fence or wall located between a front property line and the
nearest wall of the principal structure shall not exceed six feet in height.
3. In any side (interior) or rear yard, a fence or wall not exceeding eight feet in height is
permitted.
B. All other districts
Except as otherwise specified, a fence or wall on any property in the nonresidential districts
may be located as follows:
1. In any required front yard, a fence or wall not exceeding four feet in height is
permitted.
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§4.7 Fences and Walls Chapter 110. Article 4. Site Development Standards
§4.7.3 Residential districts
Adopted 7/12/2016 Zoning Ordinance
4-46 City of Fairfax, Virginia
2. In any side (street) yard, a fence or wall located between a right-of-way line and the
nearest wall of the principal structure shall not exceed four feet in height.
3. In any side (interior) or rear yard, a fence or wall not exceeding seven feet in height is
permitted.
§4.7.3. Residential districts
In residential districts, the following standards shall apply:
A. Location
Except as otherwise specified, a fence or wall on any property in the residential districts may
be located as follows:
1. In any front yard, a fence or wall not exceeding four feet in height is permitted.
2. In any side or rear yard, a fence or wall not exceeding seven feet in height is permitted,
except that in any side yard, a fence or wall located between a front property line and
the nearest wall of the principal structure shall not exceed four feet in height.
3. On any corner lot, a fence or wall located between a right-of-way line and the nearest
wall of the principal structure shall not exceed four feet in height, as measured parallel
to the appurtenant property line.
4. The following regulations apply only to lots where the rear of the primary structure
faces a right-of-way:
(a) For the purposes of §4.7, a lot where the rear of the primary structure faces a
right-of-way is defined as a single-family residential lot in the RL, RM or RH district
that has a primary structure, the rear wall of which parallels or nearly parallels a
right-of-way. Such lots are deemed to contain primary front yards and secondary
front yards for the purpose of defining areas for permitted fence or walls. These
terms refer to the following:
(1) The primary front yard shall be the front yard of a lot meeting the definition
of §4.7.3.A.4(a), above, that faces the primary structure's main entrance.
On lots on which the primary front yard cannot be determined by the
location of the primary structure's main entrance, the primary front yard
shall be the yard that contains the main driveway serving the lot. A lot shall
contain only one primary front yard.
(2) A secondary front yard shall be any front yard other than that meeting the
criteria described above in §4.7.3.A.4(a)(1), above. A lot may contain one or
more secondary front yards.
(b) A fence or wall not exceeding four feet in height is permitted in any yard,
including any primary front yard or secondary front yard.
(c) A fence or wall not exceeding seven feet in height is permitted in any side or rear
yard so long as the fence or wall is no closer to the primary front yard property
line than the front wall of the principal structure.
(d) A fence or wall not exceeding seven feet in height is permitted in any secondary
front yard.
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Chapter 110. Article 4. Site Development Standards §4.7 Fences and Walls
§4.7.3 Residential districts
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-47
(e) Illustrations of areas of maximum fence or wall height for interior lots, corner lots
and lots where the rear of the primary structure faces a right-of-way are provided
below:
5. For all fences or walls in the residential districts, the following standards shall apply:
(a) Where a fence or wall parallels or nearly parallels a street or right-of-way, the
finished side of the fence or wall shall face outwards, towards the street or right-
of-way.
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§4.7 Fences and Walls Chapter 110. Article 4. Site Development Standards
§4.7.4 Measurement
Adopted 7/12/2016 Zoning Ordinance
4-48 City of Fairfax, Virginia
(b) No barbed wire, electrical security elements (other than underground electrical
security elements), or other hazardous materials shall be used as part of a fence
or wall.
(c) For purposes of §4.7.3, all yards on corner lots located between a right-of-way line
and the nearest wall of the principal structure shall be considered front yards.
§4.7.4. Measurement
Fence or wall height shall be measured as stated in §1.5.11.E.
§4.7.5. Administration
A. The zoning administrator may approve a fence or wall that exceeds the maximum height
requirement where a constructed or partially completed fence or wall does not comply with
the provisions contained in §4.7, provided that the height increase does not exceed ten
percent of the maximum permitted height, and further provided that such height increase
shall not be detrimental to the use and enjoyment of other properties in the immediate
vicinity.
B. Upon the issuance of written approval for an increase in the maximum height of a fence or
wall in accordance with the provisions of §4.7, the same shall be deemed to be a lawful fence
or wall.
C. Any fence or wall used in conjunction with a governmental use or required by local, state or
federal law may exceed the height restrictions set forth in §4.7.
§4.7.6. Visual clearance
All fences and walls must comply with the visual clearance requirements set forth in §4.3.4.
§4.7.7. Special exceptions
The board of zoning appeals may modify the fence or wall height requirements, including
alternative locations and designs, pursuant to §4.7 in accordance with the relevant provisions in
§6.17.
A. Maximum height
In making a decision to modify maximum height provisions, the board shall consider the
following:
1. Unusual site topography, and the relation of the proposed fence or wall to that
topography;
2. Unusual lot configuration (e.g., placement of the house on the lot, heavy traffic
volume, existence of a vacant lot);
3. The presence of neighboring properties that contain uses other than single-family
residences; and
4. Fence or wall design (e.g., opacity, materials), and variations of fence or wall materials.
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Chapter 110. Article 4. Site Development Standards §4.8 Outdoor Lighting
§4.8.1 Applicability
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-49
B. Limitations
1. The requirements of §4.7 shall not be deemed to prohibit any necessary retaining wall,
terrace wall, or similar feature, nor to prohibit any safety railing installed adjacent to a
retaining wall.
2. The requirements of §4.7 shall not be deemed to prohibit any fence or wall as required
in City Code chapter 10, article IX, section 10-621, regarding required protective
fencing surrounding swimming and wading pools. Further, the requirements of §4.7
shall not be deemed to prohibit any fence or wall immediately surrounding a tennis
court.
3. The requirements of §4.7 shall not be deemed to prohibit any fence or wall as
otherwise required fence or wall.
4. The requirements of §4.7 shall not apply to temporary security fences or walls erected
on or around construction sites during such time a valid building permit is in effect.
§4.8. OUTDOOR LIGHTING
§4.8.1. Applicability
A. Unless specifically exempt, all existing and proposed development for which site plan
approval is required (see §6.8) shall meet the provisions of §4.8.
B. Buildings and structures lawfully existing as of the effective date of this chapter, may be
redeveloped, renovated or repaired without modifying outdoor lighting in conformance with
§4.8, provided there is no increase in gross floor area in such building or structure or lot
coverage on the site.
C. Where a building or structure existed as of the effective date of this chapter, and such
building is enlarged in gross floor area or lot coverage on the site by 10 percent or 2,500
square feet, whichever is less, outdoor lighting as specified in §4.8 shall be provided.
§4.8.2. Prohibited lighting
A. The following are expressly prohibited:
1. Lasers;
2. Low-pressure sodium and mercury vapor light sources;
3. Searchlights and other high-intensity narrow-beam fixtures; and
4. Light sources that exceed 200,000 lumens or intensity in any direction of 2,000,000
candelas or more.
B. These provisions shall not be interpreted to prohibit equivalent Compact Fluorescent (CFL)
lighting.
§4.8.3. Exempt lighting
The following luminaires and lighting systems are exempt from the regulations of this article:
A. Period luminaries and lighting;
B. Underwater lighting used for the illumination of swimming pools and fountains;
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§4.8 Outdoor Lighting Chapter 110. Article 4. Site Development Standards
§4.8.4 Design requirements
Adopted 7/12/2016 Zoning Ordinance
4-50 City of Fairfax, Virginia
C. Temporary holiday lighting displayed for a period not exceeding 45 consecutive days;
D. Lighting required and regulated by the Federal Aviation Administration, or other authorized
federal, state or local government agency;
E. Emergency lighting used by police, fire, or medical personnel, or at their direction;
F. All outdoor lighting fixtures producing light directly from the combustion of fossil fuels, such
gas lighting;
G. Security lighting controlled and activated by a motion sensor device for a duration of 10
minutes or less; and
H. Luminaires with less than 1,000 initial lumen output.
§4.8.4. Design requirements
Outdoor lighting shall primarily be used to provide safety while secondarily accenting key
architectural elements and to emphasize landscape features. Lighting fixtures shall be designed as
integral design elements that complement the design of the project. This may be accomplished
through style, material or color. All lighting fixtures designed or placed so as to illuminate any
portion of a site shall meet the following requirements:
A. Fixtures (luminaires)
The light source shall be concealed and shall not be visible from any right-of-way or adjacent
properties. In order to direct light downward and minimize the amount of light spillage into
the night sky and onto adjacent properties, all lighting fixtures shall be full cutoff fixtures.
B. Fixture height
1. Lighting fixtures shall be a maximum of 30 feet in height within parking lots and shall
be a maximum of 15 feet in height within residential districts and non-vehicular
pedestrian areas.
2. All lighting fixtures located within 50 feet of any residential use or residential property
boundary shall not exceed 15 feet in height.
C. Light source (lamp)
Only incandescent, LED, fluorescent, metal halide, or color corrected high-pressure sodium
lighting sources may be used. The same light source type shall be used for the same or similar
types of lighting on any one site throughout any development.
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Chapter 110. Article 4. Site Development Standards §4.9 Large format Retail
§4.8.5 Specific lighting standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-51
D. Mounting
Fixtures shall be mounted in such a manner that the cone of light is contained on-site and
does not cross any property line. (See also §4.8.4.A, above)
E. Limit lighting to periods of activity
The use of sensor technologies, timers or other means to activate lighting during times when
it will be needed may be required by the zoning administrator to conserve energy, provide
safety and promote compatibility between different land uses.
§4.8.5. Specific lighting standards
A. Security lighting
1. Building-mounted security lighting fixtures such as wall packs shall not project above
the fascia or roof line of the building and shall be shielded.
2. Security fixtures shall not be substituted for parking lot or walkway lighting and shall be
restricted to loading, storage, service and similar locations.
B. Accent lighting
Only lighting used to accent architectural features, landscaping or art may be directed
upward, provided that the fixture shall be located, aimed or shielded to minimize light spill
into the night sky.
C. Canopy area lighting
All development that incorporates a canopy area over fuel stations, automated teller
machines or similar installations shall use a recessed lens cover flush with the bottom surface
of the canopy that provides a cutoff or shielded light distribution.
D. Entrances and exits in nonresidential, multifamily and mixed use buildings
All entrances and exits to buildings used for nonresidential purposes and open to the general
public, along with all entrances and exits in nonresidential, multifamily, and mixed use
buildings, shall be adequately lighted to ensure the safety of persons and the security of the
building.
E. Parking lot lighting
All parking lots serving nonresidential and multifamily uses shall be required to provide
lighting during nighttime hours of operation in accordance with the requirements of §4.8.
F. Illumination
1. Outdoor lighting fixtures must be located, aimed or shielded to minimize glare and
stray light trespassing across lot lines and into the public right-of-way.
2. Maximum luminance levels shall not exceed 0.5 foot candles at the property boundary
except as may be required herein.
§4.9. LARGE FORMAT RETAIL
§4.9.1. Purpose
The purpose of this section is to facilitate the creation of a convenient, attractive and harmonious
community compatible with existing development through the careful integration of large format
retail buildings.
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§4.10 Outdoor Storage and Display Chapter 110. Article 4. Site Development Standards
§4.9.2 Applicability
Adopted 7/12/2016 Zoning Ordinance
4-52 City of Fairfax, Virginia
§4.9.2. Applicability
This section shall apply to the construction, renovation or redevelopment of large format retail
buildings with aggregate floor area of more than 30,000 square feet.
§4.9.3. Review procedure
Large format retail development shall be subject to a special use permit pursuant to the provisions
of §6.7.
§4.10. OUTDOOR STORAGE AND DISPLAY
§4.10.1. Applicability
Regulations governing outdoor storage and display shall apply in all nonresidential districts. Any
merchandise, material or equipment situated outdoors shall be subject to the requirements of
§4.10. For the purpose of §4.10, outdoor storage and display shall be broken into three
categories: outdoor display, limited outdoor storage and general outdoor storage.
§4.10.2. Outdoor display
A. Outdoor display is the display of products actively available for sale. Outdoor displays are
normally brought indoors overnight.
B. Outdoor display shall be allowed adjacent to a principal building wall and extending to a
distance no greater than 10 feet from the wall. Such display shall not be permitted to block
windows, entrances or exits, and shall not impair the ability of pedestrians to use sidewalks.
C. Seasonal displays and decoration not advertising a product, service or entertainment;
displayed for a period not exceeding 45 consecutive days shall be exempt from the provisions
of §4.10.2.
§4.10.3. Outdoor storage
A. General
1. Outdoor storage is more intensive than outdoor display. Materials stored in outdoor
storage are not normally brought indoors overnight.
2. Areas used for outdoor storage may be allowed following review and approval of a site
plan illustrating the extent of the area proposed for outdoor storage.
B. Limited outdoor storage
1. Limited outdoor storage includes garden supplies, building supplies, plants, vehicle
sales and services, play equipment and other similar uses.
2. Limited outdoor storage shall comply with the following standards:
(a) No outdoor storage shall be allowed in required front or side yards or within 15
feet of any public right-of-way, whichever is greater.
(b) Outdoor storage may be located to the side of a building, provided it is not
located within the required side yard (setback).
(c) No outdoor storage shall be permitted within required parking lots or spaces.
(d) Any rear yard may be used for outdoor storage purposes.
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Chapter 110. Article 4. Site Development Standards §4.11 Underground Utilities
§4.13.1 Establishment
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-53
3. Vehicles for sale or rent shall be located and displayed on a paved parking lot screened
under the same requirements as for a parking lot. (See also §4.5.7)
C. General outdoor storage
1. General outdoor storage includes material stored in boxes, crates, storage pods or
other shipping containers; lumber yards; pipe; wrecking, junk or salvage yards; and
other similar uses.
2. In addition to the requirements of §4.10.3.B, above, areas used for general outdoor
storage shall be screened from view from the public right-of-way, public vehicular use
areas, or adjacent residential development (if any) pursuant to §4.5.8.D.
§4.11. UNDERGROUND UTILITIES
A. All on-site utilities shall be installed underground at the applicant’s expense in accordance
with city and applicable utility company standards; provided that temporary overhead
facilities required for construction purposes shall be permitted.
B. When the proposed development will result in moving or relocating existing overhead
utilities located in adjoining rights-of-way, the applicant shall be responsible for placing such
utilities underground and dedicating any additional right-of-way or easement that is
necessary. Equipment such as electric distribution transformers, switch gear, meter pedestals
and telephone pedestals which is normally installed above ground in accordance with
generally accepted utility practice for underground distribution may be so installed.
C. Special exceptions to the above requirement shall only be granted by the city council
pursuant to the procedures and limitations of §6.17.
§4.12. REFUSE DISPOSAL
If dumpsters are used for refuse disposal, then each dumpster shall be located on a concrete pad with
minimum dimensions of 20 feet by 12 feet and screened in accordance with the requirements contained
in §4.5. Refuse disposal areas shall be located so that they are accessible by a disposal truck without
impeding traffic or encroaching upon required parking spaces;
§4.13. COMMON INTEREST COMMUNITY ASSOCIATIONS
§4.13.1. Establishment
A. If any common interest community association, including condominium unit owners’
association, residential or nonresidential property owners’ association, real estate
cooperative association, or similar legal entity (owners’ association) is to be responsible for
the maintenance and control of any recreation and open area, private streets, stormwater
facilities, or other facilities (common area and facilities) associated with a development, it
must be established so that it has clear legal responsibility and authority to maintain and
exercise control over the common area and facilities, including the obligation to maintain
such common area and facilities and the power to compel contributions from property
owners to cover their proportionate share of the costs associated with the maintenance of
the common area and facilities.
B. Such association must be established before any dwelling unit or lot in the subdivision or
development is sold or any building in the development is occupied.
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§4.14 Operational Performance Standards Chapter 110. Article 4. Site Development Standards
§4.13.2 Documentation
Adopted 7/12/2016 Zoning Ordinance
4-54 City of Fairfax, Virginia
C. Authority and control over the association must be transferred from the developer to the
association at such time as more than 60 percent, or as provided by law, of the dwelling units
or lots in the development have been sold, or as otherwise approved by the city council.
§4.13.2. Documentation
A. Membership in the association shall be mandatory and automatic for all owners of the
development and their successors.
B. Documents providing for the establishment of an association or similar legal entity in
accordance with §4.13 must be submitted to, and approved by, the zoning administrator and
the city attorney before any plat for the development is recorded.
1. The zoning administrator’s review is limited to ensuring that the association or similar
legal entity is established so that it has clear legal authority to maintain and exercise
control over the common area and facilities, including the power to compel
contributions from property owners to cover their proportionate share of the costs
associated with the maintenance of the common area and facilities.
2. The purpose of the city attorney’s review is to ensure that the city has all necessary
authority to remedy a default in the maintenance obligations of the association and to
recover the costs of such remedy from the association or its members.
§4.14. OPERATIONAL PERFORMANCE STANDARDS
§4.14.1. Purpose
The operational performance standards of §4.14 are intended to protect the health, safety and
welfare of the city by regulating nuisances associated with land uses.
§4.14.2. Applicability
The operational performance standards of §4.14 shall apply to all uses, buildings and structures
within the city unless otherwise specifically indicated.
§4.14.3. Exemptions
The following are exempt from the operational performance standards of §4.14:
A. Temporary construction, excavation and grading associated with development for which
applicable permits have been issued and with the installation of streets or utilities; and
B. Demolition activities that are necessary and incidental to permitted development.
§4.14.4. Noise
A. Declaration of policy
It shall be the public policy of the city to provide reasonable restrictions on noise for the
purpose of promoting the health, safety and welfare of its citizens. Such noise control policy
shall be conducted, to the extent possible, in cooperation and coordination with similar
programs in other local jurisdictions and in concert with state and federal governments and
other regional agencies.
B. Noise measurement procedure
Any noise measurement made pursuant to this article shall be accomplished either utilizing
the combination of a sound pressure meter and an octave band analyzer or utilizing an A-
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Chapter 110. Article 4. Site Development Standards §4.14 Operational Performance Standards
§4.14.4 Noise
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-55
weighted sound pressure meter. The sound pressure meter shall be manufactured to meet
ANSI S1.4-1971 type 2 standard and to read in decibels, A-weighted. Measurement of noise
shall be taken at any property line, or within any other property affected by the noise, at a
point likely to receive the highest sound pressure level. Measurement shall be taken directing
the instrument's microphone toward the noise generator and toward any surface likely to
reflect the noise from the noise generator.
C. Maximum permissible noise levels
1. No person shall operate, and no property owner or business owner shall permit to be
operated, any noise source in such a manner as to create a sound pressure level that
exceeds the limits set forth in the table following, titled "Maximum Sound Pressure
Levels." The noise limits for each parcel of land shall depend upon the zoning district
within which the parcel is located. All activities on parcels in residential, commercial or
industrial districts shall operate within the residential, commercial or industrial limits
set forth in the table. All mixed use zones shall meet the most restrictive standard
among those set forth in the table for the uses for which certificates of occupancy
apply on the parcel at the time of measurement.
MAXIMUM PERMISSIBLE NOISE LEVELS
ZONING DISTRICTS MAXIMUM DBA
OCTAVE BAND LIMIT CENTER
FREQUENCY HERTZ—(HZ) DB
Residential 55
31.5
63
125
250
500
1,000
2,000
4,000
8,000
70
69
64
59
53
47
42
38
35
Commercial 60 31.5
63
125
250
500
1,000
2,000
4,000
8,000
75
74
69
64
58
52
47
43
40
Industrial 72
31.5
63
125
250
500
1,000
2,000
4,000
8,000
85
84
79
74
68
62
57
53
50
2. The city council may upon finding the necessity to further restrict noise in the interest
of public health, safety and welfare, designate a defined geographic area within the city
as a "quiet zone." The designation of each such area shall include a description of the
subject area, the reasons for its designation, and a prescribed limit of sound pressure
to apply within the zone.
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§4.14 Operational Performance Standards Chapter 110. Article 4. Site Development Standards
§4.14.5 Vibration
Adopted 7/12/2016 Zoning Ordinance
4-56 City of Fairfax, Virginia
D. Exemptions
1. Any person responsible for any noise source may apply to the city manager for an
exemption or partial exemption from the provisions of §4.14. The application shall be
accompanied by such information and data as the city manager shall require. The city
manager may grant such exemption or partial exemption if he finds that:
(a) The detriment to the community due to the noise is outweighed by the benefit
to the public interest during the period of the exemption or partial exemption;
and
(b) Strict compliance with the provisions of §4.14 would produce serious hardship.
Any such exemption or partial exemption shall be revocable at the discretion of
the city manager. A copy of any exemption or partial exemption granted shall be
conspicuously posted at the source of the noise.
2. The following uses and activities shall be exempt from the provisions of §4.14:
(a) Emergency generators for periods of power outage;
(b) Noises from any emergency vehicle, when responding to an emergency, or any
alarm, siren, bell or whistle related to, used for, or connected with any
emergency machinery, vehicle, work or alarm, provided the sounding of any
alarm, siren, bell or whistle on or near any building or motor vehicle shall
terminate immediately upon the ending of any such emergency;
(c) Work necessary to repair or restore services provided by public service
companies or the city, including but not limited to water, gas, sewer, telephone
and electric companies;
(d) Any activity to the extent regulation thereof has been preempted by state or
federal law.
(e) Noncommercial public speaking and public assembly activities conducted on any
public space;
(f) Outdoor gatherings, shows and sporting and other entertainment events
between the hours of 7:00am and 10:00pm provided that these events are
conducted in strict compliance with a permit issued by the city or are part of a
school sponsored entertainment or sporting event;
(g) Any noise conducted in connection with a special use permit issued by the city
and displayed at the place of noise generation, provided that such noise does not
exceed the limits established therein; and
(h) Any noise arising from lawn mowing or use of any electrical, hand or gas-
powered garden equipment associated with gardening or grounds maintenance
activities, provided that no such equipment shall be utilized between the hours
of 8:00am and 8:00pm
(i) Any city-sponsored or -partnered festival or event.
§4.14.5. Vibration
All uses shall be operated so that ground vibration is not perceptible outside the lot lines of the
site on which the use is located.
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Chapter 110. Article 4. Site Development Standards §4.15 Floodplain Regulations
§4.14.6 Radioactivity
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-57
§4.14.6. Radioactivity
There shall be no radioactive emission that would be dangerous to health.
§4.14.7. Electrical interference
There shall be no electrical disturbance adversely affecting the operation of any equipment other
than that of the creator of such disturbance.
§4.14.8. 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.
§4.14.9. Glare and heat
There shall be no direct or reflected glare, whether from floodlights or from high-temperature
processes (for example, combustion or welding) so as to be visible from within any residential
district. There shall be no discharge of heat or heated air from any source so as to be detectable
beyond the lot line.
§4.15. FLOODPLAIN REGULATIONS
§4.15.1. Authority
These regulations are adopted pursuant to the authority granted to localities by Code of Virginia,
§15.2 - 2280.
§4.15.2. Purpose
The purpose of these provisions is to prevent: the loss of life and property, the creation of health
and safety hazards, the disruption of commerce and governmental services, the extraordinary and
unnecessary expenditure of public funds for flood protection and relief, and the impairment of the
tax base by:
A. Regulating uses, activities, and development which, alone or in combination with other
existing or future uses, activities, and development, will cause unacceptable increases in
flood heights, velocities, and frequencies;
B. Restricting or prohibiting certain uses, activities, and development from locating within
districts subject to flooding;
C. Requiring all those uses, activities, and developments that do occur in flood-prone districts to
be protected and/or floodproofed against flooding and flood damage; and
D. Protecting individuals from buying land and structures that are unsuited for intended
purposes because of flood hazards.
§4.15.3. General Provisions
A. Applicability
These regulations shall apply to all privately and publicly owned lands within the city and
identified as areas of special flood hazard according to the flood insurance rate map (FIRM)
that is provided to the city by the Federal Emergency Management Agency (FEMA)
B. Compliance and liability
1. No land shall hereafter be developed and no structure shall be located, relocated,
constructed, reconstructed, enlarged, or structurally altered except in full compliance
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§4.15 Floodplain Regulations Chapter 110. Article 4. Site Development Standards
§4.15.4 Administration
Adopted 7/12/2016 Zoning Ordinance
4-58 City of Fairfax, Virginia
with the terms and provisions of these regulations and any other applicable ordinances
and regulations, which apply to uses within the city.
2. The degree of flood protection sought by the provisions of these regulations is
considered reasonable for regulatory purposes and is based on acceptable engineering
methods of study, but does not imply total flood protection. Larger floods may occur
on rare occasions. Flood heights may be increased by man-made or natural causes,
such as ice jams and bridge openings restricted by debris. These regulations do not
imply that districts outside the floodplain district or land uses permitted within such
district will be free from flooding or flood damages.
3. These regulations shall not create liability on the part of the city or any officer or
employee thereof for any flood damages that result from reliance on these regulations
or any administrative decision lawfully made thereunder.
C. Records
Records of actions associated with administering these regulations shall be kept on file and
maintained by the floodplain administrator.
D. Abrogation and greater restrictions
These regulations supersede any regulations currently in effect in flood-prone districts. Any
existing regulation, however, shall remain in full force and effect to the extent that its
provisions are more restrictive than the provisions of these regulations.
§4.15.4. Administration
A. Designation of the floodplain administrator
The zoning administrator shall serve as the floodplain administrator and is hereby appointed
to administer and implement the regulations of this section and is referred to herein as the
floodplain administrator. The floodplain administrator may:
1. Administer and implement floodplain regulations himself or delegate duties and
responsibilities set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees.
2. Enter into a written agreement or written contract with another community or private
sector entity to administer specific provisions of these regulations. Administration of
any part of these regulations by another entity shall not relieve the city of its
responsibilities pursuant to the participation requirements of the National Flood
Insurance Program (NFIP) as set forth in the Code of Federal Regulations at 44 CFR
59.22.
B. Duties and responsibilities of the floodplain administrator
The duties and responsibilities of the floodplain administrator shall include but are not
limited to:
1. Review applications for floodplain permits to determine whether proposed activities
will be located in the special flood hazard area.
2. Interpret floodplain boundaries and provide available base flood elevation and flood
hazard information.
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Chapter 110. Article 4. Site Development Standards §4.15 Floodplain Regulations
§4.15.4 Administration
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-59
3. Review applications to determine whether proposed activities will be reasonably safe
from flooding and require new construction and substantial improvements to meet the
requirements of these regulations.
4. Review applications to determine whether all necessary permits have been obtained
from the federal, state or local agencies from which prior or concurrent approval is
required; in particular, permits from state agencies for any construction,
reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction
(including bridges, culverts, structures), any alteration of a watercourse, or any change
of the course, current, or cross section of a stream or body of water, including any
change to the 100-year frequency floodplain of free-flowing nontidal waters of the
state.
5. Verify that applicants proposing an alteration of a watercourse have notified adjacent
communities, the Department of Conservation and Recreation (DCR) Division of Dam
Safety and Floodplain Management, and other appropriate agencies (Virginia
Department of Environmental Quality [VADEQ], United States Army Corps of Engineers
[USACE]) and have submitted copies of such notifications to FEMA.
6. Approve applications and issue floodplain permits to develop in flood hazard areas if
the provisions of these regulations have been met, or disapprove applications if the
provisions of these regulations have not been met.
7. Inspect or cause to be inspected, buildings, structures, and other development for
which permits have been issued to determine compliance with these regulations or to
determine if non-compliance has occurred or violations have been committed.
8. Review elevation certificates and require incomplete or deficient certificates to be
corrected.
9. Submit to FEMA, or require applicants to submit to FEMA, data and information
necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses
prepared by or for the city, within six months after such data and information becomes
available if the analyses indicate changes in base flood elevations.
10. Maintain and permanently keep records that are necessary for the administration of
these regulations, including:
(a) Flood insurance studies, FIRMs (including historic studies and maps and current
effective studies and maps) and letters of map change; and
(b) Documentation supporting issuance and denial of permits, elevation certificates,
documentation of the elevation (in relation to the datum on the FIRM) to which
structures have been floodproofed, other required design certifications, special
exceptions and special use permits, and records of enforcement actions taken to
correct violations of these regulation
11. Enforce the provisions of these regulations, investigate violations, issue notices of
violations or stop work orders, and require permit holders to take corrective action.
12. Advise the board of zoning appeals, or the city council, as appropriate, regarding the
intent of these regulations and, for each application for special exceptions and special
use permits, prepare a staff report and recommendation.
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§4.15 Floodplain Regulations Chapter 110. Article 4. Site Development Standards
§4.15.4 Administration
Adopted 7/12/2016 Zoning Ordinance
4-60 City of Fairfax, Virginia
13. Administer the requirements related to proposed work on existing buildings:
(a) Make determinations as to whether buildings and structures that are located in
flood hazard areas and that are damaged by any cause have been substantially
damaged.
(b) Make reasonable efforts to notify owners of substantially damaged structures of
the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the
non-compliant repair of substantially damaged buildings except for temporary
emergency protective measures necessary to secure a property or stabilize a
building or structure to prevent additional damage.
14. Undertake other actions which may include but are not limited to: issuing press
releases, public service announcements, and other public information materials related
to permit requests and repair of damaged structures; coordinating with other Federal,
State, and local agencies to assist with substantial damage determinations; providing
owners of damaged structures information related to the proper repair of damaged
structures in special flood hazard areas; and assisting property owners with
documentation necessary to file claims for Increased Cost of Compliance coverage
under NFIP flood insurance policies.
15. Notify FEMA when the corporate boundaries of the city have been modified and:
(a) Provide a map that clearly delineates the new corporate boundaries or the new
area for which the authority to regulate pursuant to these regulations has either
been assumed or relinquished through annexation; and
(b) If the FIRM for any annexed area includes special flood hazard areas that have
flood zones that have regulatory requirements that are not set forth in these
regulations, prepare amendments to these regulations to adopt the FIRM and
appropriate requirements, and submit the amendments to the city council for
adoption; such adoption shall take place at the same time as or prior to the date
of annexation and a copy of the amended regulations shall be provided to DCR
Division of Dam Safety and Floodplain Management and FEMA.
16. Upon the request of FEMA, complete and submit a report concerning participation in
the NFIP which may request information regarding the number of buildings in the
special flood hazard area, number of permits issued for development in the special
flood hazard area, and number of special exceptions and special use permits issued for
development in the special flood hazard area.
17. Take into account flood, mudslide and flood-related erosion hazards, to the extent that
they are known, in all official actions relating to land management and use throughout
the entire jurisdictional area of the city, whether or not those hazards have been
specifically delineated geographically (e.g. via mapping or surveying).
C. Use and interpretation of FIRMs
The floodplain administrator shall make interpretations, where needed, as to the exact
location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The
following shall apply to the use and interpretation of FIRMs and data:
1. Where field surveyed topography indicates that adjacent ground elevations:
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Chapter 110. Article 4. Site Development Standards §4.15 Floodplain Regulations
§4.15.4 Administration
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-61
(a) Are below the base flood elevation, even in areas not delineated as a special flood
hazard area on a FIRM, the area shall be considered as special flood hazard area
and subject to the requirements of these regulations;
(b) Are above the base flood elevation, the area shall be regulated as special flood
hazard area unless the applicant obtains a letter of map change that removes the
area from the special flood hazard area.
2. In FEMA-identified special flood hazard areas where base flood elevation and floodway
data have not been identified and in areas where FEMA has not identified special flood
hazard areas, any other flood hazard data available from a federal, state, or other
source shall be reviewed and reasonably used.
3. Base flood elevations and designated floodway boundaries on FIRMs and in flood
insurance studies shall take precedence over base flood elevations and floodway
boundaries by any other sources if such sources show reduced floodway widths and/or
lower base flood elevations.
4. Other sources of data shall be reasonably used if such sources show increased base
flood elevations and/or larger floodways than are shown on FIRMs and in flood
insurance studies.
5. If a Preliminary FIRM and/or a Preliminary Flood Insurance Study has been provided by
FEMA:
(a) Upon the issuance of a letter of final determination by FEMA, the preliminary
flood hazard data shall be used and shall replace the flood hazard data previously
provided from FEMA for the purposes of administering these regulations.
(b) Prior to the issuance of a letter of final determination by FEMA, the use of
preliminary flood hazard data shall be deemed the best available data pursuant to
§4.15.6.C regarding A Zones, and used where no base flood elevations and/or
floodways are provided on the effective FIRM.
(c) Prior to issuance of a letter of final determination by FEMA, the use of preliminary
flood hazard data is permitted where the preliminary base flood elevations or
floodways exceed the base flood elevations and/or designated floodway widths in
existing flood hazard data provided by FEMA. Such preliminary data may be
subject to change and/or appeal to FEMA.
D. Jurisdictional boundary changes
1. The city floodplain regulations then in effect on the date of annexation or agreed upon
boundary line adjustment shall remain in effect and shall be enforced by the city for all
annexed areas until the city adopts and enforces an ordinance which meets the
requirements for participation in the NFIP. It is a requirement that municipalities with
existing floodplain ordinances shall pass a resolution acknowledging and accepting
responsibility for enforcing floodplain ordinance standards prior to annexation of any
area containing identified flood hazards. If the FIRM for any annexed area includes
special flood hazard areas that have flood zones that have regulatory requirements
that are not set forth in these regulations, the city shall prepare amendments to these
regulations to adopt the FIRM and appropriate requirements, and submit the
amendments to the city council for adoption; such adoption shall take place at the
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§4.15 Floodplain Regulations Chapter 110. Article 4. Site Development Standards
§4.15.4 Administration
Adopted 7/12/2016 Zoning Ordinance
4-62 City of Fairfax, Virginia
same time as or prior to the date of annexation and a copy of the amended regulations
shall be provided to the DCR Division of Dam Safety and Floodplain Management and
FEMA.
2. In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22
(a) (9) (v) all NFIP participating communities must notify the Federal Emergency
Management Agency and optionally the State Coordinating Office (Virginia Department
of Conservation and Recreation – Division of Dam Safety and Floodplain Management)
in writing whenever the boundaries of the community have been modified by
annexation or the community has otherwise assumed or no longer has authority to
adopt and enforce floodplain management regulations for a particular area.
3. In order that all FIRMs accurately represent the city’s boundaries, a copy of a map of
the city suitable for reproduction, clearly delineating the new corporate limits or new
area for which the community has assumed or relinquished floodplain management
regulatory authority must be included with the notification.
E. District boundary changes
The city council may modify the boundaries of the floodplain in accordance with the
procedures established for zoning map amendments contained in §6.4. Any such
modification shall be based upon hydrologic and hydraulic analyses performed by an
engineer who shall certify that the technical methods used correctly reflect accepted
engineering design methods. Prior to any such modification, approval shall be obtained from
FEMA.
F. Interpretation of district boundaries
The zoning administrator shall be responsible for the interpretation of floodplain boundaries
and may approve minor refinements after consulting with the city engineer to more
accurately determine the true location of such boundaries. Such approval shall be based on
hydrologic and hydraulic analyses performed by an engineer, who shall certify that the
technical methods used correctly reflect accepted engineering design methods. The
determination of the floodplain boundary by the zoning administrator may be appealed by
an aggrieved party to the board of zoning appeals pursuant to §6.21.
G. Submitting technical data
The city’s base flood elevations may increase or decrease resulting from physical changes
affecting flooding conditions. As soon as practicable, but not later than six months after the
date such information becomes available, the city shall notify FEMA of the changes by
submitting technical or scientific data. Such a submission is necessary so that upon
confirmation of those physical changes affecting flooding conditions, risk premium rates and
flood plain management requirements will be based upon current data.
H. Letters of map revision
When development in the floodplain causes a change in the base flood elevation, the
applicant, including state agencies, must notify FEMA by applying for a conditional letter of
map revision prior to construction, and a letter of map revision after construction. For
example:
1. Any development that causes a rise in the base flood elevations within the floodway.
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Chapter 110. Article 4. Site Development Standards §4.15 Floodplain Regulations
§4.15.5 Alteration or relocation of a stream
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-63
2. Any development occurring in Zones A1-30 and AE without a designated floodway,
which will cause a rise of more than one foot in the base flood elevation.
§4.15.5. Alteration or relocation of a stream
Alteration or relocation of a stream, including but not limited to installing culverts and bridges. [44
CFR 65.3 and 65.6(a)(12)]
§4.15.6. Establishment of special flood hazard districts
A. Description of special flood hazard districts
The various special flood hazard districts shall include the special flood hazard areas. The
basis for the delineation of these districts shall be the flood insurance study and the FIRM for
the city prepared by FEMA, dated June 2, 2006, and any subsequent revisions or
amendments thereto. The city may identify and regulate local flood hazard or ponding areas
that are not delineated on the FIRM. These areas may be delineated on a local flood hazard
map using best available topographic data and locally derived information such as flood of
record, historic high water marks or approximate study methodologies. The boundaries of
the special flood hazard areas are established as shown on the FIRM which is declared to be a
part of these regulations and which shall be kept on file at the city.
1. The floodway district is in an AE Zone and is delineated, for purposes of These
regulations, using the criterion that certain areas within the floodplain must be capable
of carrying the waters of the one percent annual chance flood without increasing the
water surface elevation of that flood more than one foot at any point. The following
provisions shall apply within the floodway district of an AE Zone [44 CFR 60.3(d)]:
(a) Within any floodway, no encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted unless it has
been demonstrated through hydrologic and hydraulic analysis performed in
accordance with standard engineering practice that the proposed encroachment
will not result in any increase in flood levels within the community during the
occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used correctly reflect
currently-accepted technical concepts. Studies, analyses, computations, etc., shall
be submitted in sufficient detail to allow a thorough review by the floodplain
administrator.
(b) Development activities which increase the water surface elevation of the base
flood may be allowed, provided that the applicant first applies – with the city’s
endorsement – for a conditional letter of map revision (CLOMR), and receives the
approval of FEMA.
(c) If §4.15.6.A.1(a) is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of §4.15.7,
§4.15.8, §4.15.9, §4.15.10, and §4.15.11.
B. The AE, or AH Zones on the FIRM accompanying the Flood Insurance Study shall be those
areas for which one-percent annual chance flood elevations have been provided and the
floodway has not been delineated. The following provisions shall apply within an AE or AH
Zone [44 CFR 60.3(c)]:
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§4.15 Floodplain Regulations Chapter 110. Article 4. Site Development Standards
§4.15.6 Establishment of special flood hazard districts
Adopted 7/12/2016 Zoning Ordinance
4-64 City of Fairfax, Virginia
1. Until a regulatory floodway is designated, no new construction, substantial
improvements, or other development (including fill) shall be permitted within the areas
of special flood hazard, designated as Zones A1-30 and AE or AH on the FIRM, unless it
is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the
water surface elevation of the base flood more than one foot at any point within the
city.
2. Development activities in Zones Al-30 and AE or AH, on the city FIRM which increase
the water surface elevation of the base flood by more than one foot may be allowed,
provided that the applicant first applies – with the city’s endorsement – for a
conditional letter of map revision, and receives the approval of FEMA
C. The A Zone on the FIRM accompanying the Flood Insurance Study shall be those areas for
which no detailed flood profiles or elevations are provided, but the one percent annual
chance floodplain boundary has been approximated. For these areas, the following
provisions shall apply [44 CFR 60.3(b)]:
1. The approximated floodplain district shall be that floodplain area for which no detailed
flood profiles or elevations are provided, but where a 100-year floodplain boundary has
been approximated. Such areas are shown as Zone A on the maps accompanying the
Flood Insurance Study. For these areas, the base flood elevations and floodway
information from federal, state, and other acceptable sources shall be used, when
available. Where the specific one percent annual chance flood elevation cannot be
determined for this area using other sources of data, such as the USACE Floodplain
Information Reports, U. S. Geological Survey Flood-Prone Quadrangles, etc., then the
applicant for the proposed use, development and/or activity shall determine this base
flood elevation. For development proposed in the approximate floodplain the applicant
must use technical methods that correctly reflect currently accepted non-detailed
technical concepts, such as point on boundary, high water marks, or detailed
methodologies hydrologic and hydraulic analyses. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain
administrator.
2. The floodplain administrator reserves the right to require a hydrologic and hydraulic
analysis for any development. When such base flood elevation data is utilized, the
lowest floor shall be elevated at least 18 inches above the base flood level.
3. During the permitting process, the floodplain administrator shall obtain:
(a) The elevation of the lowest floor (including the basement) of all new and
substantially improved structures; and,
(b) If the structure has been floodproofed in accordance with the requirements of
this article, the elevation (in relation to mean sea level) to which the structure has
been floodproofed.
4. The AO Zone on the FIRM accompanying the Flood Insurance Study shall be those areas
of shallow flooding identified as AO on the FIRM. For these areas, the following
provisions shall apply [44 CFR 60.3(c).
(a) All new construction and substantial improvements of residential structures shall
have the lowest floor, including basement, elevated above the highest adjacent
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Chapter 110. Article 4. Site Development Standards §4.15 Floodplain Regulations
§4.15.7 Permit and application requirements
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-65
grade at least as high as the depth number specified in feet on the FIRM plus 18
inches. If no flood depth number is specified, the lowest floor, including
basement, shall be elevated no less than three and one-half feet above the
highest adjacent grade.
(b) All new construction and substantial improvements of nonresidential structures
shall:
(1) Have the lowest floor, including basement, elevated above the highest
adjacent grade at least as high as the depth number specified in feet on the
FIRM plus 18 inches. If no flood depth number is specified, the lowest floor,
including basement, shall be elevated at least three and one-half feet above
the highest adjacent grade; or,
(2) Together with attendant utility and sanitary facilities be completely
floodproofed to the specified flood level so that any space below that level
is watertight with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
(c) Adequate drainage paths around structures on slopes shall be provided to guide
floodwaters around and away from proposed structures.
D. Overlay Concept
The floodplain districts described above shall be overlays to the existing underlying districts
as shown on the city’s zoning map, and as such, the provisions for the floodplain districts
shall serve as a supplement to the underlying district provisions.
1. If there is any conflict between the provisions or requirements of the floodplain
districts and those of any underlying district, the more restrictive provisions and/or
those pertaining to the floodplain districts shall apply.
2. In the event any provision concerning a floodplain district is declared inapplicable as a
result of any legislative or administrative actions or judicial decision, the basic
underlying provisions shall remain applicable.
§4.15.7. Permit and application requirements
A. Permit requirement
All uses, activities, and development occurring within any floodplain district shall be
undertaken only upon the issuance of a zoning permit. Such development shall be
undertaken only in strict compliance with the provisions of these regulations and with all
other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide
Building Code (USBC) and the city’s subdivision ordinance and regulations appertaining
thereto. Prior to the issuance of any such permit, the floodplain administrator shall require
all applications to include compliance with all applicable state and federal laws and shall
review all sites to assure they are reasonably safe from flooding. Under no circumstances
shall any use, activity, and/or development adversely affect the capacity of the channels or
floodways of any watercourse, drainage ditch, or any other drainage facility or system. A
floodplain permit shall be issued by the zoning administrator after an application has been
submitted along with any documentation required by the zoning administrator and a fee in
accordance with §6.2.4.
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§4.15 Floodplain Regulations Chapter 110. Article 4. Site Development Standards
§4.15.7 Permit and application requirements
Adopted 7/12/2016 Zoning Ordinance
4-66 City of Fairfax, Virginia
B. Site plans and permit applications
All applications for development within any floodplain district and all building permits issued
for the floodplain shall incorporate the following information:
1. The elevation of the base flood at the site.
2. The elevation of the lowest floor (including basement).
3. For structures to be floodproofed (nonresidential only), the elevation to which the
structure will be floodproofed.
4. Topographic information showing existing and proposed ground elevations.
C. Allowed uses
The following uses shall be permitted within the floodplain by right or with a special use
permit, as specified; provided, that such uses are permitted in the zoning district within
which they are located, the review criteria contained in §4.15.7 are met, and a floodplain
permit is obtained as specified in §4.15.4.C.
1. Permitted uses
(a) Utilities and public facilities and improvements such as streets, channel
improvements, bridges, utility pipes, utility transmission lines and stormwater
management facilities shall be permitted.
(b) The following uses and improvements shall be permitted, provided that the
development or use is otherwise permitted in this chapter and that the area of
impervious surface shall not exceed 2,500 square feet and such uses or
improvements shall not contain areas of fill in excess of 12 inches in depth:
(1) Agricultural uses such as farming, gardening, grazing and similar uses.
(2) Outdoor recreational uses such as parks, trails, picnic grounds, athletic
fields, play grounds, golf courses, tennis courts and archery ranges.
2. Special uses
The following uses and improvements shall be permitted with a special use permit
issued by the city council in accordance with the provisions of §6.7, provided that such
use is permitted in the zoning district in which the proposed use or improvement is
located:
(a) Area specified
The uses permitted and specified in §4.15.7.C.1 where the area of impervious
surface will exceed 2,500 square feet or such uses or improvements will contain
areas of fill in excess of 12 inches in depth.
(b) Redevelopment of property
(1) For the purposes of §4.15, redevelopment shall be any reconstruction,
conversion, structural alteration, relocation or enlargement of any structure
or any extension of the use of the land. No redevelopment shall be
permitted in any floodplain until the developer submits to the zoning
administrator a study performed by an engineer, which addresses the
review criteria contained in §4.15.8.
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Chapter 110. Article 4. Site Development Standards §4.15 Floodplain Regulations
§4.15.8 Approval criteria
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-67
(2) Redevelopment shall only be permitted if construction techniques are
employed which floodproof each structure located within the floodplain in
accordance with the NFIP, USBC floodproofing standards and all other
applicable requirements. Within Zone AO the underside of the lowest floor
(including basement) of any structure shall be a minimum of three and one-
half feet above the highest adjacent grade. In addition, the underside of the
lowest floor (including basement) of any structure shall be a minimum of 18
inches above the floodplain elevation.
§4.15.8. Approval criteria
A. Permitted uses, activities or developments (including redevelopments) within the floodplain
shall be permitted only when all available alternative locations not within the floodplain have
been properly considered and it is not possible to accommodate reasonable development
outside the floodplain boundaries. Each application for a floodplain permit, together with
required supporting documentation, shall clearly demonstrate that the proposed use, activity
or development:
1. Shall minimize grading to the maximum possible extent.
2. Shall minimize the amount of impervious surface to the maximum possible extent
through site design, the use of porous construction materials, grid or modular
pavement, and other reasonable methods.
3. Shall minimize the loss of natural vegetation and natural stormwater characteristics.
4. Shall minimize the susceptibility of structures and their contents to flood damage.
5. Shall not negatively affect water quality.
6. Shall not increase the intensity or extent of flooding of lands above or below the
property or jeopardize property or human life.
7. Shall not adversely affect the capacity of the floodplain channel or increase erosion
within or adjacent to the floodplain. Prior to any proposed alteration or relocation of
any channels or of any watercourse, stream, etc., within the city all applicable permits
shall be obtained from the USACE, the VADEQ, and the Virginia Marine Resources
Commission. Furthermore, notification of the proposal shall be given by the applicant
to all affected adjacent jurisdictions, the DCR, and the Federal Insurance
Administration.
8. Shall minimize negative impacts upon wildlife habitat.
9. Shall have its design incorporate base (100-year) flood elevation data for any proposed
new activity or development greater than 50 lots or five acres, whichever is the lesser,
if located within Zone A. In addition, the best available floodway information from
federal, state, or other sources acceptable to the zoning administrator shall be used.
10. Shall not result in more than a one-foot increase in the base (100-year) flood elevation.
This shall include the cumulative effect of the proposed use, activity, or development
when combined with all other existing and anticipated uses, activities, or development.
11. Shall not negatively affect drainage.
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§4.15 Floodplain Regulations Chapter 110. Article 4. Site Development Standards
§4.15.9 General standards
Adopted 7/12/2016 Zoning Ordinance
4-68 City of Fairfax, Virginia
§4.15.9. General standards
A. New construction and substantial improvements shall be according to the Virginia USBC, and
anchored to prevent flotation, collapse or lateral movement of the structure.
B. New construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
C. New construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage.
D. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service
facilities, including duct work, shall be designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
E. New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
F. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into
floodwaters.
G. On-site waste disposal systems shall be located and constructed to avoid impairment to them
or contamination from them during flooding.
§4.15.10. Elevation and construction standards
In all identified flood hazard areas where base flood elevations have been provided in the Flood
Insurance Study or generated by a certified professional in accordance with §4.15.6.C, the
following provisions shall apply:
A. Residential Construction
New construction or substantial improvement of any residential structure in Zones A1-30, AE,
AH and A with detailed base flood elevations shall have the lowest floor, including basement,
elevated at least 18 inches above the base flood level.
B. Non-Residential Construction
New construction or substantial improvement of any commercial, industrial, or
nonresidential building shall have the lowest floor, including basement, elevated at least 18
inches above the base flood level. Buildings located in all A1-30, AE, and AH Zones may be
floodproofed in lieu of being elevated provided that all areas of the building components
below the elevation corresponding to the base flood elevation plus one foot are water tight
with walls substantially impermeable to the passage of water, and use structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered professional engineer or architect shall certify that the standards of
this §4.15.10 are satisfied. Such certification, including the specific elevation (in relation to
mean sea level) to which such structures are floodproofed, shall be maintained by the zoning
administrator).
C. Space Below the Lowest Floor
In Zones A, AE, AH, AO, and A1-A30, fully enclosed areas, of new construction or substantially
improved structures, which are below the regulatory flood protection elevation shall:
1. Not be designed or used for human habitation, but shall only be used for parking of
vehicles, building access, or limited storage of maintenance equipment used in
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Chapter 110. Article 4. Site Development Standards §4.15 Floodplain Regulations
§4.15.11 Subdivision standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-69
connection with the premises. Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door) or limited storage of
maintenance equipment (standard exterior door), or entry to the living area (stairway
or elevator).
2. Be constructed entirely of flood resistant materials below the regulatory flood
protection elevation;
3. Include measures to automatically equalize hydrostatic flood forces on walls by
allowing for the entry and exit of floodwaters. To meet this requirement, the openings
must either be certified by a professional engineer or architect or meet the following
minimum design criteria:
(a) Provide a minimum of two openings on different sides of each enclosed area
subject to flooding.
(b) The total net area of all openings must be at least one square inch for each square
foot of enclosed area subject to flooding.
(c) If a building has more than one enclosed area, each area must have openings to
allow floodwaters to automatically enter and exit.
(d) The bottom of all required openings shall be no higher than one foot above the
adjacent grade.
(e) Openings may be equipped with screens, louvers, or other opening coverings or
devices, provided they permit the automatic flow of floodwaters in both
directions.
(f) Foundation enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and
requires openings as outlined above.
D. Manufactured homes
All manufactured homes shall be prohibited within the city. No special exceptions or
variances will be granted.
E. Recreational vehicles
All recreational vehicles shall be prohibited within any special flood hazard area. No special
exceptions or variances will be granted.
§4.15.11. Subdivision standards
A. All subdivisions shall minimize flood damage;
B. All subdivisions proposals shall have public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize flood damage;
C. All subdivisions shall have adequate drainage provided to reduce exposure to flood hazards,
and
D. Base flood elevation data shall be obtained from other sources or developed using detailed
methodologies, hydraulic and hydrologic analysis, comparable to those contained in a Flood
RETURN TO TABLE OF CONTENTS
§4.15 Floodplain Regulations Chapter 110. Article 4. Site Development Standards
§4.15.12 Existing structures in floodplain areas
Adopted 7/12/2016 Zoning Ordinance
4-70 City of Fairfax, Virginia
Insurance Study for subdivision proposals and other proposed development proposals
(including subdivisions) that exceed 50 lots or five acres, whichever is the lesser.
§4.15.12. Existing structures in floodplain areas
A structure or use of a structure or premises which lawfully existed before the enactment of these
provisions, but which is not in conformity with these provisions, may be continued subject to the
following conditions:
A. Existing structures in the floodway shall not be expanded or enlarged unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with
standard engineering practices that the proposed expansion would not result in any increase
in the base flood elevation.
B. Any modification, alteration, repair, reconstruction, or improvement of any kind to a
structure and/or use located in any floodplain areas to an extent or amount of less than 50
percent of its market value shall conform to the Virginia USBC and the appropriate provisions
of these regulations.
C. The modification, alteration, repair, reconstruction, or improvement of any kind to a
structure and/or use, regardless of its location in a floodplain area to an extent or amount of
50 percent or more of its market value shall be undertaken only in full compliance with these
regulations and shall require the entire structure to conform to the Virginia USBC.
§4.15.13. Special exceptions
A. The board of zoning appeals may, by special exception, permit within the floodplain
additional uses where such uses are not permitted uses specified in §4.15.6, provided that:
1. Such additional use is permitted in the underlying zoning district;
2. Special exceptions shall be granted only in accordance with the procedures and
limitations established for special use permits in §6.7; and
3. The special exception granted represents the minimum variation necessary to afford
relief.
B. In reviewing a special exception request, the board of zoning appeals shall consider the
following additional factors:
1. The danger to life and property due to increased flood heights or velocities caused by
encroachments. No special exception shall be granted for any proposed use,
development, or activity within any floodway that would cause any increase in the 100-
year flood elevation.
2. The compatibility of the proposed use with existing development and nearby
development anticipated in the foreseeable future.
3. The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area.
4. For historic structures, a determination that the exception is the minimum necessary to
preserve the historic character and design of the structure and would not preclude the
structures continued designation as a historic structure.
5. The danger that materials may be swept on to other lands or downstream to the injury
of others.
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Chapter 110. Article 4. Site Development Standards §4.15 Floodplain Regulations
§4.15.14 Variances
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-71
6. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
7. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owners.
8. The importance of the services provided by the proposed facility to the community.
9. The requirements of the facility for a waterfront location.
10. The availability of alternative locations not subject to flooding for the proposed use.
11. The safety of access by ordinary and emergency vehicles to the property in time of
flood.
12. The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site.
C. A special exception shall be granted only after the board of zoning appeals has determined
that the granting of such would not (i) result in unacceptable or prohibited increases in flood
heights, (ii) pose additional threats to public safety, (iii) require extraordinary public expense,
(iv) create any nuisances, (v) cause fraud or victimization of the public, and (vi) conflict with
local laws or ordinances. Special exceptions shall be granted only after the board of zoning
appeals has determined that a special exception would be the minimum required to provide
relief from any hardship to the applicant.
D. The board of zoning appeals shall notify, in writing, the applicant for a special exception
request that the issuance of a special exception to construct a structure below the 100-year
flood elevation (i) increases the risks to life and property and (ii) may result in increased
premium rates for flood insurance.
E. A record shall be maintained of the above notification as well as all special exception actions,
including justification for the issuance of the special exceptions. The annual or biennial report
submitted to the FEMA shall note any special exceptions, which are issued during the period
covered by the report.
F. A special exception shall meet the elevation and construction standards established in
§4.15.10.
§4.15.14. Variances
A. Applications for a variance, pursuant to the requirements of §6.18, will be subject to the
same considerations as a special exception, as set forth in §4.15.13.
B. The board of zoning appeals shall notify, in writing, the applicant for a variance request that
the issuance of a variance to construct a structure below the 100-year flood elevation (i)
increases the risks to life and property and (ii) may result in increased premium rates for
flood insurance.
§4.15.15. Definitions
For the purposes of 4.15, the following words and phrases shall have the meanings respectively
ascribed to them by 4.15 unless the context clearly indicates otherwise:
100-YEAR FLOODPLAIN: The Federal Emergency Management Agency designated one percent annual
chance water surface elevation. For the purposes of this ordinance, the 100-year flood is the base
flood.
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§4.15 Floodplain Regulations Chapter 110. Article 4. Site Development Standards
§4.15.15 Definitions
Adopted 7/12/2016 Zoning Ordinance
4-72 City of Fairfax, Virginia
A, A1-30, AND AE ZONES: Areas subject to inundation by the 1-percent-annual-chance flood event
determined by detailed methods. Base flood elevations are shown. Mandatory flood insurance
purchase requirements and floodplain management standards apply.
AH ZONE: Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually areas of
ponding) where average depths are between one and three feet. Base flood elevations derived
from detailed hydraulic analyses are shown in this zone. Mandatory flood insurance purchase
requirements and floodplain management standards apply.
AO ZONE: Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually sheet flow
on sloping terrain) where average depths are between one and three feet. Average flood depths
derived from detailed hydraulic analyses are shown in this zone. Mandatory flood insurance
purchase requirements and floodplain management standards apply. Some AO Zones have been
designated in areas with high flood velocities such as alluvial fans and washes. Communities are
encouraged to adopt more restrictive requirements for these areas.
APPROXIMATED FLOODPLAIN DISTRICT: The floodplain area for which no detailed flood profiles or
elevations are provided, but where a 100-year floodplain boundary has been approximated.
BASE FLOOD: The flood having a one percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE): The FEMA designated one percent annual chance water surface
elevation and the elevation determined per §4.15.10. The water surface elevation of the base
flood in relation to the datum specified on the city’s FIRM. For the purposes of these regulations,
the base flood is the 100-year flood or 1 percent annual chance flood.
BASEMENT: Any area of the building having its floor sub-grade (below ground level) on all sides.
CONDITIONAL LETTER OF MAP REVISION (CLOMR): A formal review and comment as to whether a
proposed flood protection project or other project complies with the minimum NFIP requirements
for such projects with respect to delineation of special flood hazard areas. A CLOMR does not
revise the effective Flood Insurance Rate Map or Flood Insurance Study.
DCR: Virginia Department of Conservation and Recreation.
DEVELOPMENT: Any man-made change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations or storage of equipment or materials.
ELEVATION CERTIFICATE: An administrative tool of the National Flood Insurance Program which is to be
used to provide elevation information necessary to ensure compliance with to community
floodplain management ordinances, to determine the proper insurance premium rate, or support
a request for a Letter of Map Amendment.
ENCROACHMENT: The advance or infringement of uses, plant growth, fill, excavation, buildings,
permanent structures or development into a floodplain, which may impede or alter the flow
capacity of a floodplain.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The federal agency under which the NFIP is
administered. In March 2003, FEMA became part of the newly created U.S. Department of
Homeland Security.
FLOOD OR FLOODING: A general or temporary condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or
runoff of surface waters from any source. Mudflows which are proximately caused by such
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Chapter 110. Article 4. Site Development Standards §4.15 Floodplain Regulations
§4.15.15 Definitions
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-73
accumulation or runoff of surface waters and are akin to a river of liquid and flowing mud on the
surfaces of normally dry land areas, as when earth is carried by a current of water and deposited
along the path of the current. The collapse or subsidence of land along the shore of a lake or other
body of water as a result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm, or by an unanticipated force of nature
such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in the overflow of inland or tidal waters. .
FLOOD INSURANCE RATE MAP (FIRM): an official map of a community, on which FEMA has delineated
both the special hazard areas and the risk premium zones applicable to the community. A FIRM
that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
FLOOD INSURANCE STUDY (FIS): A report by FEMA that examines, evaluates and determines flood
hazards and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of mudflow and/or flood-related erosion hazards.
FLOODPLAIN AREA: Any land area susceptible to being inundated by water from any source.
FLOODPLAIN DISTRICT: District designated as a special flood hazard area.
FLOODPLAIN ADMINISTRATOR: the individual appointed to administer and implement these regulations.
The zoning administrator has been appointed as the floodplain administrator.
FLOODPROOFING: any combination of structural and non-structural additions, changes, or adjustments
to structures which reduce or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
FLOODWAY DISTRICT: The area within an AE Zone that is delineated, for purposes of this ordinance,
using the criterion that certain areas within the floodplain must be capable of carrying the waters
of the one percent annual chance flood without increasing the water surface elevation of that
flood more than one foot at any point. See §4.15.6.A.
HIGHEST ADJACENT GRADE: the highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
HISTORIC STRUCTURE: Any structure that is: (a) listed individually in the National Register of Historic
Places (a listing maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the National
Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district; (c) individually listed on a state
inventory of historic places in states with historic preservation programs which have been
approved by the Secretary of the Interior; or, (c) individually listed on a local inventory of historic
places in communities with historic preservation programs that have been certified either; (d) by
an approved state program as determined by the Secretary of the Interior; or (e) directly by the
Secretary of the Interior in states without approved programs.
LETTER OF FINAL DETERMINATION (LFD): A letter FEMA sends to the chief executive officer of a
community stating that a new or updated FIRM or DFIRM will become effective in six months.
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§4.15 Floodplain Regulations Chapter 110. Article 4. Site Development Standards
§4.15.15 Definitions
Adopted 7/12/2016 Zoning Ordinance
4-74 City of Fairfax, Virginia
LETTER OF MAP CHANGE (LOMC): A letter of map change is an official FEMA determination, by letter,
that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of
map change include:
LETTER OF MAP AMENDMENT (LOMA): An amendment based on technical data showing that a property
was incorrectly included in a designated special flood hazard area. A LOMA amends the current
effective Flood Insurance Rate Map and establishes that land as defined by meets and bounds or
structure is not located in a special flood hazard area.
LETTER OF MAP REVISION (LOMR): A revision based on technical data that may show changes to flood
zones, flood elevations, floodplain and floodway delineations, and planimetric features. A letter of
map revision based on fill (LOMR-F), is a determination that a structure or parcel of land has been
elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding
associated with the base flood. In order to qualify for this determination, the fill must have been
permitted and placed in accordance with the community’s floodplain management regulations.
LOCAL FLOOD HAZARD MAP – A map created by the city of Fairfax to identify and regulate local flood
hazard or ponding areas that are not delineated on the Flood Insurance Rate Map.
LOWEST ADJACENT GRADE: the lowest natural elevation of the ground surface next to the walls of it
structure.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or
flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an
area other than a basement area is not considered a building’s lowest floor; provided, that such
enclosure is not built so as to render the structure in violation of the applicable non-elevation
design requirements of 44 CFR 60.3.
MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management purposes the term “manufactured
home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for
greater than 180 consecutive days, but does not include a recreational vehicle.
NEW CONSTRUCTION: For the purposes of determining insurance rates, structures for which the “start
of construction” commenced on or after December 23, 1971, or after December 31, 1974,
whichever is later, and includes any subsequent improvements to such structures. For floodplain
management purposes, new construction means structures for which the start of construction
commenced on or after the effective date of a floodplain management regulation adopted by a
community and includes any subsequent improvements to such structures.
POST-FIRM STRUCTURES: A structure for which construction or substantial improvement occurred after
December 31, 1974 or on or after December 23, 1971, whichever is later.
PRE-FIRM STRUCTURES: A structure for which construction or substantial improvement occurred on or
before December 31, 1974 or before December 23, 1971.
RECREATIONAL VEHICLE: A vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when
measured at the largest horizontal projection; (c) designed to be self-propelled or permanently
towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but
as temporary living quarters for recreational camping, travel, or seasonal use.
REGULATORY FLOOD PROTECTION ELEVATION: See “base flood elevation”.
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Chapter 110. Article 4. Site Development Standards §4.15 Floodplain Regulations
§4.15.15 Definitions
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-75
SHALLOW FLOODING AREA: A special flood hazard area with base flood depths from one to three feet
where a clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
SPECIAL FLOOD HAZARD AREA: The land in the floodplain subject to a one percent or greater chance of
being flooded in any given year as determined in §4.15.6.
START OF CONSTRUCTION: The date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement
or other improvement was within 180 days of the permit date. The actual start means either the
first placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of the construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
STRUCTURE: A walled and roofed building, including a gas or liquid storage tank that is principally above
ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market value
of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure
before the start of construction of the improvement. This term includes structures that have
incurred substantial damage regardless of the actual repair work performed. The term does not,
however, include either: (a) any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum necessary to assure
safe living conditions, or (b) any alteration of a historic structure, provided that the alteration will
not preclude the structure’s continued designation as a historic structure. Historic structures
undergoing repair or rehabilitation that would constitute a substantial improvement as defined
above, must comply with all ordinance requirements that do not preclude the structure’s
continued designation as a historic structure. Documentation that a specific ordinance
requirement will cause removal of the structure from the National Register of Historic Places or
the State Inventory of Historic places must be obtained from the Secretary of the Interior or the
State Historic Preservation Officer. Any exemption from ordinance requirements will be the
minimum necessary to preserve the historic character and design of the structure.
USACE: United States Army Corps of Engineers.
USBC: Virginia Uniform Statewide Building Code.
VADEQ: Virginia Department of Environmental Quality.
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§4.16 Storm Drainage Facilities Chapter 110. Article 4. Site Development Standards
§4.16.1 Purpose
Adopted 7/12/2016 Zoning Ordinance
4-76 City of Fairfax, Virginia
VIOLATION: the failure of a structure or other development to be fully compliant with the community's
floodplain management regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in these regulations is
presumed to be in violation until such time as that documentation is provided.
WATERCOURSE: A lake, river, creek, stream, wash, channel or other topographic feature on or over
which waters flow at least periodically. Watercourse includes specifically designated areas in
which substantial flood damage may occur.
§4.16. STORM DRAINAGE FACILITIES
§4.16.1. Purpose
A. The purpose of §4.16 to define those storm drainage facilities which must be provided by
landowners 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 §4.16 to minimize the adverse
effects of stormwater runoff on downstream drainageways within the city.
B. Article 2.3 (§62.1-44.15:27) of Chapter 3.1 of Title 62.1 of the Code of Virginia establishes the
requirement for localities to establish a stormwater management program. §4.16 is adopted
pursuant to Chapter 3.1 of Title 62.1 of the Code of Virginia (§62.1-44.15:25 and §62.1-
44.15:28 et seq.).
§4.16.2. Performance standards for facilities
Stormwater BMPs, on-site detention facilities, and on-site drainage facilities shall be designed and
maintained in such a manner as to minimize economic and environmental costs to the city and its
inhabitants in accordance with §4.16.7.
§4.16.3. Performance requirements
Performance requirements for stormwater BMPs, on-site detention facilities, and on-site drainage
facilities shall be as specified in §4.16.8.
§4.16.4. Design, construction, inspection and maintenance requirements
Design, construction, inspection and maintenance requirements shall be as defined in the 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.
§4.16.5. Usage, improvement and preservation of creeks and channels
A. Natural creeks and drainage channels may be used where available to route stormwater
runoff from the city.
B. Natural drainage systems will be improved where necessary in accordance with 9VAC25-870-
66 of the Regulations. 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.
C. Land disturbances within resource protection areas or resource management areas may
require a water quality impact assessment in accordance with §4.18.8.
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Chapter 110. Article 4. Site Development Standards §4.16 Storm Drainage Facilities
§4.16.6 Landowner's duties and responsibilities
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-77
§4.16.6. Landowner's duties and responsibilities
A. Stormwater permit requirement; exemptions
1. Except as provided herein, no person may engage in any land-disturbing activity until a
VSMP authority permit has been issued in accordance with the provisions of §4.16.
2. A Chesapeake Bay Preservation Act Land-Disturbing Activity shall be subject to an
erosion and sediment control plan consistent with the requirements of the Erosion and
Sediment Control Ordinance, a stormwater management plan, as outlined under
§4.16.6.B, the technical criteria and administrative requirements for land-disturbing
activities outlined in §4.16.7, and the requirements for long-term maintenance of
control measures outlined under §4.16.8.K.
3. Notwithstanding any other provisions of §4.16, the following activities are exempt,
unless otherwise required by federal law:
(a) Permitted surface or deep mining operations and projects, or oil and gas
operations and projects conducted under the provisions of Title 45.1;
(b) Clearing of lands specifically for agricultural purposes and the management,
tilling, planting, or harvesting of agricultural, horticultural, or forest crops,
livestock feedlot operations, or as additionally set forth in regulations, including
engineering operations as follows: construction of terraces, terrace outlets, check
dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing,
contour cultivating, contour furrowing, land drainage, and land irrigation;
however, this exception shall not apply to harvesting of forest crops unless the
area on which harvesting occurs is reforested artificially or naturally in accordance
with the provisions of Chapter 11 (§ 10.1-1100 et seq.) or is converted to bona
fide agricultural or improved pasture use as described in subsection B of § 10.1-
1163;
(c) Single-family residences separately built and disturbing less than 2,500 square
feet and not part of a larger common plan of development or sale, including
additions or modifications to existing single-family detached residential
structures;
(d) Land disturbing activities that disturb less than 2,500 square feet of land area, or
activities that are part of a larger common plan of development or sale that is
2,500 square feet or greater of disturbance;
(e) Discharges to a sanitary sewer or a combined sewer system;
(f) Activities under a state or federal reclamation program to return an abandoned
property to an agricultural or open land use;
(g) Routine maintenance that is performed to maintain the original line and grade,
hydraulic capacity, or original construction of the project. The paving of an
existing road with a compacted or impervious surface and re-establishment of
existing associated ditches and shoulders shall be deemed routine maintenance if
performed in accordance with this; and
(h) Conducting land-disturbing activities in response to a public emergency where the
related work requires immediate authorization to avoid imminent endangerment
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§4.16 Storm Drainage Facilities Chapter 110. Article 4. Site Development Standards
§4.16.6 Landowner's duties and responsibilities
Adopted 7/12/2016 Zoning Ordinance
4-78 City of Fairfax, Virginia
to human health or the environment. In such situations, the VSMP administrator
shall be advised of the disturbance within seven days of commencing the land-
disturbing activity and compliance with the administrative requirements of
§4.16.6.B.1(a) is required within 30 days of commencing the land-disturbing
activity.
B. Stormwater management plan; contents of plan
1. The stormwater management plan, required in §4.16.7.D, must adhere to the
performance standards and performance requirements set forth in §4.16.2 and
§4.16.3, respectively, and apply the stormwater management technical criteria set
forth in §4.16.8.C to the entire land-disturbing activity. Individual lots in new
residential, commercial, or industrial developments, including those developed under
subsequent owners, shall not be considered separate land-disturbing activities. The
stormwater management plan shall consider all sources of surface runoff and all
sources of subsurface and groundwater flows converted to surface runoff, and include
the following information:
(a) Information on the type and location of stormwater discharges; information on
the features to which stormwater is being discharged including surface waters or
karst features, if present, and the pre-development and post-development
drainage areas;
(b) Contact information including the name, address, and telephone number of the
owner and the tax reference number and parcel number of the property or
properties affected;
(c) A narrative that includes a description of current site conditions and final site
conditions;
(d) A general description of the proposed stormwater management facilities and the
mechanism through which the facilities will be operated and maintained after
construction is complete;
(e) Information on the proposed stormwater management facilities, including:
(1) The type of facilities;
(2) Location, including geographic coordinates;
(3) Acres treated;
(4) The surface waters or karst features, if present, into which the facility will
discharge;
(5) Hydrologic and hydraulic computations, including runoff characteristics;
(6) Documentation and calculations verifying compliance with the water quality
and quantity requirements of §4.16.8.C;
(7) A map or maps of the site that depicts the topography of the site and
includes:
(i) All contributing drainage areas;
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Chapter 110. Article 4. Site Development Standards §4.16 Storm Drainage Facilities
§4.16.6 Landowner's duties and responsibilities
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-79
(ii) Existing drainage facilities and creeks and channels, including all
streams, ponds, culverts, ditches, wetlands, other water bodies, and
floodplains;
(iii) Soil types, geologic formations if karst features are present in the
area, forest cover, and other vegetative areas;
(iv) Current land use including existing structures, roads, and locations of
known utilities and easements;
(v) Sufficient information on adjoining parcels to assess the impacts of
stormwater from the site on these parcels;
(vi) The limits of clearing and grading, and the proposed drainage patterns
on the site;
(vii) Proposed buildings, roads, parking lots, utilities, and stormwater
management facilities; and
(viii) Proposed land use with tabulation of the percentage of surface area
to be adapted to various uses, including but not limited to planned
locations of utilities, roads, and easements.
2. If an operator intends to meet the water quality and/or quantity requirements set
forth in §4.16.8.C through the use of off-site compliance options, where applicable,
then a letter of availability from the off-site provider must be included. Approved off-
site options must achieve the necessary nutrient reductions prior to the
commencement of the applicant's land-disturbing activity except as otherwise allowed
by § 62.1-44.15:35, Code of Virginia .
3. Elements of the stormwater management plans that include activities regulated under
Chapter 4 (§54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately
sealed and signed by a professional registered in the state pursuant to Article 1 (§ 54.1-
400 et seq.) of Chapter 4 of Title 54.1, Code of Virginia.
4. A construction record drawing for permanent stormwater management facilities shall
be submitted to the VSMP administrator. The construction record drawing shall be
appropriately sealed and signed by a professional registered in the state, certifying that
the stormwater management facilities have been constructed in accordance with the
approved plan.
C. Stormwater pollution prevention plan; contents of plan
1. The Stormwater Pollution Prevention Plan (SWPPP) shall include the content specified
by Section 9VAC25-870-54 and must also comply with the requirements and general
information set forth in Section 9VAC25-880-70, Section II [stormwater pollution
prevention plan] of the general permit.
2. The SWPPP shall be amended by the operator whenever there is a change in design,
construction, operation, or maintenance that has a significant effect on the discharge
of pollutants to state waters which is not addressed by the existing SWPPP.
3. The SWPPP must be maintained by the operator at a central location on site. If an on
site location is unavailable, notice of the SWPPP's location must be posted near the
main entrance at the construction site. Operators shall make the SWPPP available for
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§4.16 Storm Drainage Facilities Chapter 110. Article 4. Site Development Standards
§4.16.7 City responsibilities
Adopted 7/12/2016 Zoning Ordinance
4-80 City of Fairfax, Virginia
public review in accordance with Section II of the general permit, either electronically
or in hard copy.
D. Pollution prevention plan; contents of plan
1. A pollution prevention plan, as required by 9VAC25-870-56, shall be developed,
implemented, and updated as necessary and must detail the design,
installation, implementation, and maintenance of effective pollution prevention
measures to minimize the discharge of pollutants. At a minimum, such measures must
be designed, installed, implemented, and maintained to:
(a) Minimize the discharge of pollutants from equipment and vehicle washing, wheel
wash water, and other wash waters. Wash waters must be treated in a sediment
basin or alternative control that provides equivalent or better treatment prior to
discharge;
(b) Minimize the exposure of building materials, building products, construction
wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents,
sanitary waste, and other materials present on the site to precipitation and to
stormwater; and
(c) Minimize the discharge of pollutants from spills and leaks and implement
chemical spill and leak prevention and response procedures.
2. The pollution prevention plan shall include effective best management
practices to prohibit the following discharges:
(a) Wastewater from washout of concrete, unless managed by an appropriate
control;
(b) Wastewater from washout and cleanout of stucco, paint, form release oils, curing
compounds, and other construction materials;
(c) Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance; and
(d) Soaps or solvents used in vehicle and equipment washing.
3. Discharges from dewatering activities, including discharges from dewatering of
trenches and excavations, are prohibited unless managed by appropriate controls.
E. Maintenance of facilities
Maintenance provisions shall be set forth in an instrument recorded in the local land records
and facilities shall be maintained by the landowner in accordance with §4.16.8.K.
§4.16.7. City responsibilities
A. City-owned drainage system
The city shall maintain and control natural drainage systems and other facilities constructed
by or dedicated to the city. In no event will the city be financially responsible for
maintenance of private systems.
B. City-owned drainage system development impacted
The city shall specify, design and construct off-site improvements to the storm drainage
system when such improvements are made necessary by changes in land use and when
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Chapter 110. Article 4. Site Development Standards §4.16 Storm Drainage Facilities
§4.16.7 City responsibilities
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-81
additional runoff caused by such changed land use cannot be adequately accommodated by
facilities designed in accordance with the technical criteria specified in §4.16.8.C. Inadequacy
must be sufficiently demonstrated through a request for exception, as specified in 9VAC25-
870-57 and in accordance with 9VAC25-870-122. Further, such off-site improvements are to
be paid for by those landowners whose land alteration made the improvements necessary.
C. Stormwater management program established; submission and approval of plans;
prohibitions
1. Pursuant to §62.1-44.15:27 of the Code of Virginia, The city of Fairfax hereby
establishes a Virginia stormwater management program for land-disturbing activities
and adopts the applicable regulations that specify standards and specifications for
VSMPs promulgated by the State Board for the purposes of §4.16.1. The city of Fairfax
hereby designates the Department of Public Works as the VSMP administrator of the
Virginia stormwater management program.
2. No VSMP authority permit shall be issued by the VSMP administrator until the
following items have been submitted to and approved by the VSMP administrator as
prescribed herein:
(a) A permit application that includes a general permit registration statement, except
for the construction of a single-family detached residential structure within or
outside a common plan of development or sale, where no registration statement
is required;
(b) An erosion and sediment control plan approved in accordance with §4.17; and
(c) A stormwater management plan that meets the requirements of §4.16.6.B.
3. No VSMP authority permit shall be issued until evidence of general permit coverage is
obtained.
4. No VSMP authority permit shall be issued until the fees required to be paid pursuant to
§4.16.7.G, are received, and a reasonable performance bond required pursuant to
§4.16.7.H has been submitted.
5. No VSMP authority permit shall be issued unless and until the permit application and
attendant materials and supporting documentation demonstrate that all land clearing,
construction, disturbance, land development and drainage will be done according to
the approved permit.
6. No grading, building or other local permit shall be issued for a property unless a VSMP
authority permit has been issued by the VSMP administrator.
D. Review of stormwater management plan
1. The VSMP administrator shall review stormwater management plans and shall approve
or disapprove a stormwater management plan according to the following:
(a) The VSMP administrator shall determine the completeness of a plan in accordance
with §4.16.6.B, and shall notify the applicant, in writing, of such determination,
within 15 calendar days of receipt. If the plan is deemed to be incomplete, the
above written notification shall contain the reasons the plan is deemed
incomplete.
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§4.16 Storm Drainage Facilities Chapter 110. Article 4. Site Development Standards
§4.16.7 City responsibilities
Adopted 7/12/2016 Zoning Ordinance
4-82 City of Fairfax, Virginia
(b) The VSMP administrator shall have an additional 60 calendar days from the date
of the communication of completeness to review the plan, except that if a
determination of completeness is not made within the time prescribed in
subsection (a), above, then the plan shall be deemed complete and the VSMP
administrator shall have 60 calendar days from the date of submission to review
the plan.
(c) The VSMP administrator shall review any plan that has been previously
disapproved within 45 calendar days of the date of resubmission.
(d) During the review period, the plan shall be approved or disapproved and the
decision communicated in writing to the person responsible for the land-
disturbing activity or his designated agent. If the plan is not approved, the reasons
for not approving the plan shall be provided in writing. Approval or denial shall be
based on the plan's compliance with the requirements of §4.16.
(e) If a plan meeting all requirements of §4.16 is submitted and no action is taken
within the time provided above in §4.16.8 for review, the plan shall be deemed
approved.
2. Approved stormwater plans may be modified as follows:
(a) Modifications to an approved stormwater management plan shall be allowed only
after review and written approval by the VSMP administrator. The VSMP
administrator shall have 60 calendar days to respond in writing either approving
or disapproving such request.
(b) The VSMP administrator may require that an approved stormwater management
plan be amended, within a time prescribed by the VSMP administrator, to address
any deficiencies noted during inspection.
(c) The VSMP administrator shall require the submission of a construction record
drawing for permanent stormwater management facilities. The VSMP
administrator may elect not to require construction record drawings for
stormwater management facilities for which recorded maintenance agreements
are not required pursuant to §4.16.8.K.2.
E. Hearings
1. Any permit applicant or permittee, or person subject to requirements of §4.16
aggrieved by any action of the city of Fairfax taken without a formal hearing, or by
inaction of the city of Fairfax, may demand in writing a formal hearing by the city
council causing such grievance, provided a petition requesting such hearing is filed with
the VSMP administrator within 30 days after notice of such action is given by the VSMP
administrator.
2. The hearings held under §4.16 shall be conducted by the city council at a regular or
special meeting of the city council.
3. A verbatim record of the proceedings of such hearings shall be taken and filed with the
circuit court of the county. Depositions may be taken and read as in actions at law.
4. The circuit court of the county or its designated member, as the case may be, shall
have power to issue subpoenas and subpoenas duces tecum, and at the request of any
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Chapter 110. Article 4. Site Development Standards §4.16 Storm Drainage Facilities
§4.16.7 City responsibilities
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-83
party shall issue such subpoenas. The failure of a witness without legal excuse to
appear or to testify or to produce documents shall be acted upon by the local
governing body, or its designated member, whose action may include the procurement
of an order of enforcement from the circuit court. Witnesses who are subpoenaed shall
receive the same fees and reimbursement for mileage as in civil actions.
F. Appeals
1. Final decisions of the VSMP administrator under §4.16 may be appealed to the city
council, provided an appeal is filed within 30 days from the date of any written decision
by the VSMP administrator which adversely affects the rights, duties or privileges of
any permit applicant or permittee, or person subject to ordinance requirements.
2. Final decisions of the city council under §4.16 may be subject to review by the circuit
court of the county, provided an appeal is filed within 30 days from the date of the final
written decision which adversely affects the rights, duties or privileges of any permit
applicant or permittee, or person subject to ordinance requirements.
G. Fees
1. Issuance of general permit coverage
Fees to cover costs associated with implementation of a VSMP related to land
disturbing activities and issuance of general permit coverage and VSMP authority
permits shall be imposed in accordance with the VSMP Fee Schedule. When a site or
sites has been purchased for development within a previously permitted common plan
of development or sale, the applicant shall be subject to fees in accordance with the
disturbed acreage of their site or sites according to the VSMP Fee Schedule, as
specified in §6.2.3.D.
2. Modifications or transfer of permit coverage
Fees for the modification or transfer of registration statements from the general
permit issued by the State Board shall be imposed in accordance with the VSMP Fee
Schedule, as specified in §6.2.3.D. If the general permit modifications result in changes
to stormwater management plans that require additional review by the city of Fairfax,
such reviews shall be subject to the fees established in the VSMP Fee Schedule, as
specified in §6.2.3.D. The fee assessed shall be based on the total disturbed acreage of
the site. In addition to the general permit modification fee, modifications resulting in
an increase in total disturbed acreage shall pay the difference in the initial permit fee
paid and the permit fee that would have applied for the total disturbed acreage in the
VSMP Fee Schedule, as provided within the permit application package.
3. Annual permit maintenance fee
The following annual permit maintenance fee shall be imposed in accordance with the
VSMP Fee Schedule, as specified in §6.2.3.D, including fees imposed on expired permits
that have been administratively continued. With respect to the general permit, these
fees shall apply until the permit coverage is terminated. General permit coverage
maintenance fees shall be paid annually to the city of Fairfax by April 1st of each year.
No permit will be reissued or automatically continued without payment of the required
fee. General permit coverage maintenance fees shall be applied until a Notice of
Termination is effective.
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§4.16 Storm Drainage Facilities Chapter 110. Article 4. Site Development Standards
§4.16.7 City responsibilities
Adopted 7/12/2016 Zoning Ordinance
4-84 City of Fairfax, Virginia
4. The fees set forth in subsections 1 through 3, above, shall apply to:
(a) All persons seeking coverage under the general permit.
(b) All permittees who request modifications to or transfers of their existing
registration statement for coverage under a general permit.
(c) Persons whose coverage under the general permit has been revoked shall apply to
the department for an Individual Permit for Discharges of Stormwater from
Construction Activities.
(d) Permit and permit coverage maintenance fees, as adopted by the city outlined
under subsection 3, above, may apply to each general permit holder.
5. No general permit application fees will be for:
(a) Minor modifications to general permits as defined in §4.16.6.B. Permit
modifications at the request of the permittee resulting in changes to stormwater
management plans that require additional review by the VSMP administrator shall
not be exempt pursuant to §4.16.
(b) General permits modified or amended at the initiative of the department,
excluding errors in the registration statement identified by the VSMP
administrator or errors related to the acreage of the site.
6. Incomplete payments
All incomplete payments will be deemed as non-payments, and the applicant shall be
notified of any incomplete payments. Interest may be charged for late payments at the
underpayment rate set forth in §58.1-15 of the Code of Virginia and is calculated on a
monthly basis at the applicable periodic rate. A 10 percent late payment fee shall be
charged to any delinquent (over 90 days past due) account. The city of Fairfax shall be
entitled to all remedies available under the Code of Virginia in collecting any past due
amount.
H. Performance bond
Prior to issuance of any permit, the applicant shall be required to submit a reasonable
performance bond with surety, cash escrow, letter of credit, any combination thereof, or
such other legal arrangement acceptable to the city attorney, to ensure that measures could
be taken by the city of Fairfax at the applicant's expense should he fail, after proper notice,
within the time specified to initiate or maintain appropriate actions which may be required of
him by the permit conditions as a result of his land disturbing activity. If the city of Fairfax
takes such action upon such failure by the applicant, the city may collect from the applicant
for the difference should the amount of the reasonable cost of such action exceed the
amount of the security held, if any. Within 60 days of the completion of the requirements of
the permit conditions, such bond, cash escrow, letter of credit or other legal arrangement, or
the unexpended or unobligated portion thereof, shall be refunded to the applicant or
terminated.
I. Illicit discharges
1. It shall be unlawful for any person to discharge to or allow the discharge to the city’s
municipal separate storm sewer system any substance not composed entirely of
stormwater. Unlawful discharges shall include any unauthorized runoff or illicit storm
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Chapter 110. Article 4. Site Development Standards §4.16 Storm Drainage Facilities
§4.16.7 City responsibilities
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-85
sewer connections on any property in the city of Fairfax that causes or allows by storm
or floodwater the pollution of any state waters.
2. The following activities shall be exempt from §4.16:
(a) Discharges authorized by a valid national pollutant discharge elimination system
(NPDES) permit, waiver or discharge order, a Virginia pollutant discharge
elimination system (VPDES) permit, waiver or discharge order, or a Virginia
pollution abatement (VPA) permit;
(b) Discharges from firefighting, other life-saving activities or training related to those
activities;
(c) Discharges specified in writing by the city as necessary for public health and
safety;
(d) Any activity by a governmental entity in accordance with federal, state, and local
regulations and standards for the maintenance or repair of drinking water
reservoirs or drinking water treatment or distribution systems;
(e) Any activity by the city, its employees and agents, in accordance with federal,
state and local regulations and standards, for the maintenance of any component
of its stormwater management system;
(f) Dye testing, provided verbal notification to the city prior to the time of test;
(g) Diverting stream flows or rising groundwater, or infiltration of uncontained
groundwater;
(h) Pumping of uncontaminated groundwater from potable water sources,
foundation drains, irrigation waters, springs, or water from crawl spaces or footing
drains;
(i) Water line flushing;
(j) Landscape irrigation; including watering of lawns;
(k) Air conditioning condensate;
(l) Individual car washing on residential properties;
(m) Swimming pool water provided that it has been de-chlorinated to the satisfaction
of the VSMP administrator or designee; and
(n) Incidental water from street and parking lot sweeping operations.
3. Exempt activities listed in subsection I.2, above, that are found to be sources of
pollution to state waters, shall be stopped or conducted in such manner as to avoid the
discharge of pollutants into such waters, as directed by city of Fairfax. Failure to comply
with any such order shall be unlawful and in violation of §4.16.
4. The city of Fairfax shall have authority to carry out all inspection, surveillance, and
monitoring procedures necessary to determine compliance or noncompliance with the
provisions of §4.16. The city shall notify any person in violation of §4.16 with a written
warning notice specifying the particulars of the violation and requesting immediate
investigation and resolution of the matter. Nothing in §4.16 shall limit the city from
taking emergency action or other enforcement action without issuing a warning notice.
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§4.16 Storm Drainage Facilities Chapter 110. Article 4. Site Development Standards
§4.16.8 Specifications
Adopted 7/12/2016 Zoning Ordinance
4-86 City of Fairfax, Virginia
5. The city of Fairfax shall have the authority to require pollution prevention plans from
any person whose discharges cause or may cause a violation of a VPDES permit.
6. A willful violation of the provisions of §4.16 shall constitute a Class 1 misdemeanor.
Each day that a continuing violation of §4.16 is maintained or permitted to remain shall
constitute a separate offense.
7. Any person who commits any act prohibited by §4.16 shall be liable to the city for all
costs of testing, containment, cleanup, abatement, removal and disposal of any
substance unlawfully discharged into the storm sewer system.
8. Any person who commits any act prohibited by §4.16 shall be subject to a civil penalty
in an amount not to exceed $1,000 for each day that a violation continues. The court
assessing such penalty may, at its discretion, order that the penalty be paid into the
treasury of the city for the purpose of abating, preventing or mitigating environmental
pollution.
9. The remedies set forth in §4.16 shall be cumulative, not exclusive, and it shall not be a
defense to any action, civil or criminal, which one or more of the remedies set forth
herein has been sought or granted.
§4.16.8. Specifications
A. Purpose
§4.16.8 specifies design, construction, inspection and maintenance requirements for
stormwater BMPs, on-site detention facilities, and on-site drainage facilities to be used
within the city.
B. Applicability
The design, construction, inspection and maintenance of all stormwater BMPs, on-site
detention facilities, and on-site drainage facilities, whether privately or municipally owned,
are to be accomplished in accordance with applicable provisions of §4.16.8.
C. Design requirements
1. To protect the quality and quantity of state water from the potential harm of
unmanaged stormwater runoff resulting from land-disturbing activities, the city of
Fairfax hereby adopts the technical criteria for regulated land-disturbing activities set
forth in 9VAC25-870-62, Part II B of the Regulations, as amended, expressly to include
9VAC25-870-63 [water quality design criteria requirements]; 9VAC25-870-65 [water
quality compliance]; 9VAC25-870-66 [water quantity]; 9VAC25-870-69 [off site
compliance options]; 9VAC25-870-72 [design storms and hydrologic methods];
9VAC25-870-74 [stormwater harvesting]; 9VAC25-870-76 [linear development project];
9VAC25-870-85 [stormwater management impoundment structures or facilities]; and
9VAC25-870-92 [comprehensive stormwater management plans], which shall apply to
all land-disturbing activities regulated pursuant to §4.16, except as expressly set forth
in §4.16.8.C.2.
2. Any land disturbing activity shall be considered grandfathered by the VSMP authority
and shall be subject to the Part II C technical criteria (9VAC25-870-93 through 9VAC25-
870-99) of the VSMP Regulation provided:
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Chapter 110. Article 4. Site Development Standards §4.16 Storm Drainage Facilities
§4.16.8 Specifications
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-87
(a) A proffered or conditional zoning plan, zoning with a plan of development,
preliminary or final subdivision plat, preliminary or final site plan, or any
document determined by the locality to be equivalent thereto (i) was approved by
the locality prior to July 1, 2012, (ii) provided a layout as defined in 9VAC25-870-
10, (iii) will comply with the Part II C technical criteria of the VSMP Regulation, and
(iv) has not been subsequently modified or amended in a manner resulting in an
increase in the amount of phosphorus leaving each point of discharge, and such
that there is no increase in the volume or rate of runoff;
(b) A state permit has not been issued prior to July 1, 2014; and
(c) Land disturbance did not commence prior to July 1, 2014.
3. Locality, state and federal projects shall be considered grandfathered by the VSMP
authority and shall be subject to the Part II C technical criteria (9VAC25-870-93 through
9VAC25-870-99) of the VSMP Regulation provided:
(a) There has been an obligation of locality, state or federal funding, in whole or in
part, prior to July 1, 2012, or the department has approved a stormwater
management plan prior to July 1, 2012;
(b) A state permit has not been issued prior to July 1, 2014; and
(c) Land disturbance did not commence prior to July 1, 2014.
4. Land disturbing activities grandfathered under subsections 2 and 3, above, shall remain
subject to the Part II C technical criteria (9VAC25-870-93 through 9VAC25-870-99) of
the VSMP Regulation for one additional state permit cycle. After such time, portions of
the project not under construction shall become subject to any new technical criteria
adopted by the board.
5. In cases where governmental bonding or public debt financing has been issued for a
project prior to July 1, 2012, such project shall be subject to the technical criteria of
Part II C (9VAC25-870-93 through 9VAC25-870-99).
6. The VSMP administrator may grant exceptions to the technical requirements of Part II
B or Part II C of the Regulations, provided that (i) the exception is the minimum
necessary to afford relief, (ii) reasonable and appropriate conditions are imposed so
that the intent of the Act, the Regulations, and §4.16 are preserved, (iii) granting the
exception will not confer any special privileges that are denied in other similar
circumstances, and (iv) exception requests are not based upon conditions or
circumstances that are self-imposed or self-created. Economic hardship alone is not
sufficient reason to grant an exception from the requirements of §4.16.
(a) Exceptions to the requirement that the land-disturbing activity obtain required
VSMP authority permit shall not be given by the VSMP administrator, nor shall the
VSMP administrator approve the use of a BMP not found on the Virginia
Stormwater BMP Clearinghouse Website, or any other control measure duly
approved by the department.
(b) Exceptions to requirements for phosphorus reductions shall not be allowed unless
off site options otherwise permitted pursuant to 9VAC25-870-69 have been
considered and found not available.
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§4.16 Storm Drainage Facilities Chapter 110. Article 4. Site Development Standards
§4.16.8 Specifications
Adopted 7/12/2016 Zoning Ordinance
4-88 City of Fairfax, Virginia
7. Nothing in §4.16 shall preclude an operator from constructing to a more stringent
standard at their discretion.
D. On-site drainage facilities
1. On-site drainage
On-site drainage shall be adequate to prevent flooding or damage to any structure
located on the site.
2. Gutters and inlets
Gutters and inlets shall be adequate to limit the spread of water in the street to half a
travel lane plus its gutter, or eight feet.
3. Primary drainage facilities
(a) Where culverts, storm sewers or other enclosed conduits have been approved for
use by the director of public works as storm drainage transport they shall, in
addition to meeting other requirements, be adequate in the opinion of the
director of public works to prevent flood damage to private or public property.
Conduits used in conjunction with gutters and inlets shall be adequate to limit the
system hydraulic grade line to no higher than one foot below the grade of the
gutter.
(b) Where on-site drainage facilities are proposed, the applicant shall make provision
or identify for:
(1) Safety factors;
(2) Materials; and
(3) Cleaning, maintenance, inspection.
4. Design storms shall be as specified:
Usage Design storm
Streets, gutters and inlets 10-year storm
Culverts/storm sewers 100-year storm [1]
[1] In the absence of potentially damaged private or public property the 25-year
design storm shall be used as a minimum
E. On-site detention facilities
The design of on-site detention facilities, as may be requested or approved by the VSMP
administrator, shall be as set forth in Part II B of the Regulations, 9VAC25-870-66 [water
quantity], as specified in §4.16.8.C.
F. Municipal creeks and channels
Where primary channels or other open conduits have been approved for use by the director
of public works as storm drainage transports they shall, in addition to meeting other
requirements, be adequate in the opinion of the director of public works to prevent flooding
outside of any floodplain area designated in this chapter. The design storm for channels to be
used for conveyance shall be the 100-year storm.
G. Municipal drainage facility
Design criteria shall be as set forth in §4.16.8.D where applicable.
RETURN TO TABLE OF CONTENTS
Chapter 110. Article 4. Site Development Standards §4.16 Storm Drainage Facilities
§4.16.8 Specifications
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-89
H. Municipal detention facilities
Design criteria shall be as set forth in §4.16.8.E where applicable.
I. Construction requirements
All construction shall conform to the ASTM standards, the state department of
transportation road and bridge specifications, as amended, and the Virginia Uniform
Statewide Building Code, as amended.
J. Inspection requirements
Periodic inspections shall be performed by the city to ensure that the facilities are being built
in accordance with the plans and specifications.
1. The VSMP administrator, or any duly authorized agent of the VSMP administrator, shall
inspect the land-disturbing activity during construction for:
(a) Compliance with the approved erosion and sediment control plan;
(b) Compliance with the approved stormwater management plan;
(c) Development, updating, and implementation of a pollution prevention plan; and
(d) Development and implementation of any additional control measures necessary
to address a TMDL.
2. The VSMP administrator, or any duly authorized agent of the VSMP administrator, may,
at reasonable times and under reasonable circumstances, enter any establishment or
any property, public or private, for the purpose of obtaining information or conducting
surveys or investigations necessary in the enforcement of the provisions of §4.16.
3. In accordance with a performance bond with surety, cash escrow, letter of credit, any
combination thereof, or such other legal arrangement or instrument, the VSMP
administrator may also enter any establishment or upon any property, public or
private, for the purpose of initiating or maintaining appropriate actions which are
required by the permit conditions associated with a land-disturbing activity when a
permittee, after proper notice, has failed to take acceptable action within the time
specified.
4. Pursuant to § 62.1-44.15:40 of the Code of Virginia, the VSMP administrator may
require every VSMP authority permit applicant or permittee, or any such person
subject to VSMP authority permit requirements under §4.16, to furnish when
requested such application materials, plans, specifications, and other pertinent
information as may be necessary to determine the effect of his discharge on the quality
of state waters, or such other information as may be necessary to accomplish the
purposes of §4.16.
5. Post-construction inspections of stormwater management facilities required by the
provisions of §4.16 shall be conducted by the VSMP administrator, or any duly
authorized agent of the VSMP administrator, pursuant to the city's adopted and State
Board approved inspection program, and shall occur, at minimum, at least once every
five years except as may otherwise be provided for in §4.16.8.K.
RETURN TO TABLE OF CONTENTS
§4.16 Storm Drainage Facilities Chapter 110. Article 4. Site Development Standards
§4.16.8 Specifications
Adopted 7/12/2016 Zoning Ordinance
4-90 City of Fairfax, Virginia
K. Long-term maintenance of permanent stormwater facilities
1. Provisions for long-term responsibility and maintenance of stormwater management
facilities and other techniques specified to manage the quality and quantity of runoff
are required by the VSMP administrator provisions shall be set forth in an instrument
recorded in the local land records prior to general permit termination, or earlier, as
may be required by the VSMP administrator and shall at a minimum:
(a) Be submitted to the VSMP administrator for review and approval prior to the
approval of the stormwater management plan;
(b) Be stated to run with the land;
(c) Provide for all necessary access to the property for purposes of maintenance and
regulatory inspections;
(d) Provide for inspections and maintenance and the submission of inspection and
maintenance reports to the VSMP administrator; and
(e) Be enforceable by all appropriate governmental parties.
2. 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 that will
not be detrimental to other inhabitants of the city. No change shall be made in the
contours of any land which affects the course, width or elevation of any floodplain 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 VSMP administrator. 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 Article 9. All natural stream modifications and maintenance are to
be accomplished in accordance with the city storm drainage facility specifications as
they may be promulgated by the VSMP administrator and approved by the city council
from time to time.
3. Maintenance of 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 maintenance of
the facility.
(b) The landowner and his successors shall perform periodic maintenance on the
facilities and such other repairs, replacements or maintenance thereon as may be
required by the VSMP administrator.
(c) The VSMP administrator, 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 VSMP administrator, 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 such deficiencies.
RETURN TO TABLE OF CONTENTS
Chapter 110. Article 4. Site Development Standards §4.16 Storm Drainage Facilities
§4.16.9 Enforcement
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-91
(e) Any landowner aggrieved by the determination of the VSMP administrator, his
agent or representative, may appeal such determination to the city in accordance
with §4.16.7.F.
(f) Upon refusal or neglect by the landowner or his successors to comply with the
repairs, replacements or other maintenance required by the VSMP administrator,
the city, through its agents or employees, may repair, replace or otherwise
maintain such facilities.
(g) If the city, through its agents or employees, repairs, replaces or otherwise
maintains any facility after complying with the notice requirements of §4.16, the
costs or expenses thereof shall be charged to and paid by the landowner and/or
his successors and may be collected by the city as taxes and levies are collected.
(h) Every charge authorized by §4.16 with which the landowner or his successors has
been assessed and which remains unpaid shall constitute a lien against the
property.
§4.16.9. Enforcement
A. If the VSMP administrator determines that there is a failure to comply with the VSMP
authority permit conditions or determines there is an unauthorized discharge, notice shall be
served upon the permittee or person responsible for carrying out the permit conditions by
any of the following: verbal warnings and inspection reports, notices of corrective action,
consent special orders, and notices to comply. Written notices shall be served by registered
or certified mail to the address specified in the permit application or by delivery at the site of
the development activities to the agent or employee supervising such activities.
1. The notice shall specify the measures needed to comply with the permit conditions and
shall specify the time within which such measures shall be completed. Upon failure to
comply within the time specified, a stop work order may be issued in accordance with
§4.16.8 or the permit may be revoked by the VSMP administrator.
2. If a permittee fails to comply with a notice issued in accordance with §4.16 within the
time specified, the VSMP administrator may issue an order requiring the owner,
permittee, person responsible for carrying out an approved plan, or the person
conducting the land-disturbing activities without an approved plan or required permit
to cease all land-disturbing activities until the violation of the permit has ceased, or an
approved plan and required permits are obtained, and specified corrective measures
have been completed. Such orders shall be issued in accordance with §6.14. Such
orders shall become effective upon service on the person by certified mail, return
receipt requested, sent to his address specified in the land records of the city, or by
personal delivery by an agent of the VSMP administrator. However, if the VSMP
administrator finds that any such violation is grossly affecting or presents an imminent
and substantial danger of causing harmful erosion of lands or sediment deposition in
waters within the watersheds of the state or otherwise substantially impacting water
quality, it may issue, without advance notice or hearing, an emergency order directing
such person to cease immediately all land-disturbing activities on the site and shall
provide an opportunity for a hearing, after reasonable notice as to the time and place
thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a
person who has been issued an order is not complying with the terms thereof, the
RETURN TO TABLE OF CONTENTS
§4.16 Storm Drainage Facilities Chapter 110. Article 4. Site Development Standards
§4.16.9 Enforcement
Adopted 7/12/2016 Zoning Ordinance
4-92 City of Fairfax, Virginia
VSMP administrator may institute a proceeding for an injunction, mandamus, or other
appropriate remedy in accordance with §4.16.2).
B. In addition to any other remedy provided by §4.16, if the VSMP administrator determines
that there is a failure to comply with the provisions of §4.16, they may initiate such informal
and/or formal administrative enforcement procedures in a manner that is consistent with
§4.16.9.
C. Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance,
order, approved standard or specification, or any permit condition issued by the VSMP
administrator may be compelled in a proceeding instituted in circuit court of the county by
the city to obey same and to comply therewith by injunction, mandamus or other
appropriate remedy.
D. Any person who violates any provision of §4.16 or who fails, neglects, or refuses to comply
with any order of the VSMP administrator, shall be subject to a civil penalty not to exceed
$32,500 for each violation within the discretion of the court. Each day of violation of each
requirement shall constitute a separate offense.
1. Violations for which a penalty may be imposed under §4.16 shall include but not be
limited to the following:
(a) No state permit registration;
(b) No SWPPP;
(c) Incomplete SWPPP;
(d) SWPPP not available for review;
(e) No approved erosion and sediment control plan;
(f) Failure to install stormwater BMPs or erosion and sediment controls;
(g) Stormwater BMPs or erosion and sediment controls improperly installed or
maintained;
(h) Operational deficiencies;
(i) Failure to conduct required inspections;
(j) Incomplete, improper, or missed inspections; and
(k) Discharges not in compliance with the requirements of Section 9VAC25-880-70 of
the general permit.
2. The VSMP administrator may issue a summons for collection of the civil penalty and
the action may be prosecuted in the appropriate court.
3. In imposing a civil penalty pursuant to §4.16, the court may consider the degree of
harm caused by the violation and also the economic benefit to the violator from
noncompliance.
4. Any civil penalties assessed by a court as a result of a summons issued by the city shall
be paid into the treasury of the city to be used for the purpose of minimizing,
preventing, managing, or mitigating pollution of the waters of the city and abating
environmental pollution therein in such manner as the court may, by order, direct.
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Chapter 110. Article 4. Site Development Standards §4.16 Storm Drainage Facilities
§4.16.10 Storm drainage facilities-related definitions
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-93
E. Notwithstanding any other civil or equitable remedy provided by this section or by law, any
person who willfully or negligently violates any provision of §4.16, any order of the VSMP
administrator, any condition of a permit, or any order of a court shall, be guilty of a
misdemeanor punishable by confinement in jail for not more than 12 months or a fine of not
less than $2,500 nor more than $32,500, or both.
§4.16.10. Storm drainage facilities-related definitions
In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Stormwater Management
Regulations, as amended, which are expressly adopted and incorporated herein by reference, the
following words and terms used in §4.16 have the following meanings unless otherwise specified
herein. Where definitions differ, those incorporated herein shall have precedence.
APPLICANT: Any person, including any authorized agent, submitting an application for a permit or
requesting issuance of a permit under §4.16.
BEST MANAGEMENT PRACTICE OR BMP: Schedules of activities, prohibitions of practices, including both
structural and non-structural practices, maintenance procedures, and other management
practices to prevent or reduce the pollution of surface waters and groundwater systems from the
impacts of land-disturbing activities.
CHESAPEAKE BAY PRESERVATION ACT LAND-DISTURBING ACTIVITY: A land-disturbing activity including
clearing, grading, or excavation that results in a land disturbance equal or greater than 2,500
square feet and less than one acre in all areas of jurisdictions designated as subject to the
regulations adopted pursuant to the Chesapeake Bay Preservation Act, Code of Virginia, §62.1-
44.15:67, et seq.
COMMON PLAN OF DEVELOPMENT OR SALE: A contiguous area where separate and distinct
construction activities may be taking place at different times on difference schedules.
CONTROL MEASURE: Any best management practice or stormwater facility, or other method used to
minimize the discharge of pollutants to state waters.
CLEAN WATER ACT OR CWA: The Federal Clean Water Act (33 U.S.C §1251 et seq.), formerly referred to
as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of
1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483,
and Public Law 97-117, or any subsequent revisions thereto.
DEPARTMENT: The Virginia Department of Environmental Quality.
DESIGN STORM: All possible combinations of particular storm intensity-duration events occurring on the
design storm curve.
DEVELOPMENT: All and disturbance and the resulting landform associated with the construction of
residential, commercial, industrial, institutional, recreation, transportation or utility facilities or
structures or the clearing of land for non-agricultural or non-silviculture purposes.
FACILITY: A stormwater BMP, on-site detention facility, or an on-site drainage facility.
GENERAL PERMIT: A state permit authorizing a category of discharges under the CWA and the Act within
a geographical area.
ILLICIT DISCHARGE: Any discharge to a municipal separate storm sewer that is not composed entirely of
stormwater, except discharges pursuant to a separate VPDES or state permit (other than the state
permit for discharges from the municipal separate storm sewer), and discharges identified by and
in compliance with 9VAC25-870-400 and in §4.16
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§4.16 Storm Drainage Facilities Chapter 110. Article 4. Site Development Standards
§4.16.10 Storm drainage facilities-related definitions
Adopted 7/12/2016 Zoning Ordinance
4-94 City of Fairfax, Virginia
LAND DISTURBANCE OR LAND-DISTURBING ACTIVITY: A man-made change to the land surface that
potentially changes its runoff characteristics including clearing, grading, or excavation except that
the term shall not include those exemptions specified in §4.16.6.A.
LAYOUT: A conceptual drawing sufficient to provide for the specified stormwater management facilities
required at the time of approval.
MAXIMUM PEAK RUNOFF: The largest peak runoff permitted to occur from any of the particular storms
on the design storm curve.
METERING: The controlled release of water into the primary drainage system.
MINOR MODIFICATION: An amendment to an existing general permit before its expiration not requiring
extensive review and evaluation including, but not limited to, changes in EPA promulgated test
protocols, increasing monitoring frequency requirements, changes in sampling locations, and
changes to compliance dates within the overall compliance schedules. A minor general permit
modification or amendment does not substantially alter general permit conditions, substantially
increase or decrease the amount of surface water impacts, increase the size of the operation, or
reduce the capacity of the facility to protect human health or the environment.
MUNICIPAL DETENTION FACILITIES: City-owned facilities located along primary drainage facilities. Creeks
or channels that serve the purpose of reducing peak flow by metered release and by storage of
that input flow which exceeds the metered output.
MUNICIPAL SEPARATE STORM SEWER SYSTEM" OR "MS4": All separate storm sewers that are defined as
"large" or "medium" or "small" municipal separate storm sewer systems or designated under
9VAC25-870-380.
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.
OPERATOR: The owner or operator of any facility or activity subject to regulation under §4.16.
PEAK RUNOFF: The largest runoff intensity that will occur from a particular storm intensity-duration
event on the design storm curve.
PERMIT OR VSMP AUTHORITY PERMIT: An approval to conduct a land-disturbing activity issued by the
VSMP administrator for the initiation of a land-disturbing activity, in accordance with §4.16, and
which may only be issued after evidence of general permit coverage has been provided by the
Department.
PERMITTEE: The person to whom the VSMP Authority Permit is issued.
PERSON: Any individual, corporation, partnership, association, state, municipality, commission, or
political subdivision of a state, governmental body, including federal, state, or local entity as
applicable, any interstate body or any other legal entity.
POLLUTION: Such alteration of the physical, chemical or biological properties of any state waters as will
or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the
public health, safety and welfare, or to the health of animals, fish or aquatic life; (b) unsuitable
with reasonable treatment for use as present or possible future sources of public water supply; or
(c) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses,
provided that (i) an alteration of the physical, chemical, or biological property of state waters, or a
discharge or deposit of sewage, industrial wastes or other wastes to state waters by any owner
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Chapter 110. Article 4. Site Development Standards §4.16 Storm Drainage Facilities
§4.16.10 Storm drainage facilities-related definitions
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-95
which by itself is not sufficient to cause pollution, but which, in combination with such alteration
of or discharge or deposit to state waters by other owners, is sufficient to cause pollution; (ii) the
discharge of untreated sewage by any owner into state waters; and (iii) contributing to the
contravention of standards of water quality duly established by the State Water Control Board, are
"pollution" for the terms and purposes of this chapter.
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 routing it f rom
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.
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. Drainage
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.
REGULATIONS: Virginia Stormwater Management Program (VSMP) Permit Regulations, 9VAC25-870, as
amended.
SITE: The land or water area where any facility or land-disturbing activity is physically located or
conducted, including adjacent land used or preserved in connection with the facility or land-
disturbing activity. Areas channel-ward of mean low water in tidal Virginia shall not be considered
part of a site.
STATE: The Commonwealth of Virginia.
STATE BOARD: The State Water Control Board.
STATE PERMIT: An approval to conduct a land-disturbing activity issued by the State Board in the form of
a state stormwater individual permit or coverage issued under a state general permit or an
approval issued by the State Board for stormwater discharges from an MS4. Under these state
permits, the State imposes and enforces requirements pursuant to the federal Clean Water Act
and regulations, the Virginia Stormwater Management Act, and the Regulations.
STATE WATER CONTROL LAW: Chapter 3.1 (§62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia.
STATE WATERS: All water, on the surface and under the ground, wholly or partially within or bordering
the State or within its jurisdiction, including wetlands.
STORMWATER: Precipitation that is discharged across the land surface or through conveyances to one
or more waterways and that may include stormwater runoff, snowmelt runoff, and surface runoff
and drainage.
STORMWATER MANAGEMENT PLAN: A document(s) containing material describing methods for
complying with the requirements of §4.16.
STORMWATER POLLUTION PREVENTION PLAN OR SWPPP: A document that is prepared in accordance
with good engineering practices and that identifies potential sources of pollutants that may
reasonably be expected to affect the quality of stormwater discharges from the construction site,
and otherwise meets the requirements of this chapter. In addition, the document shall identify
and require the implementation of control measures, and shall include, but not be limited to the
inclusion of, or the incorporation by reference of, an approved erosion and sediment control plan,
an approved stormwater management plan, and a pollution prevention plan.
RETURN TO TABLE OF CONTENTS
§4.17 Erosion and Sediment Control Chapter 110. Article 4. Site Development Standards
§4.17.1 Monitoring, reports and inspections
Adopted 7/12/2016 Zoning Ordinance
4-96 City of Fairfax, Virginia
SUBDIVISION: Division or re-division of a lot, tract or parcel of land into two or more lots or other
division of land. This includes any changes in street or lot lines.
TOTAL MAXIMUM DAILY LOAD OR TMDL: The sum of the individual waste load allocations for point
sources, load allocations for nonpoint sources, natural background loading and a margin of safety.
TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure.
The TMDL process provides for point versus nonpoint source trade-offs.
VIRGINIA STORMWATER MANAGEMENT ACT OR ACT: Article 2.3 (§62.1-44.15:24 et seq.) of Chapter 3.1
of Title 62.1 of the Code of Virginia.
VIRGINIA STORMWATER BMP CLEARINGHOUSE WEBSITE: The website that contains detailed design
standards and specifications for control measures that may be used in Virginia to comply with the
requirements of the Virginia Stormwater Management Act and associated regulations.
VIRGINIA STORMWATER MANAGEMENT PROGRAM OR VSMP: A program approved by the State Board
after September 13, 2011, that has been established by the city of Fairfax to manage the quality
and quantity of runoff resulting from land-disturbing activities and shall include such items as local
ordinances, rules, permit requirements, annual standards and specifications, policies and
guidelines, technical materials, and requirements for plan review, inspection, enforcement, where
authorized in §4.16, and evaluation consistent with the requirements of §4.16 and associated
regulations.
VIRGINIA STORMWATER MANAGEMENT PROGRAM AUTHORITY OR VSMP AUTHORITY: The authority
approved by the State Board after September 13, 2011, to operate a Virginia Stormwater
Management Program.
VSMP Administrator: The VSMP authority including the city of Fairfax staff person, department, or
assigned designee responsible for administering the VSMP on behalf of the city.
§4.17. EROSION AND SEDIMENT CONTROL
§4.17.1. Monitoring, reports and inspections
The plan-approving authority shall periodically in accordance with section 9VAC-840-60.B of the
Virginia Erosion and Sediment Control Regulations inspect land-disturbing activities for
compliance with the approved plan and permit. The owner, permittee, or person responsible for
carrying out the plan shall be given notice of inspections.
A. Monitoring and reports may be required by the plan-approving authority of the owner,
permittee, or person responsible for carrying out the plan to ensure compliance with the
plan and that the measures required in the plan are effective in controlling erosion and
sediment.
B. Upon determination of a failure to comply with the plan, the plan-approving authority shall
serve notice by certified or registered mail to the address specified in the permit application
or by hand delivery to the owner, permittee, or person responsible for carrying out the plan,
specifying the measures needed for plan compliance and the time within which the measures
must be completed. Failure to comply within the specified time may result in revocation of
the permit at which time the notified individual shall be deemed to be in violation of §4.17.
C. Regardless of the requirement for notice in §4.17.1.B, above, if land disturbing activities
begin without an approved plan, the plan-approving authority may issue an order requiring
all land disturbing activities be stopped until an approved plan and required permits are
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Chapter 110. Article 4. Site Development Standards §4.18 Chesapeake Bay Preservation
§4.17.2 Penalties, injunctions and other legal actions
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-97
obtained. If the alleged violator has not obtained an approved plan and required permits
within seven days from the service date of the order, the plan-approving authority shall issue
an order to the owner requiring that all construction and other work on the site, other than
corrective measures, be stopped until an approved plan and required permits are obtained.
The order shall be served upon the owner by registered or certified mail to the address
specified in the permit application or the city land records. The order shall be lifted
immediately upon completion of corrective action and obtaining plan approval and required
permits. The owner may appeal the issuance of an order to the circuit court of the county. In
addition, if the alleged activity is in imminent danger of causing harmful erosion of lands or
sediment deposition in waters within the watersheds of the state, the plan-approving
authority may issue an order requiring that all land disturbing activities be stopped regardless
of the notice requirement of §4.17.1.A).
D. Unless the violation is causing or is in imminent danger of causing harmful land erosion or
sediment deposition in waters within the watersheds of the state, or land disturbing activities
occurred without an approved plan and required permit, an order to stop work shall only be
issued after the alleged violator failed to comply with a notice to comply sent according to
§4.17.1.A. The order may require that all or part of the land disturbing activities be stopped
until the specified corrective measures have been taken. The order shall be served by
certified mail or hand delivery and shall remain in effect for seven days from the date of
service pending application by the city or alleged violator to the circuit court of the county for
appropriate relief. The order shall be lifted immediately upon completion of corrective
measures. Nothing in §4.17 shall prevent the plan-approving authority from taking any other
action specified in §4.17.
§4.17.2. Penalties, injunctions and other legal actions
A. Violations of any requirement of §4.17 or any condition of a permit shall be subject to a civil
penalty. The civil penalty for any one violation shall be $100, except that the civil penalty for
commencement of land disturbing activities without an approved plan shall be $1,000.
B. In no event shall a series of violations arising from the same set of operative facts result in
civil penalties, which exceed a total of $3,000, except that a series of violations ensuing from
the commencement of land disturbing activities without an approved plan for any site shall
not result in civil penalties, which exceed $10,000.
C. The plan-approving authority may apply to the circuit court of the county to enjoin a violation
or a threatened violation.
D. Any person violating, failing, neglecting or refusing to obey any injunction, mandamus or
other remedy obtained pursuant to Code of Virginia, § 62.1-44.15:56 shall be subject, in the
discretion of the court, to a civil penalty not to exceed $2,000 for each violation. Any civil
penalty so assessed shall be payable to the treasury of the city.
E. In accordance with §4.17.1, the plan-approving authority may revoke a permit for failing to
comply to with an approved plan.
§4.18. CHESAPEAKE BAY PRESERVATION
§4.18.1. Purpose and intent
§4.18 is enacted to implement the requirements of Code of Virginia, § 62.1-44.15:75 et seq., the
Chesapeake Bay Preservation Act. These regulations establish the criteria that the city shall use to
RETURN TO TABLE OF CONTENTS
§4.18 Chesapeake Bay Preservation Chapter 110. Article 4. Site Development Standards
§4.18.2 Applicability
Adopted 7/12/2016 Zoning Ordinance
4-98 City of Fairfax, Virginia
determine the extent of the Chesapeake Bay preservation areas. These regulations also establish
criteria for use by the city in approving, disapproving or modifying requests to rezone, subdivide,
use, develop and/or redevelop land in Chesapeake Bay preservation areas. The intent of the city
council and the purpose of §4.18 is to:
A. Protect sensitive environmental lands within the city;
B. Safeguard the quality of state waters;
C. Prevent further increase in pollution of state waters;
D. Reduce existing pollution of state waters; and
E. Promote water resource conservation in order to provide for the health, safety, and welfare
of the present and future citizens of the city.
§4.18.2. Applicability
A. §4.18 shall apply to all lands identified as Chesapeake Bay preservation areas as designated
by the city council and as shown on the city Chesapeake Bay preservation area map. The
Chesapeake Bay preservation area map, together with all explanatory matter thereon, is
hereby adopted by reference and declared to be a part of §4.18. The map, entitled city of
Fairfax Chesapeake Bay preservation area map, shall be identified by the signature of the
zoning administrator, attested to by the city clerk, together with the date of adoption by the
city council. The map shall show the general location of Chesapeake Bay preservation areas
within the city and should be consulted by persons contemplating activities within the city
prior to engaging in a regulated activity. The specific delineation of the Chesapeake Bay
preservation area boundaries is the responsibility of the applicant in accordance with
§4.18.6.
1. The resource protection area includes:
(a) Tidal wetlands;
(b) Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or
water bodies with perennial flow;
(c) Tidal shores;
(d) Intermittent streams that remain largely in a natural condition and that have not
been significantly impacted by adjacent development;
(e) Water bodies with perennial flow; and
(f) A 100-foot vegetated buffer area located adjacent to and landward of the
components listed above, and expanded to include noncontiguous wetlands
within the floodplain that are partially located within the buffer, along both sides
of any water body with perennial flow. The full buffer area shall be designated as
the landward component of the resource protection area notwithstanding the
presence of permitted uses, encroachments or permitted vegetation clearing in
compliance with the performance criteria of §4.18.6.
2. Designation of the components listed in §4.18.2.A.1 on the city's Chesapeake Bay
preservation area map shall not be subject to modification unless based upon reliable
site-specific information, in accordance with §4.18.6 and, if applicable, a water quality
impact assessment required pursuant to §4.18.8.
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Chapter 110. Article 4. Site Development Standards §4.18 Chesapeake Bay Preservation
§4.18.3 Development review procedures
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-99
3. The resource management area includes all lands in the city that are not designated as
resource protection areas.
B. If the boundaries of a Chesapeake Bay preservation area include a portion of a lot, parcel, or
development project, only that portion of the lot, parcel, or development project shall be
subject to the requirements of this §4.18 except as provided for in §4.18.4.D. The division of
property shall not constitute an exemption from this requirement.
§4.18.3. Development review procedures
Any land disturbance, development, or redevelopment with land disturbing activity exceeding
2,500 square feet shall comply with the development review procedures outlined in §6.13, where
applicable, prior to any clearing, grading or construction on the site.
§4.18.4. Allowed uses
A. Development, land disturbances and uses authorized by underlying zoning classifications are
allowed provided that they are carried out in accordance with the applicable general
performance standards set forth in §4.18.7 or otherwise modified by the requirements set
forth herein.
B. Development in resource protection areas (RPAs) shall be subject to review and approval by
the city and may be permitted if it:
1. Constitutes redevelopment; or
2. Is a roadway or driveway not exempt under §4.18.10, provided that:
(a) There are no reasonable alternatives to aligning the road or driveway in or across
the RPA;
(b) The alignment and design of the road or driveway are optimized, consistent with
other applicable requirements, to minimize encroachment in the RPA and adverse
effects on water quality; and
(c) The design and construction of the road or driveway satisfy all applicable criteria
of §4.18, including the submission of a water quality impact assessment.
(d) The plan for the road or driveway proposed in or across the RPA meets the criteria
for site plan, subdivision and plan of development approvals.
3. Is a flood-control or stormwater-management facility that drains or treats water from
multiple development projects or from a significant portion of a watershed, provided
that:
(a) The location of the facility within the RPA is the optimum location;
(b) The size of the facility is the minimum necessary to provide necessary flood
control, stormwater treatment, or both;
(c) The facility is consistent with a stormwater management program that has been
approved by the Chesapeake Bay local assistance board as a phase I modification
to this program;
(d) All applicable permits for construction in state and federal waters are obtained
from the appropriate state and federal agencies, such as the U.S. Army Corps of
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§4.18 Chesapeake Bay Preservation Chapter 110. Article 4. Site Development Standards
§4.18.5 Lot size
Adopted 7/12/2016 Zoning Ordinance
4-100 City of Fairfax, Virginia
Engineers, the Virginia Department of Environmental Quality, and the Virginia
Marine Resources Commission; and
(e) Approval from the city prior to construction.
4. Is a new use established pursuant to §4.18.7.D.2.
C. Routine maintenance is allowed to be performed on flood control or stormwater
management facilities that drain or treat water from multiple development projects or from
a significant portion of a watershed in order to assure that they continue to function as
designed, but it is not the intent of §4.18 to allow a best management practice that collects
and treats runoff from only an individual lot or some portion of the lot to be located within
an RPA.
D. All development or redevelopment within a Chesapeake Bay preservation area exceeding
2,500 square feet of disturbed land area shall be subject to the general performance
standards in §4.18.7 as well as the development review procedures of §6.13.
E. A water quality impact assessment shall be required for any proposed land disturbance,
development or redevelopment within a resource protection area or a resource management
area. The zoning administrator may waive the requirement for a water quality impact
assessment in a resource management area upon determination that the proposed land
disturbance, development or redevelopment would not significantly impact water quality. If
a water quality impact assessment is required, the assessment shall include the entire lot,
parcel or development project as the area of impact and shall be conducted in accordance
with §4.18.8.
§4.18.5. Lot size
The creation of new lots shall be subject to the requirements of the subdivision and zoning
ordinances provided that any lot shall have sufficient area outside the resource protection area to
accommodate an intended development in accordance with the general performance standards in
§4.18.7
§4.18.6. Interpretation of RPA and CBPA boundaries
A. Delineation by applicant
For any property that is depicted on the city's Chesapeake Bay preservation area map as a
resource protection area, the applicant shall determine the site-specific boundaries of the
RPA components through the performance of a RPA site-specific study. The Chesapeake Bay
preservation area map shall be used only as a guide to the general location of resource
protection areas within the city.
B. Where conflict arises over delineation
Where the applicant has provided a site-specific delineation of the resource protection area,
the zoning administrator shall review and verify the accuracy of the boundary delineation. In
determining the site-specific resource protection area boundary, the zoning administrator
may render adjustments to the applicant's boundary delineation based on the RPA site-
specific study features required in §6.13.2.B.
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Chapter 110. Article 4. Site Development Standards §4.18 Chesapeake Bay Preservation
§4.18.7 General performance standards
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-101
§4.18.7. General performance standards
A. Purpose and intent
1. The performance standards establish the means to minimize erosion and
sedimentation potential, reduce land application of nutrients and toxics, and maximize
rainwater infiltration. Natural ground cover, especially woody vegetation, is most
effective in holding soil in place and preventing site erosion. Indigenous vegetation,
with its adaptability to local conditions without the use of harmful fertilizers or
pesticides, filters stormwater runoff. Minimizing impervious cover enhances rainwater
infiltration and effectively reduces stormwater runoff potential.
2. The performance standards are intended to prevent a net increase in nonpoint source
pollution from new development and to achieve a 10 percent reduction in nonpoint
source pollution from redevelopment.
B. Development and redevelopment in Chesapeake Bay preservation areas
1. Land disturbance shall be minimized and limited to the area necessary to provide for
the desired use or development.
(a) In accordance with an approved subdivision or site plan, the extent of land
disturbing activity, including clearing or grading, shall be limited to the specified
construction footprint. The limits of disturbance shall be clearly shown on
submitted plans and physically marked on the development site.
(b) Ingress and egress during construction shall be limited to one access point unless
otherwise approved by the zoning administrator.
2. Indigenous vegetation shall be preserved to the maximum extent practicable
consistent with the use and development proposed and in accordance with the
"Virginia Erosion and Sediment Control Handbook."
(a) Existing trees shall be preserved outside the limits of disturbance, however,
diseased trees or trees weakened by age, storm, fire or other injury may be
removed.
(b) Clearing and grading shall be limited outside the defined limits of disturbance.
Clearing shall be allowed only to provide public roads, necessary access, positive
site drainage, water quality BMPs, and the installation of utilities, as approved by
the zoning administrator.
(c) Prior to clearing or grading, suitable protective barriers, such as safety fencing,
shall be erected at the drip line of any tree or stand of trees to be preserved.
These protective barriers shall remain so erected throughout all phases of
construction. The storage of equipment, materials, debris, or fill shall not be
permitted within the area protected by the barrier.
3. Land development shall minimize impervious cover to promote infiltration of
stormwater into the ground consistent with the use or development permitted.
4. Notwithstanding any other provisions of §4.18, or any exceptions or exemptions
thereto, any land disturbing activity exceeding 2,500 square feet shall comply with the
requirements of §4.16, Storm Drainage Facilities, and §4.17, Erosion and sediment
control.
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§4.18 Chesapeake Bay Preservation Chapter 110. Article 4. Site Development Standards
§4.18.7 General performance standards
Adopted 7/12/2016 Zoning Ordinance
4-102 City of Fairfax, Virginia
5. All on-site sewage disposal systems not requiring a VPDES permit shall be pumped out
at least once every five years. However, owners of on-site sewage treatment systems
may submit documentation every five years, certified by a sewage handler permitted
by the Virginia Department of Health, that the septic system has been inspected, is
functioning properly, and the tank does not need to have the effluent pumped out.
6. A reserve sewage disposal site with a capacity at least equal to that of the primary
sewage disposal site shall be provided. This requirement shall not apply to any lot or
parcel recorded prior to October 1, 1989, if such lot or parcel is not sufficient in
capacity to accommodate a reserve sewage disposal site, as determined by the local
health department. Building or construction of any impervious surface shall be
prohibited on the area of all sewage disposal sites or on an on-site sewage treatment
system that operates under a permit issued by the state water control board until the
structure is served by public sewer.
7. For any development or redevelopment, stormwater runoff shall be controlled by the
use of best management practices consistent with §4.16, Storm Drainage Facilities and
9VAC25-870-63 of the Virginia Stormwater Management Regulations.
8. Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all
wetlands permits required by federal, state and local laws and regulations shall be
obtained and evidence of such submitted to the zoning administrator in accordance
with the development review procedures of §6.13.
C. Performance criteria for resource protection areas
The following criteria shall apply specifically within resource protection areas and
supplement the general performance criteria contained in §4.18:
1. All redevelopment activities shall conform to the regulations contained in §4.15,
Floodplains; §4.16, Storm Drainage Facilities; and §4.17, Erosion and Sediment Control.
Redevelopment shall be permitted in the resource protection area only if there is no
increase in the amount of impervious cover within the RPA and no further
encroachment within the RPA.
2. A water quality impact assessment shall be required for any proposed land
disturbance, development or redevelopment within resource protection areas in
accordance with §4.18.8 and §4.18.4.D.
D. Buffer area requirements
To minimize the adverse effects of human activities on the core components of resource
protection areas, state waters, and aquatic life, a 100-foot buffer area of vegetation that is
effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from
runoff shall be retained if present and established where it does not exist. The 100-foot
buffer area shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent
reduction of nutrients. The buffer area shall be maintained to meet the following additional
performance standards:
1. In order to maintain the functional value of the buffer area, indigenous vegetation may
be removed, subject to approval of the zoning administrator, only to provide for
reasonable sight lines, access paths, general woodlot management, and best
management practices (including those that prevent upland erosion and concentrated
flows of stormwater), as follows:
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Chapter 110. Article 4. Site Development Standards §4.18 Chesapeake Bay Preservation
§4.18.8 Water quality impact assessment
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-103
2. When the application of the buffer areas would result in the loss of a buildable area on
a lot or parcel recorded prior to October 1, 1989, the zoning administrator may permit
encroachments into the required buffer area pursuant to §4.18.11, Administrative
waivers and special exceptions, and in accordance with the following provisions:
(a) Encroachments into the buffer areas shall be the minimum necessary to achieve a
reasonable buildable area for a principal structure and necessary utilities;
(b) Where practicable, a vegetated area shall be established elsewhere on the lot or
parcel in a manner that will maximize water quality protection, mitigate the
effects of the buffer encroachment, and is equal to the area of encroachment into
the buffer area; and
(c) In no case shall the encroachment extend into the seaward 50 feet of the buffer
area.
3. When the application of the buffer area would result in the loss of a buildable area on a
lot or parcel recorded between October 1, 1989 and November 25, 2003, the zoning
administrator may permit encroachments into the required buffer area pursuant to
§4.18.11, Administrative waivers and special exceptions, and in accordance with the
following provisions:
(a) The lot or parcel was created as a result of a legal process conducted in
conformity with the city's subdivision regulations;
(b) Conditions or mitigation measures imposed through a previously-approved
exception shall be met;
(c) If the use of a best management practice was previously required, the BMP shall
be evaluated to determine if it continues to function effectively and, if necessary,
the BMP shall be re-established or repaired and maintained as required;
(d) The criteria listed in §4.18.7.D.2 shall be satisfied.
§4.18.8. Water quality impact assessment
A. Purpose and intent
The purpose of the water quality impact assessment is to:
1. Identify the impacts of proposed development on water quality and lands within
resource protection areas;
2. Ensure that, where redevelopment does take place within resource protection areas, it
is located on those portions of a site and in a manner that is least disruptive to the
natural functions of resource protection areas; and
3. Specify mitigation to address water quality protection.
B. Water quality impact assessment
A water quality impact assessment shall be submitted for:
1. Any proposed land disturbance, development or redevelopment within a resource
protection area including any buffer area modification or reduction as provided for in
§4.18.7; or
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§4.18 Chesapeake Bay Preservation Chapter 110. Article 4. Site Development Standards
§4.18.8 Water quality impact assessment
Adopted 7/12/2016 Zoning Ordinance
4-104 City of Fairfax, Virginia
2. Any proposed development or redevelopment in the resource management area that
may significantly impact water quality due to the unique characteristics of the site or
intensity of the proposed use or development, as determined by the zoning
administrator in accordance with §4.18 and §4.18.4.D. There shall be two levels of
water quality impact assessment: a minor assessment and a major assessment.
C. Minor water quality impact assessment
A minor water quality impact assessment pertains only to development resulting in no more
than 5,000 square feet of land disturbance, or development that encroaches onto the
landward 50 feet of the 100-foot buffer area. The calculations of a minor assessment will
demonstrate that the remaining buffer area and necessary best management practices will
result in removal of no less than 75 percent of sediments and 40 percent of nutrients from
post development stormwater runoff. A minor assessment shall include a site drawing to
scale that shows the following:
1. Location of the components of any RPA, including the 100-foot buffer area;
2. Location and nature of the proposed improvements, including: type of paving material;
areas of clearing or grading; location of any structures, drives, or other impervious
cover; and sewage disposal systems or reserve drainfield sites;
3. Type and location of proposed best management practices to meet the required
general performance standards specified in §4.18.7;
4. Location of existing vegetation on site, including the number and type of trees and
other vegetation to be removed in the buffer to accommodate the encroachment or
modification; and
5. A revegetation plan that supplements the existing buffer vegetation in a manner that
provides for pollutant removal, erosion and runoff control.
D. Major water quality impact assessment
1. A major water quality impact assessment shall be required for any development that
exceeds 5,000 square feet land disturbance or that encroaches onto the seaward 50
feet of the 100-foot buffer area; or is located in the resource management area and is
deemed necessary by the zoning administrator.
2. The information required in this subsection D shall be considered a minimum, unless
the zoning administrator determines that some of the elements are unnecessary due to
the scope and nature of the proposed use and development of land.
3. The following elements shall be included in the preparation and submission of a major
water quality impact assessment:
(a) All of the information required in a minor water quality impact assessment, as
specified in subsection C, above;
(b) A hydrogeological element that describes existing topography, estimates of soils
characteristics and potential for erosion, hydrology of the area, impacts on
wetlands and streams, proposed mitigation measures, and a listing of requisite
permits with permit or application status.
(c) A landscape element that fully describes existing trees required to be identified as
part of a tree management plan in accordance with §4.5.9.D.1; limits of clearing
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Chapter 110. Article 4. Site Development Standards §4.18 Chesapeake Bay Preservation
§4.18.8 Water quality impact assessment
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-105
and grading; trees and indigenous vegetation that are to be preserved within the
disturbed area; measures to be taken to protect vegetation, proposed plantings,
and other vegetative measures used to enhance water quality; and a proposed
construction schedule that includes all activities related to clearing, grading, and
proposed plantings; and
(d) Such other measures as deemed necessary by the zoning administrator to ensure
the impact to water quality can be accurately predicted.
E. Submission and review requirements
1. Copies of all site drawings and other applicable information as required by subsections
C and D, above, shall be submitted to the zoning administrator for review and approval.
2. All information required in this subsection E shall be certified as complete and accurate
by a professional engineer, land surveyor, landscape architect, soil scientist, or wetland
delineator certified or licensed to practice in the state.
3. RPA boundaries shall include a jurisdictional determination or verification letter from
the U.S. Army Corps of Engineers for all Waters of the U.S.
4. Water quality impact assessments shall be prepared and submitted to the zoning
administrator in conjunction with the development review procedures outlined in
§6.13.
5. As part of any major water quality impact assessment submittal, the zoning
administrator may require review and written comments by the Chesapeake Bay local
assistance department (CBLAD). The zoning administrator should incorporate
comments made by CBLAD into the final review of the major water quality impact
assessment.
F. Evaluation procedure
1. Upon the completed review of a minor water quality impact assessment, the zoning
administrator shall determine if any proposed modification or reduction to the buffer
area is consistent with the provisions of §4.18 and make a finding based upon the
following criteria:
(a) The proposed encroachment is necessary and there is no other location on site to
place improvements without disturbing the buffer area;
(b) The impervious surface is minimized;
(c) The proposed best management practices, where required, achieve the requisite
reductions in pollutant loadings;
(d) The development, as proposed, meets the purpose and intent of §4.18;
(e) The cumulative impact of the proposed development, when considered in relation
to other development in the vicinity, both existing and proposed, will not result in
a significant degradation of water quality; and
(f) Any other information deemed necessary by the zoning administrator.
2. Upon the completed review of a major water quality impact assessment, the zoning
administrator shall determine if the proposed development is consistent with the
purpose and intent of §4.16 and make a finding based upon the following criteria:
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§4.18 Chesapeake Bay Preservation Chapter 110. Article 4. Site Development Standards
§4.18.9 Nonconforming uses and structures
Adopted 7/12/2016 Zoning Ordinance
4-106 City of Fairfax, Virginia
(a) The disturbance of any wetlands is minimized;
(b) The development will not result in significant disruption of the hydrology of the
site;
(c) The development will not result in significant degradation to aquatic life;
(d) The development will not result in unnecessary destruction of plant materials on
site;
(e) Proposed erosion and sediment control concepts are adequate to achieve the
reductions in runoff and prevent off site sedimentation;
(f) Proposed stormwater-management measures are adequate to control the
stormwater runoff to achieve the required performance standard for pollutant
control;
(g) Proposed revegetation of disturbed areas will provide optimum erosion and
sediment control benefits;
(h) The design and location of any proposed drainfield will be in accordance with the
general performance standards outlined in §4.18.7;
(i) The development, as proposed, is consistent with the purpose and intent of §4.16;
(j) The cumulative impact of the proposed development, when considered in relation
to other development in the vicinity, both existing and proposed, will not result in
a significant degradation of water quality.
3. The zoning administrator may require additional mitigation measures where potential
impacts have not been adequately addressed. Evaluation of mitigation measures will
be made by the zoning administrator based on the criteria listed above in subsections 1
and 2, above.
4. The zoning administrator shall find the proposal to be inconsistent with the purpose
and intent of §4.16 when the impacts created by the proposal cannot be mitigated.
§4.18.9. Nonconforming uses and structures
A. The lawful use of a building or structure that existed on September 17, 1990, or that exists at
the time of any amendment to §4.18, and that is not in conformity with the provisions of
§4.18 may be continued in accordance with Article 7, Nonconforming uses.
B. The zoning administrator may grant an administrative waiver for remodeling or alteration to
an existing nonconforming principal or accessory structure provided that:
1. There will be no increase in nonpoint source pollution load; and
2. Any development or land disturbance exceeding an area of 2,500 square feet complies
with all erosion and sediment control requirements of §4.17.
C. The zoning administrator may grant an administrative waiver for expansion, restoration or
replacement of an existing nonconforming principal structure provided that:
1. If a nonconforming structure is destroyed or damaged in any manner, it shall be
restored only if such use complies with the requirements of §4.18. Any such repair or
restoration shall be commenced within 12 months and completed within 18 months
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Chapter 110. Article 4. Site Development Standards §4.18 Chesapeake Bay Preservation
§4.18.10 Exemptions
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-107
from the date of destruction. If the repairs are not completed within 18 months of the
date of destruction, the applicant shall file a request for an extension with the zoning
administrator. Approval of the request will be subject to demonstration by the
applicant that reconstruction by the applicant was pursued in good faith.
2. The cost of land or any factors other than the cost of the structure are excluded in the
determination of cost of restoration for any structure determined to be
nonconforming.
D. The zoning administrator may grant an administrative waiver only after making the required
written findings outlined in §4.18.11.D.
E. Administrative waivers shall become null and void 12 months from the date issued if no
substantial work has commenced.
§4.18.10. Exemptions
The following uses shall be exempt from the criteria contained in §4.18:
A. Construction, installation, operation and maintenance of electric, natural gas, fiber-optic,
telephone transmission lines, railroads, public roads, public trails, and their appurtenant
structures; provided that said construction, installation, operation and maintenance is in
accordance with the Erosion and Sediment Control Law (Code of Virginia, § 10.1-560 et seq.)
and the Stormwater Management Act (Code of Virginia, § 10.1-603.1 et seq.). An erosion and
sediment control plan and a stormwater management plan approved by the state
department of conservation and recreation, or local water quality protection criteria at least
as stringent as the above state requirements shall be deemed to constitute compliance with
this provision. The exemption of public roads is further conditioned on the optimization of
the road alignment and design, consistent with other applicable requirements, to prevent or
otherwise minimize both encroachment into the RPA and adverse effects on water quality.
B. Construction, installation and maintenance of water, sewer, natural gas, and underground
telecommunications and cable television lines [owned, permitted, or both, by the city or
regional service authority], provided that:
1. Such utilities and facilities shall be located outside the RPA to the degree possible;
2. No more land shall be disturbed than is necessary to provide for the proposed utility
installation;
3. All construction, installation and maintenance of such utilities and facilities shall be in
compliance with all applicable state and federal permits and designed and conducted
in a manner that protects water quality; and
4. Any land disturbance exceeding an area of 2,500 square feet complies with all erosion
and sediment control requirements.
C. The following land disturbances within the RPA shall be exempted from §4.18: (i) water wells;
(ii) passive recreation facilities, such as boardwalks, trails, and pathways; and (iii) historic
preservation and archaeological activities, provided that it is demonstrated to the satisfaction
of the zoning administrator that:
1. Any required permits, except those to which this exemption specifically applies, shall
have been issued;
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§4.18 Chesapeake Bay Preservation Chapter 110. Article 4. Site Development Standards
§4.18.11 Administrative waivers and special exceptions
Adopted 7/12/2016 Zoning Ordinance
4-108 City of Fairfax, Virginia
2. Sufficient and reasonable proof is submitted that the intended use will not deteriorate
water quality;
3. The intended use does not conflict with nearby planned or approved uses; and
4. Any land disturbance exceeding an area of 2,500 square feet shall comply with all city
erosion and sediment control requirements.
§4.18.11. Administrative waivers and special exceptions
A. Administrative waivers
The following administrative waivers may be granted by the zoning administrator:
1. Encroachments into the landward 50 feet of the buffer component of the RPA,
provided that the requirements of §4.18.7.D.2 or §4.18.7.D.3 and §4.18.8.F are met;
2. Remodeling and alterations to existing nonconforming principal or accessory
structures, provided that the requirements of §4.18.9.B.1 are met;
3. Restoration or replacement of existing nonconforming principal or accessory structures
provided that the requirements of §4.18.9.B.2 are met; or
4. Modifications and additions to existing legal principal structures provided the findings
of §4.18.11.D are made.
B. Special exceptions
Special exceptions to the general performance criteria for resource management and
resource protection areas detailed in §4.18.7 may be granted by the city council provided the
findings of §4.18.11.D are made.
C. Waivers and exceptions
Administrative waivers and special exceptions may not be granted for new accessory
structures.
D. Required findings
In granting an administrative waiver or a special exception, the zoning administrator or the
city council shall make a written finding that:
1. The request is the minimum necessary to afford relief;
2. Granting the request will not confer upon the applicant any special privileges that are
denied by §4.18 to other property owners who are subject to its provisions and who
are similarly situated;
3. The request is in harmony with the purpose and intent of this §4.18 and is not of
substantial detriment to water quality;
4. The request is not based upon conditions or circumstances that are self-created or self-
imposed; and
5. Reasonable and appropriate conditions shall be imposed, as warranted, that will
prevent the allowed activity from causing a degradation of water quality.
E. Administrative waiver process
1. The applicant shall submit an administrative waiver request to the zoning
administrator. The request shall identify the potential impacts of the waiver on water
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Chapter 110. Article 4. Site Development Standards §4.18 Chesapeake Bay Preservation
§4.18.12 Violations and penalties
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-109
quality and on lands within the resource protection area through the performance of a
water quality impact assessment that complies with the provisions of §4.18.8.
2. The zoning administrator shall review the administrative waiver request and the water
quality impact assessment and may grant the waiver with such conditions and
safeguards as deemed necessary to ensure and further the purpose and intent of
§4.18.
3. If the zoning administrator cannot make the required findings or denies the
administrative waiver request, the zoning administrator shall provide written findings
and rationale for the decision to the applicant. Denial by the zoning administrator may
be appealed to the board of zoning appeals pursuant to §6.21.
F. Special exception process
1. The applicant shall submit a special exception request to the zoning administrator. The
request shall identify the potential impacts of the special exception request on water
quality and on lands within the resource protection area through the performance of a
water quality impact assessment that complies with the provisions of §4.18.8.
2. Each special exception request shall be reviewed by the zoning administrator and
scheduled for public hearing before the city council following notification of the
affected public of any such exception requests in accordance with Code of Virginia, §
15.2-2204, except that only one hearing shall be required.
3. Special exceptions shall be granted with such conditions and safeguards as deemed
necessary, pursuant to §6.17, to ensure and further the purpose and intent of §4.18,
provided the findings of §4.18.11.D are met.
§4.18.12. Violations and penalties
A. The decisions of all departments, officials and public employees of the city that are vested
with the duty or authority to issue permits or licenses shall conform to the provisions of
§4.18. They shall issue permits for uses, buildings or purposes only when they are in harmony
with the provisions of §4.18. Any such permit, if issued in conflict with the provisions of
§4.18, shall be null and void.
B. The zoning administrator is granted all necessary authority on behalf of the city council to
administer and enforce §4.18, including the authority in righting or remedying any condition
found in violation of §4.18, and the bringing of legal action to secure compliance with §4.18,
including injunctive abatement, the imposition of civil penalties, or other appropriate action
or proceeding.
§4.18.13. Appeals
Any order, determinations or decision made by the zoning administrator in administration and
enforcement of the provisions of §4.18 may be appealed to the board of zoning appeals where it
is alleged that an ER occurred. Such appeal shall be made within 30 days from the date of the
order, determination or decision and shall further state with particularity the grounds of such
appeal. Appeals shall further be made in accordance with §6.21 and Code of Virginia, § 15.1-2311.
§4.18.14. Definitions
For the purposes of §4.18, the following words and phrases shall have the meanings respectively
ascribed to them by §4.18 unless the context clearly indicates otherwise:
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§4.18 Chesapeake Bay Preservation Chapter 110. Article 4. Site Development Standards
§4.18.14 Definitions
Adopted 7/12/2016 Zoning Ordinance
4-110 City of Fairfax, Virginia
EROSION IMPACT AREA: An area of land not associated with current land disturbing activity but subject
to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into
state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or
less used for residential purposes or to shorelines where the erosion results from wave action or
other coastal processes.
LAND DISTURBING ACTIVITY: Any land change which may result in soil erosion from water or wind and
the movement of sediments into state waters or onto lands in the state, including, but not limited
to, clearing, grading, excavating, transporting, and filling of land, except that the term shall not
include: (1) Minor land disturbing activities such as home gardens and individual home
landscaping, repairs and maintenance work; (2) Individual service connections; (3) Installation,
maintenance, or repair of any underground public utility lines when such activity occurs on an
existing hard surfaced road, street or sidewalk provided the land disturbing activity is confined to
the area of the road, street or sidewalk which is hard surfaced; (4) Septic tank lines or drainage
fields unless included in an overall plan for land disturbing activity relating to construction of the
building to be served by the septic tank system; (5) Surface or deep mining; (6) Exploration or
drilling for oil and gas including the well site, roads, feeder lines and off-site disposal areas; (7)
Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot
operations; including engineering operations as follows: construction of terraces, terrace outlets,
check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour
cultivating, contour furrowing, land drainage and land irrigation; however, this exception shall not
apply to harvesting of forest crops unless the area on which harvesting occurs is reforested
artificially or naturally in accordance with the provisions of Code of Virginia, § 10.1-1100 et seq., or
is converted to bona fide agricultural or improved pasture use as described in Code of Virginia, §
10.1-1163(B); (8) Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities
and other related structures and facilities of a railroad company; (9) Agricultural engineering
operations including but not limited to the construction of terraces, terrace outlets, check darns,
desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act
(Code of Virginia, § 10.1-604 et seq.), ditches, strip cropping, lister furrowing, contour cultivating,
contour furrowing, land drainage and land irrigation; (10) Disturbed land areas of less than 10,000
square feet in size; however, the governing body may reduce this exception to a smaller area of
disturbed land or qualify the conditions under which this exception shall apply; (11) Installation of
fence and sign posts or telephone and electric poles and other kinds of posts or poles; (12) Shore
erosion control projects on tidal waters when the projects are approved by local wetlands boards,
the state marine resources commission or the United States Army Corps of Engineers; and (13)
Emergency work to protect life, limb or property, and emergency repairs; however, if the land
disturbing activity would have required an approved erosion and sediment control plan, if the
activity were not an emergency, then the land area disturbed shall be shaped and stabilized in
accordance with the requirements of the plan-approving authority.
OWNER: The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or
vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or
corporation in control of a property.
PERMITTEE: The person to whom the permit authorizing land disturbing activities is issued or the person
who certifies that the approved erosion and sediment control plan will be followed.
PERSON: Any individual, partnership, firm, association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utility, cooperative, county, city, town, or
other political subdivision of the State, any interstate body, or any other legal entity.
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Chapter 110. Article 4. Site Development Standards §4.18 Chesapeake Bay Preservation
§4.18.14 Definitions
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 4-111
PLAN-APPROVING AUTHORITY: The person responsible for determining the adequacy of a conservation
plan submitted for land disturbing activities on a unit or units of lands and for approving plans.
RESPONSIBLE LAND DISTURBER: A person from the project team or development team who will be in
charge of and responsible for carrying out the land-disturbing activity for the project, and who
holds a responsible land disturber certificate as governed by the Virginia Department of
Conservation and Recreation.
STATE WATERS: All waters on the surface and under the ground wholly or partially within or bordering
the state or within its jurisdiction
THE ACT: The Chesapeake Bay Preservation Act (Code of Virginia, § 10.1-2100 et seq.)
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§4.18 Chesapeake Bay Preservation Chapter 110. Article 4. Site Development Standards
§4.18.14 Definitions
Adopted 7/12/2016 Zoning Ordinance
4-112 City of Fairfax, Virginia
THIS PAGE INTENTIONALLY BLANK
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Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 5-1
Article 5. Decision-Making Bodies and Officials
§5.1. CITY COUNCIL
§5.1.1. Powers and duties
In execution of the provisions of this chapter, the city council shall have the following powers and
duties, and those provided in the Code of Virginia. (See also the city charter and chapter 5 of the
City Code.)
A. Appointments
The city council shall have the responsibility of appointing members of the planning
commission and the board of architectural review, pursuant to the provisions of the City
Code.
B. Final decisions
The city council shall be responsible for making final decisions on the following:
1. Text amendments (§6.3);
2. Zoning map amendments (rezoning) (§6.4);
3. Certificates of appropriateness, major (alternative)(§6.5);
4. Planned development reviews (§6.6);
5. Special use permits (§6.7);
6. Special exceptions (alternative) (§6.17); and
7. Variances (alternative) (§6.18).
8. Appeals to city council (§6.22); and
9. Other final decisions as may be specified in this chapter.
§5.2. PLANNING COMMISSION
§5.2.1. Establishment and composition
The planning commission is established and composed pursuant to the City Code, and the Code of
Virginia. (See also Chapter 2 Article V Division 2 of the City Code.)
§5.2.2. Rules of operation
A. Bylaws
The planning commission shall adopt bylaws, which may be amended from time to time.
B. Meetings
The planning commission shall hold regularly scheduled meetings. All meetings and hearings
of the commission shall be open to the public, except as otherwise provided by law. The
chairman of the commission, or in his absence the acting chairman, may administer oaths
and compel the attendance of witnesses.
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§5.3 Board of Zoning Appeals Chapter 110. Article 5. Decision-Making Bodies and Officials
§5.2.3 Powers and duties
Adopted 7/12/2016 Zoning Ordinance
5-2 City of Fairfax, Virginia
C. Records and minutes
The planning commission shall keep minutes of its proceedings and other official actions,
which shall be filed in the office of community development and planning and shall be public
records.
§5.2.3. Powers and duties
In execution of the provisions of this chapter, the planning commission shall have the following
power and duties.
A. General authority
The planning commission shall exercise additional powers as may be described elsewhere in
this chapter and as permitted by the Code of Virginia.
B. Recommendations
1. The planning commission shall make recommendations regarding the following:
(a) Text amendments (§6.3);
(b) Zoning map amendments (rezoning) (§6.4); and
(c) Planned development reviews (§6.6).
2. In making a recommendation on any application, the planning commission shall be
authorized to comment on any aspect of the application.
§5.3. BOARD OF ZONING APPEALS
§5.3.1. Establishment and composition
A board of zoning appeals is hereby established. The membership shall consist of five members
appointed pursuant to Code of Virginia, § 15.2-2308.
§5.3.2. Rules of operation
A. Bylaws
The board of zoning appeals shall adopt bylaws, which may be amended from time to time,
provided that the concurring vote of a majority of the membership of the board shall be
necessary to reverse any order, requirement, decision or determination of an administrative
officer or to decide in favor of the applicant on any matter upon which it is required to pass
under this chapter or to effect any variance from this chapter.
B. Meetings
The board of zoning appeals shall hold regularly scheduled meetings. All meetings and
hearings of the board shall be open to the public, except as otherwise provided by law. The
chairman of the board, or in his absence the acting chairman, may administer oaths and
compel the attendance of witnesses.
C. Records and minutes
The board of zoning appeals shall keep minutes of its proceedings and other official actions,
which shall be filed in the office of the zoning administrator and shall be public records.
§5.3.3. Powers and duties
The board of zoning appeals shall have the following powers and duties:
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Chapter 110. Article 5. Decision-Making Bodies and Officials §5.4 Board of Architectural Review
§5.4.1 Established
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 5-3
A. General authority
The board of zoning appeals shall exercise additional powers as may be described elsewhere
in this chapter and as permitted by the Code of Virginia.
B. Final decisions
Except as otherwise specified herein, the board of zoning appeals shall be responsible for
final decisions regarding the following:
1. Special exceptions (§6.17);
2. Variances (§6.18); and
3. Administrative appeals (§6.21).
C. Notifications and records
1. Required notifications
The board of zoning appeals shall notify, in writing, the applicant for a variance request
that the issuance of a variance to construct a structure below the 100-year flood
elevation:
(a) Increases the risks to life and property; and
(b) May result in increased premium rates for flood insurance.
2. Official records
The board of zoning appeals shall maintain records of the above notifications as well as
all variance actions, including justification for the issuance of the variances. The annual
or biennial report submitted to the federal insurance administrator shall note any
variances, which are issued during the period covered by the report.
§5.4. BOARD OF ARCHITECTURAL REVIEW
§5.4.1. Established
A. There is hereby established a board of architectural review, which shall be composed of
seven members appointed by the city council. Such members shall be city residents, provided
that if no city residents meeting the membership requirements apply to fill the vacancy, then
the city council may appoint nonresidents in accordance with the limitations established in
Section 3.6 of the City Charter. (See also Chapter 2, Section 2.8:1 of the City Charter)
B. Members shall be appointed for staggered terms of three years; provided, however, that the
term of the planning commission member shall be further limited by that member's term on
the commission. Any member of the board of architectural review may be removed from
office for cause by a two-thirds vote of the city council. Any appointment to fill a vacancy
created as a result of such a removal shall be only for the unexpired portion of the term.
§5.4.2. Membership requirements
Requirements for board of architectural review membership are established in §5.4. Standards for
demonstrating interest, competence or knowledge in historic preservation and standards for
determining professional qualifications shall be as established by the Department of Historic
Resources for the certified local government program.
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§5.5 Director of Community Development and Planning Chapter 110. Article 5. Decision-Making Bodies and Officials
§5.4.3 Officers
Adopted 7/12/2016 Zoning Ordinance
5-4 City of Fairfax, Virginia
A. All appointees shall have a demonstrated interest, competence, or knowledge in historic
preservation.
B. At least one appointee shall be an architect or architectural historian.
C. At least one additional appointee shall have professional training or equivalent experience in
architecture, history, architectural history, archeology or planning.
D. One additional appointee shall be selected from among the membership of the planning
commission.
E. One appointee shall be a businessperson in the city. In deliberating on this appointment, city
council shall solicit a list of nominations from organized business associations; however, such
appointee need not be a member of any such association.
§5.4.3. Officers
The board of architectural review shall elect a chairman and a vice-chairman from its appointed
membership. The director shall serve as secretary to the board of architectural review, but shall
not be a voting member.
§5.4.4. Bylaws
The board of architectural review shall adopt bylaws, which may be amended from time to time.
§5.4.5. Powers and duties
A. General
The board of architectural review shall have the following general powers and duties:
1. Make recommendations for the clarification and improvement of architectural
guidelines and standards;
2. Review and make recommendations regarding city projects, i.e. where the city is the
applicant; and
3. Render such other decisions and recommendations as may be provided elsewhere in
this chapter.
B. Final decisions
The board of architectural review shall be responsible for final decisions regarding the
following:
1. Certificates of appropriateness, major (§6.5)
§5.5. DIRECTOR OF COMMUNITY DEVELOPMENT AND PLANNING
§5.5.1. Designation
The director of community development and planning, as appointed by the city manager, shall
administer and enforce these zoning regulations, except as otherwise specified. In the
performance of his or her duties, the director may request the assistance of any appropriate
officer or agency of the city.
§5.5.2. Powers and duties
A. General
The director shall have powers and duties as may be described elsewhere in this chapter.
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Chapter 110. Article 5. Decision-Making Bodies and Officials §5.6 Zoning Administrator
§5.6.1 Designation
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 5-5
B. Recommendations
The director shall be responsible for making recommendations regarding the following:
1. Text amendments (§6.3);
2. Map amendments (rezoning) (§6.4);
3. Certificates of appropriateness, minor (§6.5);
4. Planned development reviews (§6.6); and
5. Special use reviews (§6.7).
§5.6. ZONING ADMINISTRATOR
§5.6.1. Designation
The zoning administrator, as appointed by the director of community development and planning
with the consent of the city manager, shall administer and enforce these zoning regulations,
except as otherwise specified. In the performance of his or her duties, the zoning administrator
may request the assistance of any appropriate officer or agency of the city.
§5.6.2. Powers and duties
A. General
The zoning administrator shall have powers and duties as may be described elsewhere in this
chapter, including interpretation of all standards, procedures and regulations contained
herein.
B. Recommendations
The zoning administrator shall be responsible for making recommendations regarding the
following:
1. Certificates of appropriateness, major (§6.5);
2. Special exceptions (§6.17); and
3. Variances (§6.18).
C. Final decisions
The zoning administrator shall be responsible for making final decisions regarding the
following:
1. Site plan reviews (§6.8);
2. Sign permits (§6.9);
3. Tree removal permits (§6.10);
4. Floodplain permits (§6.11);
5. Erosion and sediment control permits (§6.12);
6. Chesapeake Bay preservation reviews (§6.13);
7. Temporary use permits (§6.15);
8. Administrative adjustments (§6.16);
9. Zoning permits (§6.20); and
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§5.7 Director of Public Works Chapter 110. Article 5. Decision-Making Bodies and Officials
§5.7.1 Designation
Adopted 7/12/2016 Zoning Ordinance
5-6 City of Fairfax, Virginia
10. Written interpretations (§6.19).
§5.7. DIRECTOR OF PUBLIC WORKS
§5.7.1. Designation
The director of public works, as appointed by the city manager, shall administer and enforce
provisions of these zoning regulations as specified herein. In the performance of his or her duties,
the director of public works may request the assistance of any appropriate officer or agency of the
city.
§5.7.2. Powers and duties
A. General
The director of public works shall have powers and duties as may be described elsewhere in
this chapter.
B. Recommendations
The director of public works shall be responsible for making technical recommendations
regarding the following:
1. Site plan reviews (§6.8);
2. Floodplain permits (§6.11);
3. Erosion and sediment control permits (§6.12);
4. Chesapeake Bay preservation reviews (§6.13).
§5.8. VSMP AUTHORITY
§5.8.1. Designation
The VSMP Authority, properly trained by the state and working under the director of public works,
shall administer and enforce provisions of these zoning regulations as specified herein. In the
performance of his or her duties, the VSMP may request the assistance of any appropriate officer
or agency of the city.
§5.8.2. Powers and duties
A. General
The VSMP authority shall have powers and duties as may be described elsewhere in this
chapter.
B. Final decisions
The VSMP authority shall be responsible for making final decisions regarding the following:
1. Stormwater permit reviews (§6.14
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Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-1
Article 6. Development Review
§6.1. SUMMARY OF REVIEW AUTHORITY
The following table summarizes review and approval authority under this chapter.
PROCEDURE
DIRECTOR
OF
COMMUNITY
DEVELOP-
MENT AND
PLANNING
DIRECTOR
OF PUBLIC
WORKS
ZONING
ADM.
PLANNING
COMMISSION
CITY
COUNCIL
BOARD OF
ARCHITEC-
TURAL
REVIEW
BOARD OF
ZONING
APPEALS REF.
Text Amendments Review <Review> <Decision> §6.3
Map Amendments (Rezoning) Review <Review> <Decision> §6.4
Certificates of
Appropriateness
Minor Decision §6.5 Major Review Decision* Decision
Planned Development Reviews Review <Review> <Decision> §6.6
Special Use Reviews Review <Decision> §6.7
Site Plan Reviews Review Decision §6.8
Sign Permits Decision §6.9
Tree Removal Permits Decision §6.10
Floodplain Permits Review Decision §6.11
Erosion/Sediment Control
Permits Review Decision §6.12
Chesapeake Bay Preservation
Reviews Review Decision §6.13
Stormwater Permit
(VSMP
Authority)
Decision
§6.14
Temporary Use Permits Decision §6.15
Administrative Adjustments Decision §6.16
Special Exceptions Review <Decision>
* <Decision> §6.17
Variances Review <Decision>
* <Decision> §6.18
Written Interpretations Decision §6.19
Zoning Permits Decision §6.20
Administrative Appeals <Decision> §6.21
Appeals to City Council <Decision> §6.22
Appeals to Court §6.23
<Public Hearing Required>
* Alternative City Council approval procedure available. The board of zoning appeal approves all special exceptions in the RL, RM and RH districts.
§6.2. COMMON REVIEW PROCEDURES
§6.2.1. Pre-application meeting
A. Before submitting an application required by this chapter, each applicant may hold a pre-
application meeting with the zoning administrator, the director of community development
and planning, or other applicable review official(s), or with decision-making bodies
(separately or jointly) to discuss the procedures, standards and regulations required for
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§6.2 Common Review Procedures Chapter 110. Article 6. Development Review
§6.2.2 Application processing cycles
Adopted 7/12/2016 Zoning Ordinance
6-2 City of Fairfax, Virginia
development approval in accordance with this chapter. There shall be no discussion of
proffers at any pre-application meeting.
B. No official action shall be taken at such meeting and no commitments shall be made by the
city or any agency thereof at such meeting.
C. A pre-application meeting shall be required for each of the following:
1. Map amendments (rezoning) (§6.4);
2. Planned development reviews (§6.6);
3. Special use reviews (§6.7);
4. Site plan reviews (§6.8);
5. Certificates of appropriateness (§6.5); and
6. Special exceptions (§6.17).
§6.2.2. Application processing cycles
The zoning administrator may promulgate processing cycles for:
A. Deadlines for receipt of complete applications;
B. Dates of regular meetings; and
C. The scheduling of staff reviews and staff reports on complete applications.
§6.2.3. Application requirements
A. Forms
Applications required under this chapter shall be submitted on application forms and in such
numbers as required by the zoning administrator. (See also §6.1) The application form for
each development review procedure shall establish the minimum information required for
that procedure.
B. Proof of ownership
All applications required under this chapter shall include satisfactory proof of ownership in
accordance with the Code of Virginia. Such proof may include identification of the property
owner, along with the book and page where the deed records are recorded on the plat.
1. All applications shall include the name and signature of the current property owner(s)
of all property within the boundaries; or
2. Where the owner is not the applicant, the review official shall require an applicant to
present evidence that the applicant is an authorized agent of the owner. Contract
purchasers of property shall submit a written power of attorney signed by the owner.
C. Content
1. An application shall be sufficient for processing when it contains all of the information
necessary to decide whether or not the development as proposed will comply with the
applicable requirements of this chapter.
2. The burden of demonstrating that an application complies with applicable review and
approval criteria is on the applicant. The burden is not on the city or other parties to
show that the standards or criteria have not been met.
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Chapter 110. Article 6. Development Review §6.2 Common Review Procedures
§6.2.3 Application requirements
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-3
3. Each application is unique and, therefore, more or less information may be required
according to the needs of the particular case. Information needs tend to vary
substantially from application to application and to change over time as result of code
amendments and review procedure changes. Staff has the flexibility to specify
submission requirements for each application and to waive requirements that are
irrelevant to specific situations. The applicant shall rely on the review official as to
whether more or less information should be submitted.
D. Fees
1. All applications shall be accompanied by the associated filing fee and shall be filed with
the applicable review official or body.
2. Filing fees shall be established from time to time by resolution of the city council to
cover all actual costs associated with the processing of applications. Such costs shall
include but not be limited to all costs associated with application review and the
provision of required public notices. (See § 15.2-2286(A)(6), Code of Virginia, for more
information.)
3. Filing fees are not refundable except where an application was accepted in error, the
fee paid exceeded the amount due, or where an application is withdrawn by the
applicant in writing prior to any significant expenditure of time reviewing the
application and prior to publication of any notices.
E. Completeness review
1. Applications will be reviewed for completeness within five business days of submission.
Applications not reviewed as required by this subsection E within five business days of
submission shall be deemed submitted and the review process shall begin.
2. Other than situations covered by §6.2.3.E.1, above, an application shall be considered
submitted only after the applicable review official certifies that it is complete, provided
in the required form, includes all mandatory information as may be required by the
review official, and is accompanied by the applicable fee.
3. If an application does not include all of the required information it will be deemed
incomplete. If an application includes all of the required information it will be deemed
complete. If an application is deemed to be incomplete, the review official shall contact
the applicant and provide a written explanation of the application’s deficiencies. No
further processing of the application shall occur until the deficiencies are corrected.
4. If the deficiencies are not corrected by the applicant within 60 business days, the
application shall be considered withdrawn. If an application is deemed withdrawn
because of failure to correct application deficiencies, notice shall be sent to the
applicant.
5. All applications must be certified complete at least 21 days prior to a public hearing,
unless otherwise allowed by the review official.
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§6.2 Common Review Procedures Chapter 110. Article 6. Development Review
§6.2.4 Application processing
Adopted 7/12/2016 Zoning Ordinance
6-4 City of Fairfax, Virginia
§6.2.4. Application processing
A. Referrals
The zoning administrator shall forward complete applications submitted under this article to
such other public officials and agencies as required by law or as deemed appropriate for
further review.
B. Timely staff reports and final actions
1. Review officials and agencies shall submit written reports containing recommendations
on each application to the zoning administrator within 30 days of receipt of a complete
application.
2. Where final action is the responsibility of the zoning administrator, such final decision
or determination shall be made within 90 days of such request unless the applicant has
agreed to a longer period.
C. Concurrent applications
1. If approved by the applicable review officials, applications for development approvals
may be submitted and reviewed concurrently, provided that:
(a) Any application that also requires a variance or legislative approval [i.e., text
amendments, map amendments (rezoning), planned development reviews] shall
not be eligible for final approval until the variance and/or legislative approval has
been granted; and
(b) No site plan shall be approved before any necessary rezoning, including planned
development rezoning, is approved.
2. Applications submitted concurrently are subject to approval of all other related
applications; disapproval of any concurrently submitted application shall stop
consideration of any related applications until the denied or disapproved application is
resolved.
D. Continuation of public hearings
1. A public hearing for which proper notice was given may be continued to a later date
without providing additional notice as long as the continuance is set for specified date
and time and that date and time is announced at the time of the continuance.
2. If a public hearing is tabled or deferred for an indefinite period of time or postponed
more than three months from the date of the originally scheduled public hearing, new
public notice shall be given, in accordance with the notice requirements of the
respective procedure, before the rescheduled public hearing.
E. Burden of proof or persuasion
In all cases, the burden is on the applicant to show that an application complies with
applicable approval criteria.
F. Conditions of approval
When the procedures of this article allow decision-making bodies or officials to recommend
or to approve applications with conditions, the conditions shall relate to a situation created
or aggravated by the proposed use or development. When conditions are imposed, a project
will not be deemed approved until the applicant has complied with all of the conditions.
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Chapter 110. Article 6. Development Review §6.2 Common Review Procedures
§6.2.5 Notice and public hearings
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-5
Surety in a form acceptable to the city attorney may be required to ensure compliance with
the conditions.
G. Decisions
Unless specifically provided elsewhere, all final decisions by decision-making bodies,
including map amendments (rezoning), text amendments, planned development reviews,
special use reviews, special exceptions, variances, administrative appeals and appeals to city
council, shall require an affirmative vote. Tie votes shall be considered denials of any
requested change.
H. Notice of decision
1. Within five days after final decisions are made on applications submitted pursuant to
this article, a written copy of the decisions shall be sent by first class mail or delivered
to the applicant and filed with the director, where it shall be available for public
inspection during regular office hours.
2. If an administrative application or request (i.e. nonlegislative) is denied, the review
body or official shall provide the denial in writing and supported by substantial
evidence contained in a written record.
I. Inactive files
For inactive files, the zoning administrator may notify the applicant and applicant's agent in
writing that a file has been closed when the file has been inactive for a period of time equal
to or exceeding 12 months. The period of inactivity shall be measured from the time staff
issued comment or correspondence that requires revision to the application or some
affirmative act in response by the applicant but no subsequent revisions or affirmative act
toward approval of the application has been made. Requests for action after a file has been
declared inactive and the applicant has been notified require resubmittal as a new
application. Review fees and cost of publication are required to be paid as part of the
resubmittal.
§6.2.5. Notice and public hearings
A. Summary of notice requirements
Notice shall be required for applications as shown below, except as otherwise specified.
Unless otherwise stated, all notice requirements shall be the city’s responsibility.
DEVELOPMENT REVIEW TYPE PUBLISHED MAILED POSTED REFERENCE
Text amendments
Affecting more than 25 parcels
§6.3 Decreasing density
Affecting 25 or fewer parcels
Map amendments (rezoning)
Affecting more than 25 parcels
§6.4 Decreasing density
Affecting 25 or fewer parcels
Planned development reviews Affecting more than 25 parcels §6.6 Affecting 25 or fewer parcels
Special use reviews §6.7
Special exceptions §6.17
Variances §6.18
Administrative appeals §6.21
Appeals to city council §6.22
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§6.2 Common Review Procedures Chapter 110. Article 6. Development Review
§6.2.5 Notice and public hearings
Adopted 7/12/2016 Zoning Ordinance
6-6 City of Fairfax, Virginia
B. Public notice requirements
1. Published notice
(a) Where published notice is required, notice of public hearing shall be published
once a week for two successive weeks in a newspaper published or having general
circulation within the city. The advertised hearing shall be held not less than five
or more than 21 days, after the second advertisement shall appear in such
newspaper. The term "two successive weeks" as used above shall mean that such
notice shall be published at least twice with not less than six days elapsing
between the first and second publication.
(b) Notice of public hearing before the planning commission and the city council may
be published concurrently. If a joint hearing is held, then published notice as set
forth above need be given only by the city council.
2. Mailed notice
(a) Text and map amendments
(1) 25 or fewer parcels
(i) In addition to published notice, when a proposed amendment of this
chapter involves a change in a zoning map classification of 25 or fewer
parcels of land, written notice shall be given at least five days before
the hearing to the owner(s), their agent or the occupant of each
parcel involved; to the owners, their agents or the occupants, of all
abutting property and property immediately across the street or road
from the property affected, including those parcels which lie outside
the city; and, if any portion of the affected property is within a
planned unit development, then to such incorporated property
owners’ associations within the planned unit development that have
members owning property located within 2,000 feet of the affected
property, as may be required by the commission or its agent.
(ii) Written notice sent by registered or certified mail to the last known
address of such owner as shown on the current real estate tax
assessment books or current real estate tax assessment records shall
be deemed adequate compliance with this requirement.
(2) More than 25 parcels or text amendments, decreasing allowed
density
When a proposed amendment of this chapter involves a change in the
zoning map classification of more than 25 parcels of land, or a change to the
applicable zoning ordinance text regulations that decreases the allowed
dwelling unit density of any parcel of land, then, in addition to the
advertising as above required, written notice shall be given, at least five
days before the hearing to the owner, owners, or their agent of each parcel
of land involved, provided, however, that written notice of such text
amendments shall not have to be mailed to the owner, owners, or their
agent of lots shown on an subdivision plat where such lots are less than
11,500 square feet.
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Chapter 110. Article 6. Development Review §6.2 Common Review Procedures
§6.2.5 Notice and public hearings
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-7
(i) If any portion of the affected property is within a development
governed by a property owners’ association, such notice may be sent
to the incorporated property owners’ associations, where such
association exists that has members owning property located within
2,000 feet of the affected property, as may be required.
(ii) One notice shall be sent to the last known address of such owner, as
shown on the current real estate tax assessment books, by registered
or certified mail, provided that first-class mail may be used if the staff
mailing such notices makes an affidavit that such mailings have been
made and files such affidavit with the papers in the case.
(b) Administrative adjustments
Prior to the granting of an administrative adjustment, the zoning administrator
shall give, or require the applicant to give, all adjoining property owners written
notice of the request for adjustment, and an opportunity to respond to the
request within 21 days of the date of the notice. The zoning administrator shall
make a decision on the application for adjustment and issue a written decision
with a copy provided to the applicant and any adjoining landowner who
responded in writing to the notice sent pursuant to this subsection.
(c) All other
(1) Where mailed notice is required for applications other than text or map
amendments, notice of public hearing shall be mailed by first-class mail (at
the last addresses listed for such owners in the city tax records) to all
property owners within and immediately abutting the subject property.
Where the subject property immediately adjoins public or private right-of-
way, landscape or riparian buffer, commonly-owned private area, public
property, or owners’ association property, then letters of notification shall
be sent to adjoining property owners as if they directly abut the subject
property. The staff mailing such notices shall certify to the city council that
fact, and such certificate shall be deemed conclusive.
(2) The notice shall be mailed at least 10 days prior to the date of the public
hearing.
3. Posted notice (sign)
(a) Size and type
The city will provide the sign to post on the subject property.
(b) Timing
When posted notice is required, the applicant shall post signage advertising the
public hearing posted on the property in question at least 10 days prior to the
hearing.
(c) Location
The sign shall be posted on the property or at a point visible from each adjacent
public road. Failure to have the sign posted shall not affect the legitimacy of any
action taken if other advertising requirements of this chapter and the Code of
Virginia have been met.
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§6.2 Common Review Procedures Chapter 110. Article 6. Development Review
§6.2.5 Notice and public hearings
Adopted 7/12/2016 Zoning Ordinance
6-8 City of Fairfax, Virginia
(d) Verification
The applicant shall provide photographic or otherwise acceptable evidence to
verify that the required posting occurred.
(e) Removal
The applicant shall maintain all posted sign(s) up to the time of the hearing and
shall remove all posted sign(s) no later than 10 days after the hearing.
4. Contents
Where a plan, application, ordinance or amendment is lengthy, or involves numerous
parcels, the plan, application, ordinance or amendment need not be advertised in full
but may be advertised by reference. All notices for public hearings, unless noted
otherwise, whether by mail (written notice), publication (newspaper) or posting (sign)
shall include:
(a) Time and place of public hearing
Indicate the date, time and place of public hearing at which persons affected may
appear and present their views. See also §6.2.4.D.
(b) Nature and scope
Provide a descriptive summary of the proposed action, including nature of the
change in zoning and location of the area affected.
(c) Location where materials may be inspected
Identify the place or places within the city where the public may inspect the
proposed plans, application, ordinance or amendment, staff report(s),
recommendations and related materials. All notices shall state that information is
available for public inspection during normal business hours.
5. Supplementary notice provisions
(a) When a proposed change in zoning map classification; or an application for a
change in use or to increase by greater than 50 percent of the bulk or height of an
existing or proposed building, but not including renewals of previous approvals,
involves any parcel of land located within one-half mile of a boundary of an
adjoining locality of the state, then, in addition to the notification as above
required, written notice shall also be given by the commission, at least 10 days
before the hearing to the chief administrative officer, or his/her designee, of such
adjoining locality.
(b) When an amendment of an existing plan designates or alters previously
designated corridors or routes for electric transmission lines of 150 kilovolts or
more, written notice shall also be given by the planning commission, or its
representative, at least 10 days before the hearing to each electric utility with a
certificated service territory that includes all or any part of such designated
electric transmission corridors or routes.
6. Joint hearings
Where a public hearing is required before both the city council and the planning
commission or the board of architectural review, a joint public hearing may be held
after public notice as set forth herein. When a joint public hearing is held, the required
public notice need be given only by the city council.
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Chapter 110. Article 6. Development Review §6.2 Common Review Procedures
§6.2.5 Notice and public hearings
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-9
7. Constructive notice
Minor defects in notice shall not impair the notice or invalidate proceedings pursuant
to the notice if a bona fide attempt has been made to comply with applicable notice
requirements.
RETURN TO TABLE OF CONTENTS
§6.3 Text Amendments Chapter 110. Article 6. Development Review
§6.3.1 Applicability
Adopted 7/12/2016 Zoning Ordinance
6-10 City of Fairfax, Virginia
§6.3. TEXT AMENDMENTS
§6.3.1. Applicability
Amendments to the text of this chapter shall be made in accordance with the provisions of §6.3.
§6.3.2. Initiation
A text amendment may be initiated by affirmative vote of the city council or the planning
commission.
§6.3.3. Application requirements
An application for a text amendment shall be submitted in accordance with the applicable
requirements of §6.2.3.
§6.3.4. Notice and hearings
The city shall hold all required public hearings and give notice in accordance with §6.2.5.
§6.3.5. Action by director of community development and
planning
A. The director of community development and planning shall draft
the appropriate amendment and prepare a report and
recommendation in accordance with the approval considerations
of §6.3.8.
B. The director shall forward the completed request and any related
materials to the planning commission for a recommendation.
§6.3.6. Action by planning commission
After receiving the director’s report and recommendation, the
planning commission shall review the proposed text amendment in
accordance with the approval considerations of §6.3.8, and
recommend that the city council approve, approve with modifications
or conditions, table or defer, or disapprove the proposed text
amendment.
§6.3.7. Action by city council
After receiving the planning commission’s recommendation, the city
council shall review the proposed text amendment in a public hearing
and in accordance with the approval considerations of §6.3.8 and as
otherwise required by law, and approve the text amendment,
including any appropriate changes or correction to the amendment;
disapprove the amendment; table or defer the amendment; or send the amendment back to the
planning commission for further consideration.
§6.3.8. Approval considerations
In determining whether to approve, approve with modifications or conditions, or disapprove a
proposed text amendment, the planning commission and the city council shall consider the
following, at a minimum:
A. Public necessity, convenience, and general welfare to the extent such factors are pertinent to
the subject matter of the proposed text amendment;
Staff
Review
Planning
Commission
Hearing
Initiation
Final Action
City Council
Hearing
Recommendation
Schedule
Hearings
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Chapter 110. Article 6. Development Review §6.3 Text Amendments
§6.3.9 Appeals to court
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-11
B. Whether the proposed text amendment is consistent with the comprehensive plan and the
remainder of this chapter, including, specifically, the purpose statement of §1.1.4;
C. Whether the proposed text amendment represents a new idea not considered in the existing
ordinance, or represents a revision necessitated by changing circumstances over time;
D. Whether or not the proposed text amendment corrects an error in this chapter; and
E. Whether or not the proposed text amendment revises this chapter to comply with state or
federal statutes or case law.
§6.3.9. Appeals to court
Any final decision of the city council on a text amendment may be appealed within 30 days of the
decision in accordance with §6.22.3.
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§6.4 Map Amendments (Rezoning) Chapter 110. Article 6. Development Review
§6.4.1 Applicability
Adopted 7/12/2016 Zoning Ordinance
6-12 City of Fairfax, Virginia
§6.4. MAP AMENDMENTS (REZONING)
§6.4.1. Applicability
A. Amendments to the zoning map shall be made in accordance with the provisions of §6.4. The
city council shall consider amendments to the zoning map, as may be required from time to
time.
B. Rezoning should correspond with the boundary lines of existing platted lots or parcels.
Where the boundaries of a rezoning request stop short of an exterior property line, it must
be possible to subdivide and develop that portion of the property outside the proposed
rezoning boundary in accordance with the existing zoning and other requirements of this
chapter.
§6.4.2. Initiation
A rezoning may be initiated by:
A. The affirmative vote of the city council or the planning
commission; or
B. An owner of land within the city, or an authorized agent or
representative (§6.2.3.B), may submit an application for rezoning.
§6.4.3. Pre-application meeting
Applicants submitting rezoning applications shall hold a pre-
application meeting as described in §6.2.1.
§6.4.4. Application requirements
A. An application for a rezoning shall be submitted in accordance
with §6.2.3.
B. If an applicant for rezoning wishes to submit proffers, such
proffers may be submitted as part of the application. (See also
§6.4.10)
§6.4.5. Notice and hearings
The city shall hold all required public hearings and give notice in
accordance with §6.2.5.
§6.4.6. Action by director of community development and
planning
The director of community development and planning shall review
each proposed rezoning application, including any proffers, in accordance with the approval
considerations of §6.4.9, and distribute the proposed plan to appropriate agencies and reviewers.
Based on the results of those reviews, director will provide a report and recommendation to the
planning commission and city council.
§6.4.7. Action by planning commission
After receiving the director’s report, the planning commission shall review the proposed rezoning,
including any proffers (§6.4.10), in a public hearing and in accordance with the approval
considerations of §6.4.9, and recommend that the city council approve, approve with
modifications or conditions, table or defer, or disapprove the proposed rezoning.
Staff
Review
Final Action
Planning
Commission
Hearing
City Council
Hearing
Completeness
Review
Application
Initiation
Recommendation
Schedule
Hearings
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Chapter 110. Article 6. Development Review §6.4 Map Amendments (Rezoning)
§6.4.8 Action by city council
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-13
§6.4.8. Action by city council
After receiving the planning commission’s recommendation, the city council shall review the
proposed rezoning, including any proffers (§6.4.10), in a public hearing and in accordance with the
approval considerations of §6.4.9 and as otherwise required by law, and approve, approve with
modifications, table or defer, or disapprove the proposed rezoning.
§6.4.9. Approval considerations
In determining whether to approve, approve with modifications or conditions, or disapprove a
proposed rezoning, planning commission and city council shall consider any proffers, and the
following:
A. Consistency with the comprehensive plan;
B. Whether the proposed rezoning provides greater benefits to the city than would a
development carried out in accordance with the purpose for the current zoning district
(§3.2), and otherwise applicable requirements of this chapter; and
C. Suitability of the subject property for the development and uses permitted by the current
versus the proposed district; and
D. Adequacy of existing or proffered public infrastructure, including, but not limited to
transportation infrastructure, utility infrastructure, schools, public safety, and recreation and
open space.
§6.4.10. Proffers
A. Intent
The intent of §6.4.10 is to provide, pursuant to the authority granted to the city by § 15.2-
2303, Code of Virginia, a more flexible and adaptable method to cope with situations found
in such zones whereby a zoning reclassification may be allowed, subject to certain conditions
proffered by the rezoning applicant, for the protection of the community.
B. Site plan
In granting applications for rezoning, the decision-making body may accept, through
proffering or otherwise as permitted by law, development of the subject property as shown
on a proffered master development plan.
C. Proffer of conditions
An owner may voluntarily proffer reasonable conditions including cash, real property,
services, land use restrictions and other conditions, in addition to the regulations established
elsewhere in this chapter, as part of an application requesting an amendment to the zoning
district regulations or the official zoning district map(s) or a change in zoning of individual
parcel(s). In addition, all conditions proffered shall be consistent with the requirements of
the §15.2-2303, 2303.4, Code of Virginia, and any other applicable provisions of the Code of
Virginia.
D. Persons entitled to sign proffer statements
1. The proffer statement must be signed by all owners of the subject property. Agents,
contract purchasers and alike may not sign the proffer statement.
2. If the owner(s) is a corporation, limited liability company or other similar entity, written
documentation must be provided that indicates to the satisfaction of the city attorney
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§6.4 Map Amendments (Rezoning) Chapter 110. Article 6. Development Review
§6.4.10 Proffers
Adopted 7/12/2016 Zoning Ordinance
6-14 City of Fairfax, Virginia
that the person(s) signing the proffer statement is legally empowered to sign the
statement on behalf of that legal entity.
E. Procedure
Proffered conditions shall be submitted only in connection with and as an integral part of an
application for rezoning and as permitted by applicable law and shall be considered
procedurally by the city council and planning commission concurrent with each body’s
consideration of the application.
1. If an applicant for a rezoning desires to proffer reasonable conditions as permitted in
§6.4.10, then either the proffers or a statement of intent to submit proffers shall
accompany the rezoning application. Within 60 days from the date a statement of
intent to submit proffers is filed, the applicant may request a conference with the
director to discuss the proffers or any other matter relative to the application, which is
deemed pertinent by the applicant or the director.
2. The applicant shall submit proffers in writing to the director not less than 21 calendar
days prior to the first public hearing on such application before the planning
commission. The director shall file such proffers with the zoning administrator, and the
proffers shall be attached to, and made a part of the application for a rezoning. The
applicant may change the proffers or submit additional proffers provided that the
changes shall be submitted in writing no less than seven calendar days prior to the
public hearing before the planning commission, and shall be forwarded to the planning
commission for its consideration. All proffers, and any subsequent changes including
additions, shall be signed by the applicant and the property owner(s).
3. At or before the first public hearing before the planning commission, the director shall
submit recommendations for proffers and forward to the planning commission such
recommendations with the proffers proposed by the applicant.
4. The planning commission may recommend to the city council additional proffers, which
the commission deems appropriate.
5. Not less than 17 calendar days prior to the first public hearing before the city council
on the subject application, the applicant may submit additional proffers in writing to
the director; provided that such additional proffers are among those previously
recommended by the director or the planning commission. The director shall file such
additional proffers in the manner described in §6.4.10.E.2.
6. If the applicant submits additional proffers as provided for in §6.4.10.E.7 less than 17
calendar days prior to the first public hearing before the city council on the subject
application, any scheduled public hearing before the city council shall be tabled or
deferred and the costs of any additional advertising and expenses of remailing
additional notice shall be borne by the applicant.
7. If the applicant desires to submit additional proffers or amend previously submitted
proffers in a manner that will materially alter the application, the application shall be
referred to the planning commission for an additional public hearing and
recommendation, and thereafter the application shall be considered as provided in
§6.4.10. Costs of additional advertising and expenses of remailing additional notice
shall be borne by the applicant.
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Chapter 110. Article 6. Development Review §6.4 Map Amendments (Rezoning)
§6.4.11 Time lapse between similar applications
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-15
8. In the event that the city council adopts any such proffers as a part of the enactment of
an amendment to the zoning map, the zoning administrator shall indicate the existence
of such conditions when amending the zoning map by affixing the suffix "(p)" to the
zoning district designated for the subject property in any such amendment to the
zoning map (e.g., CO(p); RT(p)).
§6.4.11. Time lapse between similar applications
Except on its own initiative, the city council will not accept, hear or consider substantially the
same application for a proposed rezoning within a period of 12 months from the date a similar
application was denied, but nothing herein shall prevent the city council and planning commission
from accepting, hearing or considering, or the city council from subsequently approving a rezoning
application that is substantially the same at any time if it has been initiated the second or
subsequent time by the council itself, rather than by the planning commission or a property
owner.
§6.4.12. Appeals to court
Any final decision of the city council on a rezoning may be appealed within 30 days of the decision
in accordance with §6.22.3.
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§6.5 Certificates of Appropriateness Chapter 110. Article 6. Development Review
§6.5.1 Applicability
Adopted 7/12/2016 Zoning Ordinance
6-16 City of Fairfax, Virginia
§6.5. CERTIFICATES OF APPROPRIATENESS
§6.5.1. Applicability
Certificates of appropriateness shall be reviewed in accordance with the provisions of §6.5.
A. A certificate of appropriateness shall be required:
1. To any material change in the appearance of a building, structure, or site visible from
public places (rights-of-way, plazas, squares, parks, government sites, and similar) and
located in a historic overlay district (§3.7.2), the Old Town Fairfax Transition Overlay
District (§3.7.3), or in the Architectural Control Overlay District (§3.7.4). For purposes
of §6.5, “material change in appearance” shall include construction; reconstruction;
exterior alteration, including changing the color of a structure or substantial portion
thereof; demolition or relocation that affects the appearance of a building, structure or
site; and
2. To install, relocate or modify any sign not expressly exempt in a historic overlay district
or in the Old Town Fairfax Transition Overlay District. (See also §4.6)
B. Nothing in §6.5 shall be construed to be in conflict with any provision of this chapter that
permits the razing of unsafe structures.
§6.5.2. Exemptions
The following development shall be exempted from the requirements of §6.5:
A. Repairs, maintenance, or alteration of any feature the building official certifies is required
due to an unsafe or dangerous condition;
B. The normal repair and maintenance of any exterior architectural feature;
C. Ordinary yard maintenance in the historic districts to correct deterioration, decay or damage,
or to sustain the existing form that does not involve a change in design, material, color or
exterior appearance;
D. Repainting resulting in the same, previously approved color;
E. Replacing previously approved broken windowpanes, missing roof shingles, or missing
features with matching in-kind materials;
F. Addition or deletion of television or radio antennas, skylights, or solar collectors in locations
not visible from public places (rights-of-way, plazas, squares, parks, government sites, and
similar);
G. Any changes to a structure or site that is not visible from a public place; and
H. Modification to the text only of a previously approved sign, where the sign otherwise
conforms with all requirements of §4.6.
§6.5.3. Certificate of appropriateness types
There are two types of certificate of appropriateness with differing levels of approval required for
each. The criteria for establishing which type of certificate of appropriateness and the
corresponding level of approval for each are indicated below.
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Chapter 110. Article 6. Development Review §6.5 Certificates of Appropriateness
§6.5.4 Application requirements
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-17
A. Minor certificate of appropriateness
1. Applicability
A minor certificate of appropriateness shall include proposed changes to:
(a) Awnings, doorways, ramps, walkways, shutters, porches, railings and similar
features;
(b) Landscaping features, involving the planting of grass, trees or shrubs, minor
grading, walks, low retaining walls, fencing, street furniture, outdoor seating
areas, small fountains, and ponds;
(c) Screening for dumpsters or mechanical equipment, either on the ground or on the
structure;
(d) Exterior lighting, including poles and fixtures;
(e) Signs, except as allowed pursuant to §4.6.3;
(f) Antennas, satellite dishes or other communications devices,
skylights or similar appurtenances; and
(g) Features and changes similar to those listed above.
2. Approval authority
The director shall have authority to approve all minor certificates
of appropriateness.
B. Major certificate of appropriateness
1. Applicability
Any development requiring a certificate of appropriateness not
listed in §6.5.3.A, above, as a minor certificate of
appropriateness shall be considered a major certificate of
appropriateness.
2. Approval authority
(a) General
Except as specified in §6.5.3.B.2(b), below, the board of
architectural review shall have authority to approve major
certificates of appropriateness.
(b) Alternative (in conjunction with other reviews)
Alternatively, and in conjunction with special use reviews, planned development
reviews, special exceptions or map amendments (rezoning), the city council may
approve major certificates of appropriateness.
§6.5.4. Application requirements
Applications for a certificate of appropriateness shall be submitted in accordance with §6.2.3.
§6.5.5. Action by director
The director shall review applications for certificates of appropriateness compliance with the
approval criteria of §6.5.7. Based on the results of the review, the director shall take final action
Staff
Review
Final Action
Decision-
making Body
Meeting
Completeness
Review
Application
Initiation
Recommendation
RETURN TO TABLE OF CONTENTS
§6.5 Certificates of Appropriateness Chapter 110. Article 6. Development Review
§6.5.6 Action by decision-making body
Adopted 7/12/2016 Zoning Ordinance
6-18 City of Fairfax, Virginia
on minor certificates of appropriateness, and shall prepare a report and recommendation to the
decision-making body on major certificates of appropriateness.
§6.5.6. Action by decision-making body
A. General (involving other review by city council)
After receiving the director’s report on proposed certificates of appropriateness, which do
not involve other reviews described below, the board of architectural review (BAR) shall
review the proposed certificates of appropriateness in accordance with the approval criteria
of §6.5.7. The BAR may request modifications of applications in order that the proposal may
better comply with the approval criteria. Following such review, the BAR may approve,
approve with modifications or conditions, or disapprove the certificate of appropriateness
application, or it may table or defer the application.
B. Other reviews
1. Prior to taking action on special use reviews, planned development reviews, and map
amendments (rezoning), the city council shall refer proposed certificates of
appropriateness to the BAR for review in accordance with the approval criteria of
§6.5.7.
2. In conjunction with special use reviews, planned development reviews, special
exceptions and map amendments (rezoning), the city council may review the proposed
certificate of appropriateness in accordance with the approval criteria of §6.5.7. The
city council may request modifications of applications in order that the proposal may
better comply with the approval criteria. Following such review, the city council may
approve, approve with modifications or conditions, or disapprove the certificate of
appropriateness application, or it may table or defer the application.
§6.5.7. Approval criteria
A. General
1. Certificate of appropriateness applications shall be reviewed for consistency with the
applicable provisions of this chapter, any adopted design guidelines, and the
community appearance plan.
2. Approved certificates of appropriateness shall exhibit a combination of architectural
elements including design, line, mass, dimension, color, material, texture, lighting,
landscaping, roof line and height conform to accepted architectural principles and
exhibit external characteristics of demonstrated architectural and aesthetic durability.
B. Demolition criteria for certificates in historic overlay districts
Any or all of the following criteria shall be considered in the review of applications for
certificate of appropriateness to demolish a building or structure in the historic overlay
districts of §3.7.2:
1. Whether or not the building or structure embodies distinctive characteristics of a type,
period, style, method of construction, represents the work of a master, possesses high
artistic values or is associated with events that make a significant contribution to the
broad local history or is associated with historically significant persons;
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Chapter 110. Article 6. Development Review §6.5 Certificates of Appropriateness
§6.5.7 Approval criteria
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-19
2. Whether or not the building or structure contributes visible architectural value to and
provides historic continuity with properties within the same block, including both sides
of the street, and the view shed;
3. Whether the building or structure is of such age, authenticity and unusual or
uncommon design, setting, workmanship, and materials, and whether such design,
quality and workmanship and traditional materials could be reproduced;
4. Specific plans for the site should the building or structure be demolished and the
architectural compatibility of those plans and uses with properties within the same
block, including both sides of the street and the view shed;
5. Whether it is economically and practically feasible in the opinion of a qualified
structural engineer and/or building trades professional to preserve or restore the
building or structure;
6. Whether the property owner can make alternate, economically viable uses of the
property;
7. Whether relocation may be appropriate and feasible as an alternative to demolition;
8. Whether the existing structure is suited to or can be adapted to a proposed change in
land use; and
9. Whether the structure or building is a contributing or noncontributing resource within
the historic overlay districts of §3.7.2:
C. Relocation criteria for certificates in historic overlay districts
Any or all of the following criteria shall be considered in the review of applications for
certificate of appropriateness to relocate a building or structure in the historic overlay
districts of §3.7.2:
1. Whether or not the building or structure embodies distinctive characteristics of a type,
period, style, method of construction, represents the work of a master, possesses high
artistic values or is associated with events that make a significant contribution to the
broad local history or is associated with historically significant persons;
2. Whether or not the building or structure contributes visible architectural value to and
provides historic continuity with properties within the same block, including both sides
of the street, and the view shed;
3. Specific plans for the site, should the building or structure be demolished; and the
architectural compatibility of those plans and uses with properties within the same
block, including both sides of the street, and the view shed;
4. Whether the structure or building can be moved without harm or damage to its
physical integrity;
5. Whether the proposed relocation area is compatible with the building or structure's
documented historic, scenic, cultural, aesthetic or architectural character in terms of
architectural style and period of construction and furthers preservation of the building
or structure and is located within the city;
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§6.5 Certificates of Appropriateness Chapter 110. Article 6. Development Review
§6.5.8 Relocate/demolish via bona fide sale procedure/criteria
Adopted 7/12/2016 Zoning Ordinance
6-20 City of Fairfax, Virginia
6. Where appropriate, relocation should be encouraged by allowing improvements to be
sold separate from the underlying property at an offering price not to exceed the fair
market value as determined according to §6.5.8;
7. Whether the structure or building is a contributing or non-contributing resource within
a historic overlay district; and
8. Whether the existing structure is suited to or can be adapted to a proposed change in
land use.
§6.5.8. Relocate/demolish via bona fide sale procedure/criteria
A. Applicability
1. In accordance with §15.2-2306, Code of Virginia, the owner of any historic landmark,
building or structure shall have the right to demolish or relocate such landmark,
building or structure if:
(a) An application to demolish or relocate via bona fide sale is submitted within one
year of the board of architectural review’s decision of denial of an application for
a certificate of appropriateness to demolish a building or structure; and
(b) The director certifies, upon the expiration of the bona fide offer to sell period
established in §6.5.8.B.1 that no valid offer to purchase the building or structure
has been made.
B. Approval criteria
1. Bona fide offer requirements
(a) Upon submission of a complete application, the director shall establish the bona
fide offer to sell period for a time period, based on a fair market value, as
prescribed below:
OFFER PRICE
TIME PERIOD FOR BONAFIED OFFER TO SALE
AT FAIR MARKET VALUE (MONTH)
Less than $25,000 3
More than $25,000, but less than $40,000 4
More than $40,000, but less than $55,000 5
More than $55,000, but less than $75,000 6
More than $75,000, but less than $90,000 7
$90,000 or more 12
(b) If at any time the seller fails to follow or maintain the bona fide offer to sell, the
time period for sale shall lapse.
(c) If the structure for sale is to be relocated, a reasonable assurance that the
structure will be preserved shall be provided.
(d) If no bona fide contract to sell has been executed at the expiration of the bona
fide offer to sell period, the owner shall provide the director an affidavit
demonstrating his good faith efforts to sell that details any inquiries and attests to
the fact that no viable purchase offer was made.
(e) The director shall certify that the owner has made a good faith effort to sell during
the bona fide offer to sell period and that no viable purchase offer was made.
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Chapter 110. Article 6. Development Review §6.5 Certificates of Appropriateness
§6.5.9 Action following approval
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-21
Upon this certification, the director shall notify the owner of his right to demolish
the structure.
2. Fair market value
Fair market value shall be considered the median price based on three separate
appraisals completed at the owner’s expense and to the satisfactory to the city's real
estate assessor. The three appraisals shall establish a median value, which shall be final
and binding.
§6.5.9. Action following approval
A. Approval of any certificate of appropriateness shall be evidenced by issuance of a certificate
of appropriateness, including any conditions, signed by the director or the chairman of the
board of architectural review. The director shall keep a record of decisions rendered.
B. The applicant shall be issued the original of the certificate, and a copy shall be maintained on
file in the director's office.
§6.5.10. Period of validity
A certificate of appropriateness shall become null and void if no significant improvement or
alteration is made in accordance with the approved application within 18 months from the date of
approval. On written request from an applicant, the director may grant a single extension for a
period of up to six months if, based upon submissions from the applicant, the director finds that
conditions on the site and in the area of the proposed project are essentially the same as when
approval originally was granted.
§6.5.11. Time lapse between similar applications
A. The director will not accept, hear or consider substantially the same application for a
proposed certificate of appropriateness within a period of 12 months from the date a similar
application was denied, except as provided in §6.5.11.B, below.
B. Upon disapproval of an application, the director and/or board of architectural review may
make recommendations pertaining to design, texture, material, color, line, mass, dimensions
or lighting. The director and/or board of architectural review may again consider a
disapproved application if within 90 days of the decision to disapprove the applicant has
amended his application in substantial accordance with such recommendations.
§6.5.12. Transfer of certificates of appropriateness
Approved certificates of appropriateness, and any attached conditions, run with the land and are
not affected by changes in tenancy or ownership.
§6.5.13. Appeals
A. Appeals to city council
Final decisions on certificates of appropriateness made may be appealed to city council
within 30 days of the decision in accordance with §6.22.
B. Appeals to court
Final decisions of the city council on certificates of appropriateness may be appealed within
30 days of the decision in accordance with §6.23.
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§6.6 Planned Development Reviews Chapter 110. Article 6. Development Review
§6.6.1 Applicability
Adopted 7/12/2016 Zoning Ordinance
6-22 City of Fairfax, Virginia
§6.6. PLANNED DEVELOPMENT REVIEWS
§6.6.1. Applicability
A. Planned development applications shall occur in accordance with the provisions of §6.6 and
shall be considered map amendments (rezoning). Upon approval, a planned development
district, as governed by the master development plan, shall replace the underlying general
district.
B. Approval of a master development, and recording in public records of the city, shall occur
before any zoning permit or building permit is issued, and before any development takes
place in a planned development district.
§6.6.2. Pre-application meeting
All applicants submitting planned development applications shall hold
a pre-application meeting in accordance with §6.2.1.
§6.6.3. Application requirements
Applications for planned development shall be submitted in
accordance with §6.2.3. Concurrent with an application for planned
development, an applicant shall submit a master development plan in
§3.8.2.C.
A. Additional information
In addition to the information required above, the applicant shall
submit a study of the anticipated revenues to the city, the cost to
the city to maintain and serve the proposed development, and
other pertinent information pertaining to the economic feasibility
of the proposed development. Such study shall be consistent with
the format provided by the director.
B. Community benefits
Each application for planned development review must include a
written statement from the applicant describing the community
benefits of the proposed development and how the proposed
development provides greater benefits to the city than would a
development carried out in accordance with the purpose for the
current zoning district (§3.2), and otherwise applicable
requirements of this chapter.
C. Phasing schedule
If the applicant proposes to develop a planned development in phases, the application shall
contain a proposed phasing schedule.
§6.6.4. Notice and hearings
The city shall hold all required public hearings and give notice in accordance with §6.2.5.
§6.6.5. Action by director of community development and planning
The director of community development and planning shall review each proposed planned
development application, including any proffers, in accordance with the approval considerations
of §6.6.8 and distribute the proposed plan to appropriate agencies and reviewers. Based on the
Staff
Review
Final Action
Planning
Commission
Hearing
City Council
Hearing
Completeness
Review
Application
Initiation
Recommendation
Schedule
Hearings
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Chapter 110. Article 6. Development Review §6.6 Planned Development Reviews
§6.6.6 Action by planning commission
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-23
results of those reviews, director will provide a report and recommendation to the planning
commission and city council.
§6.6.6. Action by planning commission
After receiving the director’s recommendation and that of the board of architectural review,
where applicable, the planning commission shall review the proposed planned development,
including any proffers (§6.4.10), in a public hearing and in accordance with the approval
considerations of §6.6.8, and recommend that the city council approve, approve with
modifications or conditions, table or defer, or disapprove the proposed planned development.
§6.6.7. Action by city council
After receiving the planning commission’s recommendation, the city council shall review the
proposed planned development, including any proffers (§6.4.10), in a public hearing and in
accordance with the approval considerations of §6.6.8, and approve, approve with modifications
or conditions, table or defer, or disapprove the proposed planned development.
§6.6.8. Approval considerations
In determining whether to approve, approve with modifications or conditions, or disapprove a
planned development, planning commission and city council shall consider the following:
A. Whether the proposed planned development provides greater benefits to the city than
would a development carried out in accordance with the current zoning district or other
general zoning district and otherwise applicable requirements of this chapter.
B. Consistency with the comprehensive plan;
C. Consistency with the applicable requirements of this chapter, including the general
provisions of §3.8.2;
D. Compatibility of the proposed development with the adjacent community;
E. Consistency with the stated purpose of the respective planned development district in §3.8.1
and the general purposes of §3.2.3;
F. Compatible relationships between each component of the overall development;
G. The quality of design intended for each component of the project and the ability of the
overall master development plan to ensure a unified, cohesive environment at full build-out;
H. Self-sufficiency requirements for each phase of the overall project of §3.8.2.H;
I. The effectiveness with which the proposal protects and preserves the ecologically sensitive
areas within the development;
J. Adequacy of existing or proffered public infrastructure, including, but not limited to
transportation infrastructure, utility infrastructure, schools, public safety, and recreation and
open space; and
K. Whether the proposed planned development promotes the creation and preservation of
affordable housing suitable for meeting current and future needs.
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§6.6 Planned Development Reviews Chapter 110. Article 6. Development Review
§6.6.9 Action after approval
Adopted 7/12/2016 Zoning Ordinance
6-24 City of Fairfax, Virginia
§6.6.9. Action after approval
A. General
1. Upon approval of a planned development rezoning by the city council the district shall
be deemed established. The approved master development plan shall be recorded in
the public records of the city and the zoning map amended. All documents, including
the approved master development plan, shall be an integral part of the approved
proposal.
2. The approved planned development and associated master development plan shall run
with the land and shall be binding on the original applicant as well as all successors,
assigns and heirs.
B. Site plan review/subdivision
1. Approval of a planned development rezoning and master development plan does not
constitute site plan approval or subdivision approval (if the property is to be further
subdivided), except where the master development plan complies with the
requirements for and is approved by the city council as a site plan and/or preliminary
plat.
2. Property to be further subdivided shall obtain approval in accordance with the
subdivision regulations of Chapter 86. Where a preliminary plat has been approved, the
applicant may move forward to provide construction plans and a final plat.
3. Property not to be further subdivided shall obtain site plan approval as set forth in
§6.8.
§6.6.10. Time lapse between similar applications
The city council will not accept, hear or consider substantially the same application for a proposed
planned development within a period of 12 months from the date a similar application was
denied, except on its own initiative.
§6.6.11. Appeals to court
Final decisions of the city council on planned development may be appealed within 30 days of the
decision in accordance with §6.23.
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Chapter 110. Article 6. Development Review §6.7 Special Use Reviews
§6.7.1 Applicability
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-25
§6.7. SPECIAL USE REVIEWS
§6.7.1. Applicability
A. Special use review shall occur in accordance with the provisions of §6.7. Such approvals are,
authorized by the Code of Virginia, § 15.2-2286, and shall be referred to as “special use
permits.”
B. Special uses within each general use district are uses that may or may not be appropriate in a
particular district. Special use review provides the city council with the opportunity to
exercise discretionary powers in considering the establishment of certain uses that, due to
their nature, design or location, may have the potential for adverse impacts on adjacent land
uses or the health, safety or welfare of the city.
C. A special use permit shall be required for all special uses as set forth in the principal use table
(see §3.3.1). A project comprised of uses regulated by separate
rows on the table shall be reviewed using the most restrictive
process from among the proposed uses.
D. Where a use requiring an approval as a special use lies on a
separate lot, only the building containing the use and its separate
parcel shall be subject to special use review, not the entire
project. However, where the separate lot is an outparcel, the
application shall describe the relationship of the outparcel to the
remaining site.
§6.7.2. Pre-application meeting
Applicants submitting special use applications shall hold a pre-
application meeting in accordance with §6.2.1.
§6.7.3. Application requirements
Applications for a special use permits shall be submitted in accordance
with §6.2.3.
§6.7.4. Notice and hearings
The city shall hold all required public hearings and give notice in
accordance with §6.2.5.
§6.7.5. Action by director of community development and
planning
The director of community development and planning shall review each proposed special use
application in accordance with the approval considerations of §6.7.7, and distribute the proposed
plan to appropriate agencies and reviewers. Based on the results of those reviews, director will
provide a report and recommendation to the city council.
§6.7.6. Action by city council
After receiving the director’s recommendation and that of the board of architectural review,
where applicable, the city council shall review the proposed special use, in a public hearing and in
accordance with the approval considerations of §6.7.7, and approve, approve with modifications
or conditions, table or defer, or disapprove the proposed special use.
Staff
Review
Final Action
City Council
Hearing
Completeness
Review
Application
Initiation
Recommendation
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§6.7 Special Use Reviews Chapter 110. Article 6. Development Review
§6.7.7 Approval considerations
Adopted 7/12/2016 Zoning Ordinance
6-26 City of Fairfax, Virginia
§6.7.7. Approval considerations
In determining whether to approve a special use permit, the city council shall consider the
following:
A. Consistency with the comprehensive plan;
B. Compliance with all applicable requirements of this chapter;
C. The effect on the health or safety of persons residing or working in the neighborhood of the
proposed use; and
D. The effect on public welfare, property and improvements in the neighborhood.
§6.7.8. Effect of decision
Unless otherwise specified in the permit or in this chapter, a special use permit shall be valid for
an indefinite period of time, subject to the following:
A. If the special use is discontinued for any reason for a continuous period of 12 months, the
special use permit shall expire automatically and without notice.
B. A special use permit issued may be revoked by the city council, after the required notice and
hearing, if the city council determines that the owner or operator has failed to maintain and
conduct the use in accordance with the requirements of law or has failed to observe any
conditions imposed on the special use. The city council shall give the permit holder written
notice of its intent to revoke the special use permit, and, if within 10 days of receipt of the
notice the permit holder submits a request for a hearing to the city clerk, the city council
shall schedule a hearing, give the permit holder at least 10 days written notice of the hearing
date, and provide the permit holder with the opportunity to be heard prior to deciding
whether to revoke the permit.
C. The provisions for revocation of special use permits shall not be deemed to preclude any
other legal remedy with respect to violations of the provisions of this chapter or other laws.
§6.7.9. Period of validity
An approved special use permit shall expire 24 months from the date of approval unless the
proposed development is pursued as set forth below:
A. A complete building permit application has been approved and remains valid;
B. Where more than one building is to be built, the applicant may submit a series of building
permit applications. The first application shall be submitted and approved within two years
from the date that special use approval is granted. Each subsequent application shall be
submitted within 180 days from the date of issuance of a certificate of occupancy for the
previous building.
§6.7.10. Appeals to court
Final decisions by the city council on special use permits may be appealed within 30 days of the
decision in accordance with §6.23.
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Chapter 110. Article 6. Development Review §6.8 Site Plan Reviews
§6.8.1 Applicability
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-27
§6.8. SITE PLAN REVIEWS
§6.8.1. Applicability
A. Site plan review shall occur in accordance with the provisions of §6.8.
B. All proposed development not specifically exempted pursuant to §6.8.2, below, shall be
subject to the site plan review process.
C. No zoning permit may be approved prior to the approval of a site plan.
D. Temporary uses may require site plan review (See also §6.15).
§6.8.2. Exemptions
The following shall be specifically exempt from the site plan review requirements of §6.8.
A. Single-family detached dwellings and related accessory structures in the RL, RM and RH
districts;
B. Expansion of existing conforming structures by up to 10 percent
or 2,500 feet, whichever is less, in floor area, number of units or
building coverage area;
C. Accessory uses and facilities in nonresidential districts involving
structures less than 500 square feet;
D. Common amenity facilities, recreation and open space in
approved subdivisions that have less than 2,500 square feet of
associated land disturbance;
E. Addition of bicycle parking when such parking is the only new
parking being added; and
F. Public improvements made within a public right-of-way or
easement by the city of Fairfax.
§6.8.3. Site plan types
There are two types of site plans with differing levels of approval
required for each. The criteria for establishing the type of site plan
required and the corresponding level of approval for each are indicated below.
A. Minor site plans
The following shall be reviewed as minor site plans:
1. New or expanded paved areas and associated curb and gutter to support parking,
loading, trash or recycling enclosures, or similar facilities, provided that the area of the
expansion is less than 25 percent or 2,500 square feet (whichever is less) of the existing
paved area;
2. Modification of screening or landscaping materials or design;
3. Minor expansion of a building or buildings, not to exceed the lesser of 25 percent of
the floor area or 5,000 square feet beyond that which is shown on the original
approved site plan or beyond that which is shown on a subsequent site plan for an
expansion that was approved without utilizing these minor expansion provisions; or
4. Plans of development described as follows:
Staff
Review
Final Action
Application
Submittal
Completeness
Review
Zoning
Administrator
Review
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§6.8 Site Plan Reviews Chapter 110. Article 6. Development Review
§6.8.4 Pre-application meeting
Adopted 7/12/2016 Zoning Ordinance
6-28 City of Fairfax, Virginia
(a) Restriping or reconfiguring of an existing parking lot, including loading areas;
(b) Construction of trash enclosures and recycling enclosures, including installation of
concrete pads over existing pavement;
(c) Addition or modification of site lighting facilities;
(d) Installation of wheel stops, landscape islands and curb and gutter, and similar
features; or
(e) Other changes to approved site plans or to projects that are similar to and carry
no more impact than the one or more of subsection (a) through (e), above.
B. Major site plans
Major site plans shall include change of use and development not allowed by minor site plan.
§6.8.4. Pre-application meeting
Applicants submitting site plan applications shall hold a pre-application meeting in accordance
with §6.2.1.
§6.8.5. Approval authority
The zoning administrator shall be responsible for approving all site plans.
§6.8.6. Application requirements
A. An application for site plan review shall be submitted in accordance with §6.2.3, Application
requirements.
B. Each site plan shall include the delineation of:
1. Resource protection area and resource management area boundaries, if any, including
notations of the following specific state requirements:
(a) To retain an undisturbed and vegetated 100-foot wide buffer area, as specified in
subdivision 3 of 9VAC25-830-140;
(b) The permissibility of only water dependent facilities or redevelopment in resource
protection areas, including the 100-foot wide buffer area;
(c) The delineation of the buildable areas that are allowed on each lot, based on the
performance criteria specified in Part IV (9VAC25-830-120 et seq.); and
2. Front, side (interior) and side (street) yard requirements (setbacks); and any other
relevant easements or limitations regarding lot and building coverage in accordance
with the requirements of this chapter.
§6.8.7. Action by zoning administrator
After approval of a certificate of appropriateness, where applicable (§6.5), the zoning
administrator shall review each site plan review application in accordance with the approval
criteria of §6.8.8 and distribute the proposed plan to the director of public works and other
appropriate agencies and reviewers. Based on the results of those reviews, zoning administrator
will take one of the following actions: approve the site plan review application; identify those
modifications that would allow approval of the site plan review application; approve the site plan
review application with conditions; or disapprove the site plan review application.
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Chapter 110. Article 6. Development Review §6.8 Site Plan Reviews
§6.8.8 Approval criteria
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-29
§6.8.8. Approval criteria
In approving a site plan, the zoning administrator shall consider the following:
A. Minor site plans
Compliance shall be required with only those specific requirements of this chapter that are
directly related to the subject of the application.
B. Major site plans
1. Consistency with the comprehensive plan;
2. Compliance with the approved master development plan, if applicable; and
3. Compliance with all applicable requirements of this chapter.
§6.8.9. Period of validity
Approved site plans shall expire five years from the date of approval unless the proposed
development is pursued as set forth below:
A. A complete building permit application has been submitted and remains valid;
B. Where more than one building is to be built, the applicant may submit a series of building
permit applications,
1. The first application shall be submitted within five years from the date that site plan
approval is granted; and
2. Each subsequent application shall be submitted within 180 days from the date of
issuance of a certificate of occupancy for the previous building; or
C. If no building permit is required, a certificate of occupancy has been issued.
§6.8.10. Dedication and improvements
A. In the development of any property for which a site plan is required in §6.8, the applicant
shall be required to dedicate any additional right-of-way within the subject site necessary to
the width required by this city for streets adjoining the property, to install curbs and gutters
and pave all streets adjoining the property, and to install sidewalks in accordance with the
policies and requirements of City Code, Chapter 86, Subdivisions Regulations, and the public
facilities manual.
B. The applicant shall bear the costs of the installation of all on-site improvements as required
by this chapter, including provision for surface drainage, pavement, landscaping, and utilities.
Any applicant required to install or construct off-site improvements pursuant to §6.8 may,
with the approval of the zoning administrator as a condition of site plan approval, and upon a
determination by the zoning administrator that such improvements are not necessary or
desirable at the time, but will be needed in the future, make a payment in lieu of such
improvements or part thereof. The amount of any such payment shall be an amount
estimated by this city to be the actual and total installation and construction costs of such
improvements. The amount paid for a given improvement shall be considered total and
complete payment for the improvements considered, and will preclude any further
assessment of the property in the event that the city elects to install such improvements at a
later date. Full payment shall be made before any building permit or certificate of occupancy
is issued for any use shown on the site plan.
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§6.8 Site Plan Reviews Chapter 110. Article 6. Development Review
§6.8.11 Guarantees of improvements
Adopted 7/12/2016 Zoning Ordinance
6-30 City of Fairfax, Virginia
§6.8.11. Guarantees of improvements
A. Prior to the approval of any site plan, the applicant shall submit a cost estimate and time
schedule for installation of each phase of the required improvements, subject to review and
approval by the zoning administrator.
B. The city shall require a bond guaranteeing all required improvements. This bond shall be in
the amount determined by the zoning administrator. This bond shall be in cash, certified
check, or be made by a bonding/insurance company authorized to do business in Virginia.
C. As each phase of improvements is installed and inspected by the city, the bond amount shall
be reduced by the costs of the installed improvements.
D. In the event that the applicant wishes to occupy any building or any portion of any building
prior to the completion of the required site improvements, the bond guaranteeing
improvements shall be retained by the city until the remaining required improvements are
completed.
§6.8.12. As-built site plans
Prior to final release of the guarantee of improvements, a certified as-built site plan shall be filed
for the lot, phase or project. The as-built site plan may be a copy of the original approved site plan
with an affidavit attached stating that all construction has been completed in compliance with the
approved plan, or shall show all deviations from the approved plan with an affidavit attached
stating that no deviations exist except those shown. As-built site plans shall be certified by an
engineer, architect or land surveyor to the limits of his license.
§6.8.13. Inspections of required improvements
A. The construction standards for all required improvements shall conform to the requirements
of §4.1. The zoning administrator shall approve the plans and specifications for all required
improvements, and shall supervise inspection of the construction of such improvements to
assure conformity.
B. The applicant shall notify the zoning administrator not less than 24 hours prior to
undertaking construction of streets, storm sewer work and other facilities to be publicly
maintained.
C. The applicant shall provide adequate supervision of all work related to the development of
the site, 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. Prior to release of the bond required in §6.8.11, above, the zoning administrator shall
conduct an inspection to ensure compliance with the approved site plan.
§6.8.14. Transfer of site plan approvals
Approved site plans, and any attached conditions, run with the land and are not affected by
changes in tenancy or ownership.
§6.8.15. Appeals
Final decisions of the zoning administrator on site plan reviews may be appealed to the board of
zoning appeals in accordance with §6.21.
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Chapter 110. Article 6. Development Review §6.9 Sign Permits
§6.9.1 Applicability
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-31
§6.9. SIGN PERMITS
§6.9.1. Applicability
A. Sign permits shall be reviewed in accordance with the provisions of §6.9.
B. No ground-mounted, building-mounted or special sign shall be erected or replaced, or
changed or altered, including replacing any part of the support structure of a sign and
change/ alteration to the background of a sign or sign box, until the zoning administrator has
approved a permit.
C. This shall not be interpreted as to require a new sign permit for changes to the text only of a
previously permitted sign where the sign otherwise conforms with the requirements of §4.6.
§6.9.2. Application
Applications for a sign permits shall be submitted in accordance with §6.2.3.
§6.9.3. Action by zoning administrator
The zoning administrator shall review each proposed sign permit for
compliance with the approval criteria of §6.9.5. Based on the results of
the reviews, zoning administrator will take one of the following actions:
approve the sign permit, identify those modifications that would allow
approval of the sign permit, approve the sign permit with conditions, or
disapprove the sign permit.
§6.9.4. Action following approval
A permit decal issued by the zoning administrator shall be affixed to the
sign in a visible, conspicuous place.
§6.9.5. Approval criteria
Applications for sign permits shall be reviewed for compliance with the
requirements of §4.6.
§6.9.6. Period of validity
The sign permit shall be null and void if sign installation is not completed
within 12 months or the signs are not in conformance with the approved application.
§6.9.7. Temporary permits
A temporary sign permit shall be issued in accordance with §4.6, Signs, and the requirements of
§6.9.
§6.9.8. Transfer of sign permits
Approved sign permits, and any attached conditions, run with the land and are not affected by
changes in tenancy or ownership.
§6.9.9. Administrative appeals
Any final decision of the zoning administrator on a sign permit may be appealed to the board of
zoning appeals in accordance with §6.21.
Staff
Review
Final Action
Application
Submittal
Completeness
Review
Zoning
Administrator
Review
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§6.10 Tree Removal Permits Chapter 110. Article 6. Development Review
§6.10.1 Applicability
Adopted 7/12/2016 Zoning Ordinance
6-32 City of Fairfax, Virginia
§6.10. TREE REMOVAL PERMITS
§6.10.1. Applicability
A. Tree removal permits shall be reviewed in accordance with the provisions of §6.10.
B. Tree removal permits shall be required to remove or destroy any tree which is five inches or
greater measured at breast height (DBH) on any lot larger than one-half acre in the RL, RM
and RH zoning districts, and in all other districts. Tree removal permits shall not be required if
the tree has been determined a public health and safety menace by the zoning administrator.
C. A site plan review application submitted in accordance with §6.8 may satisfy the application
requirements of §6.10.
§6.10.2. Application requirements
Applications for a tree removal permit shall include a tree management plan (§4.5.9.D) and be
submitted in accordance with §6.2.3.
§6.10.3. Action by zoning administrator
A. The zoning administrator shall review each proposed tree removal
permit application for compliance with the approval criteria of
§6.10.4.
B. Based on the approval criteria and the above considerations, the
zoning administrator shall approve the tree removal permit,
identify those modifications that would allow approval of the tree
removal permit, approve the tree removal permit with conditions,
or disapprove the tree removal permit.
§6.10.4. Approval criteria
Applications for tree removal permits shall be reviewed for compliance
with the requirements of §4.5.9.D.3.
§6.10.5. Transfer of tree removal permits
Approved tree removal permits, and any attached conditions, run with
the land and are not affected by changes in tenancy or ownership.
§6.10.6. Administrative appeals
Any final decision of the zoning administrator on a tree removal permit may be appealed to the
board of zoning appeals in accordance with §6.21.
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Chapter 110. Article 6. Development Review §6.11 Floodplain Permits
§6.11.1 Applicability
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-33
§6.11. FLOODPLAIN PERMITS
§6.11.1. Applicability
A. Floodplain permits shall be reviewed in accordance with the provisions of §6.11.
B. No person shall develop or use any land within a floodplain or engage in development within
a floodplain without first having secured a floodplain permit from the zoning administrator.
§6.11.2. Application requirements
Applications for floodplain permits shall be submitted in accordance with §6.2.3, and shall specify
the elevation of the lowest floor (including basement); and for structures to be floodproofed
(nonresidential only), the elevation to which the structure will be floodproofed.
§6.11.3. Action by director of public works
The director of public works will review floodplain permit applications in accordance with the
approval criteria of §6.13.3.
§6.11.4. Action by zoning administrator
Based on the results of the review by the director of public works, the
zoning administrator shall take one of the following actions: approve
the permit, identify those modifications that would allow approval of
the permit; approve the permit with conditions; or disapprove the
permit.
§6.11.5. Approval criteria
A. Approved floodplain permits shall be in compliance with §6.11.
B. Permitted uses, activities or developments (including
redevelopments) within the floodplain shall be permitted only
when all available alternative locations not within the floodplain
have been properly considered and it is not possible to
accommodate reasonable development outside the floodplain
boundaries.
C. Each application for a floodplain permit, together with required
supporting documentation, shall clearly demonstrate that the proposed use, activity or
development:
1. Shall minimize grading to the maximum possible extent.
2. Shall minimize the amount of impervious surface to the maximum possible extent
through site design, LIDs, the use of porous construction materials, grid or modular
pavement, and other reasonable methods.
3. Shall minimize the loss of natural vegetation and natural stormwater characteristics.
4. Shall minimize the susceptibility of structures and their contents to flood damage.
5. Shall not negatively affect water quality.
6. Shall not increase the intensity or extent of flooding of lands above or below the
property or jeopardize property or human life.
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§6.11 Floodplain Permits Chapter 110. Article 6. Development Review
§6.11.6 Revocation of permits
Adopted 7/12/2016 Zoning Ordinance
6-34 City of Fairfax, Virginia
7. Shall not adversely affect the capacity of the floodplain channel or increase erosion
within or adjacent to the floodplain. Prior to any proposed alteration or relocation of
any channels or of any watercourse, stream, etc., within the city:
(a) All applicable permits shall be obtained from the U.S. Army Corps of Engineers,
the Virginia Department of Environmental Quality, and the Virginia Marine
Resources Commission; and
(b) Notification (of the proposal) shall be given by the applicant to all affected
adjacent jurisdictions, the Department of Conservation and Recreation, and to the
Federal Insurance and Mitigation Administration.
8. Shall minimize negative impacts upon wildlife habitat.
9. Shall have its design incorporate base (100-year) flood elevation data for any proposed
new activity or development greater than 50 lots or five acres, whichever is the lesser,
if located within zone A. In addition, the best available floodway information from
federal, state, or other sources acceptable to the zoning administrator shall be used.
10. Shall not result in more than a one-foot increase in the base (100-year) flood elevation.
This shall include the cumulative effect of the proposed use, activity, or development
when combined with all other existing and anticipated uses, activities, or development.
11. Shall not negatively affect drainage.
§6.11.6. Revocation of permits
A floodplain permit shall be revoked if the zoning administrator finds that the terms of the permit
have been violated or that there is a hazard to the public health, safety and welfare.
§6.11.7. Transfer of floodplain permits
Approved floodplain permits, and any attached conditions, run with the land and are not affected
by changes in tenancy or ownership.
§6.11.8. Administrative appeals
Final decisions on floodplain permits shall be made within 30 days of the final decision to the
board of zoning appeals in accordance with §6.21.
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Chapter 110. Article 6. Development Review §6.12 Erosion and Sediment Control Permits
§6.12.1 Applicability
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-35
§6.12. EROSION AND SEDIMENT CONTROL PERMITS
§6.12.1. Applicability
A. Erosion and sediment control permits shall be reviewed in accordance with the provisions of
§6.12.
B. Except as specified in §6.12.2, below, it shall be unlawful for any person to engage in land
disturbing activities as defined in §4.18.14 of 2,500 square feet or more for any purpose prior
to approval of an erosion and sediment control permit. Approval of an erosion and sediment
control permit shall be based on a soil erosion and sediment control plan for the land
disturbing activity prepared and certified by an engineer or land surveyor. The plan may be
contained on a separate sheet or included with the drainage or grading plan.
§6.12.2. Exemptions
The following uses and activities shall be exempt from the requirement for an erosion and
sediment control permit, provided the use or activity is otherwise allowed in the zoning district in
which it is located (§3.3.1):
A. Minor land disturbing activities such as home gardens and
individual home landscaping, repairs and maintenance work;
B. Individual service connections;
C. Installation, maintenance or repair of any underground public
utility lines when such activity occurs on an existing hard-surfaced
street or sidewalk, provided such land disturbing activity is
confined to the area of the street or sidewalk which is hard-
surfaced;
D. Surface or deep mining;
E. Exploration or drilling for oil and gas including the well site,
feeder lines, streets and off-site disposal areas;
F. Tilling, planting or harvesting of agricultural, horticultural or
forest crops or products, livestock feed lot operations, or
engineering operations such as the construction of terraces, terrace outlets, check dams,
desilting basins, floodwater-retarding structures, channel improvements, floodways, dikes,
ponds, ditches and the like; the utilization of strip cropping, lister furrowing, contour
cultivating, and contour furrowing; land drainage; land irrigation; seeding and planting of
waste, sloping, abandoned or eroded lands to water-conserving and erosion-preventing
plants, trees and grasses; forestation and reforestation; rotation of crops; soil stabilization
with trees, grasses, legumes, and other thick-growing, soil-holding crops; retardation of
runoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly
erosive areas and areas now badly gullied or otherwise eroded;
G. Installation or maintenance of fence and signposts or telephone and electric poles and other
kinds of posts or poles;
H. Emergency work to protect life, limb or property, and emergency repairs. If the land
disturbing activity would have required an approved erosion and sediment control plan in the
absence of an emergency, then the disturbed land area shall be shaped and stabilized as
required by the plan-approving authority; and
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§6.12 Erosion and Sediment Control Permits Chapter 110. Article 6. Development Review
§6.12.3 Application requirements
Adopted 7/12/2016 Zoning Ordinance
6-36 City of Fairfax, Virginia
I. Any project undertaken by a state agency involving a land disturbing activity that has been
approved by the state soil and water conservation board.
§6.12.3. Application requirements
Applications for erosion and sediment control permits shall be submitted in accordance with
§6.2.3.
§6.12.4. Action by director of public works
The director of public works will review erosion and sediment control permit applications in
accordance with the approval criteria of §6.13.3.
§6.12.5. Action by zoning administrator
Based on the results of the review by the director of public works, the zoning administrator will
take one of the following actions: approve the permit, identify those modifications that would
allow approval of the permit; approve the permit with conditions; or disapprove the permit.
§6.12.6. Approval criteria
Approved erosion and sediment control permits shall be in compliance with the requirements of
§4.17.
§6.12.7. Revocation of permits
An erosion and sediment control permit shall be revoked if the zoning administrator finds that the
terms of the permit have been violated or that there is a hazard to the public health, safety and
welfare.
§6.12.8. Transfer of erosion and sediment control permits
Approved erosion and sediment control permits, and any attached conditions, run with the land
and are not affected by changes in tenancy or ownership.
§6.12.9. Administrative appeals
Final decisions on erosion and sediment control permits shall be made within 30 days of the final
decision to the board of zoning appeals in accordance with §6.21.
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Chapter 110. Article 6. Development Review §6.13 Chesapeake Bay Reviews
§6.13.1 Applicability
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-37
§6.13. CHESAPEAKE BAY REVIEWS
§6.13.1. Applicability
A. Chesapeake Bay preservation reviews (Chesapeake Bay review) shall be conducted in
accordance with the provisions of §6.13.
B. All development or redevelopment within a Chesapeake Bay preservation area exceeding
2,500 square feet of disturbed land area shall be subject to the general performance
standards in §4.18.7.
C. Routine maintenance is allowed to be performed on flood control or stormwater
management facilities that drain or treat water from multiple development projects or from
a significant portion of a watershed in order to assure that they continue to function as
designed, but it is not the intent of §6.13 to allow a best management practice that collects
and treats runoff from only an individual lot or some portion of the lot to be located within a
resource protection area.
§6.13.2. Application requirements
Applications for Chesapeake Bay review shall be submitted in accordance
with §6.2.3, and shall include the following:
A. General
1. If applicable, a subdivision or site plan submitted in
accordance with the provisions of chapter 86, Subdivisions,
and this chapter;
2. A RPA site-specific study as provided for in §6.13.2.B.2;
3. If applicable, a water quality impact assessment as required in
§4.18.8;
4. A tree management plan consistent with the provisions of
§4.5.9.D.1;
5. A stormwater management plan consistent with the design
and performance standards of §4.16, Storm drainage facilities;
6. An erosion and sediment control plan consistent with the
provisions of §4.17, Erosion and sediment control; and
7. Copies of all wetlands permits required by law. The required plans and studies shall
include the delineation of the RPA boundary, the delineation of required buffer areas,
and a maintenance agreement as deemed necessary by the zoning administrator to
ensure proper maintenance of best management practices in order to continue their
functions. Plans and studies may be coordinated or combined as deemed appropriate
by the zoning administrator. However, the zoning administrator may also determine
that any of the information required in §6.13 may be unnecessary due to the scope and
nature of the proposed development.
B. RPA site-specific study
1. RPA Area
(a) The resource protection area shall include the following:
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§6.13 Chesapeake Bay Reviews Chapter 110. Article 6. Development Review
§6.13.2 Application requirements
Adopted 7/12/2016 Zoning Ordinance
6-38 City of Fairfax, Virginia
(1) Tidal wetlands;
(2) Nontidal wetlands connected by surface flow and contiguous to tidal
wetlands or water bodies with perennial flow;
(3) Tidal shores;
(4) Intermittent streams that remain largely in a natural condition and that
have not been significantly impacted by adjacent development as depicted
on the Chesapeake Bay preservation area map;
(5) Water bodies with perennial flow; and
(6) A 100-foot vegetated buffer area located adjacent to and landward of the
components listed in subparagraphs (1) through (5), above, and expanded
to include noncontiguous wetlands within the floodplain that are partially
located within the buffer, along both sides of any water body with perennial
flow. The full buffer area shall be designated as the landward component of
the resource protection area notwithstanding the presence of permitted
uses, encroachments or permitted vegetation clearing in compliance with
the performance criteria of §4.18.7.
(b) Designation of the six components, above, shall not be subject to modification
unless based on reliable, site-specific information in accordance with §6.13.2.B.2,
below.
2. Study requirements
An RPA site-specific study shall be submitted as part of the development review
procedures required by §6.13 and in conjunction with site plan or subdivision approval.
(a) The RPA site-specific study shall be drawn to scale and clearly delineate the
resource protection area components outlined in §4.18.2.A.1.
(b) Wetlands delineations shall be performed consistent with the procedures
specified in the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands, 1987.
(c) The RPA site-specific study shall delineate the site-specific geographic extent of
the resource protection area.
(d) The RPA site-specific study shall be drawn at the same scale as the site plan or
subdivision plan and shall be certified by a certified engineer, land surveyor,
landscape architect, soil scientist, or wetland delineator.
(e) RPA boundaries shall include a jurisdictional determination or verification letter
from the U.S. Army Corps of Engineers for all Waters of the U.S.
C. Tree management plan
A tree management plan shall be submitted as part of the development review procedures
required by §6.13. No clearing, grading, or construction on any lot or parcel shall be
permitted without an approved tree management plan. In addition, the following
supplemental information shall be provided for land disturbance, development, or
redevelopment activity proposed within the resource protection area:
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Chapter 110. Article 6. Development Review §6.13 Chesapeake Bay Reviews
§6.13.3 Action by director of public works
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-39
1. Any required buffer area shall be clearly delineated and any plant material to be added
to establish or supplement the buffer area, as required by §4.18.7.D, shall be shown on
the tree management plan.
2. Within the buffer area, trees to be removed for sight lines, vistas, access paths, and
best management practices, as provided for in §4.18, shall be shown on the plan.
Vegetation to replace any existing trees within the buffer area shall also be shown on
the tree management plan.
3. Trees to be removed for stream bank stabilization projects and any replacement
vegetation required by §4.18 shall be shown on the landscaping plan.
D. Stormwater management plan
A stormwater management plan shall be submitted as part of the development review
procedures required by §6.13 and in conjunction with site plan or subdivision approval.
E. Contents
1. The stormwater management plan shall be developed in accordance with §4.16, Storm
drainage facilities. For facilities, verification of structural soundness, including a
professional engineer or class IIIB surveyor certification shall be provided.
2. All engineering calculations shall be performed in accordance with procedures outlined
in the current edition of the "Virginia State Stormwater Management Handbook."
3. The plan shall establish a long-term schedule for inspection and maintenance of
stormwater management facilities that includes all maintenance requirements and
persons responsible for performing maintenance in accordance with §4.16, Storm
drainage facilities.
F. Erosion and sediment control plan
An erosion and sediment control plan shall be submitted as part of the development review
procedures required by §6.13 in conjunction with site plan or subdivision approval that
satisfies the requirements of §4.17.
§6.13.3. Action by director of public works
The director of public works will review Chesapeake Bay review applications in accordance with
the approval criteria of §6.13.3.
§6.13.4. Action by zoning administrator
Based on the results of the review by the director or public works, the zoning administrator shall
take one of the following actions: approve the permit, identify those modifications that would
allow approval of the permit; approve the permit with conditions; or disapprove the permit.
§6.13.5. Approval criteria
A. Chesapeake Bay review approvals shall be in compliance with the requirements of §4.18.
B. The VSPM administrator may require physical improvements required by §4.18 to be bonded
in accordance with §6.8.11 and 110-107 of City Code.
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§6.13 Chesapeake Bay Reviews Chapter 110. Article 6. Development Review
§6.13.6 Revocation of approval
Adopted 7/12/2016 Zoning Ordinance
6-40 City of Fairfax, Virginia
§6.13.6. Revocation of approval
A Chesapeake Bay review approval shall be revoked if the zoning administrator finds that the
terms of the approval have been violated or that there is a hazard to the public health, safety and
welfare.
§6.13.7. Transfer of Chesapeake Bay review approvals
Chesapeake Bay review approvals, and any attached conditions, run with the land and are not
affected by changes in tenancy or ownership.
§6.13.8. Administrative appeals
Final decisions on Chesapeake Bay reviews shall be made within 30 days of the final decision to
the board of zoning appeals in accordance with §6.21.
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Chapter 110. Article 6. Development Review §6.14 Stormwater Permits
§6.14.1 Applicability
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-41
§6.14. STORMWATER PERMITS
§6.14.1. Applicability
A. Stormwater permit review shall be conducted in accordance with the provisions of §6.14.
B. All development or redevelopment exceeding 2,500 square feet of disturbed land area shall
be subject to the requirements §4.16.
§6.14.2. Application requirements
Applications for stormwater permits shall be submitted in accordance with §6.2.3.
§6.14.3. Action by VSMP Authority
Based on the results of the reviews, the VSMP Authority will take one of the following actions:
approve the permit, identify those modifications that would allow approval of the permit; approve
the permit with conditions; or disapprove the permit.
§6.14.4. Approval criteria
Stormwater permit approvals shall be in compliance with the requirements of §4.16.
§6.14.5. Revocation of approval
A stormwater permit approval shall be revoked if the VSMP Authority
finds that the terms of the approval have been violated or that there is a
hazard to the public health, safety and welfare.
§6.14.6. Transfer of stormwater permit approvals
Stormwater permit approvals, and any attached conditions, run with the
land and are not affected by changes in tenancy or ownership.
§6.14.7. Administrative appeals
Final decisions of the VSMO Authority on stormwater permit reviews
shall be made within 30 days of the final decision to city council in
accordance with §4.16.7.F.
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§6.15 Temporary Use Permits Chapter 110. Article 6. Development Review
§6.15.1 Applicability
Adopted 7/12/2016 Zoning Ordinance
6-42 City of Fairfax, Virginia
§6.15. TEMPORARY USE PERMITS
§6.15.1. Applicability
A. Temporary use permits shall be reviewed in accordance with the provisions of §6.15.
B. Temporary uses, including those operating for fewer than 30 days within a one-year time
period, shall obtain a temporary use permit from the zoning administrator that outlines
conditions of operations so as to protect the public, health, safety and welfare subject to the
standards of §3.5.6, Temporary Use Standards.
§6.15.2. Application requirements
A. Applications for temporary use permits shall be submitted in accordance with §6.2.3.
B. Concurrent with an application for a temporary use permit, the zoning administrator may
require submission of a site plan for review and approval.
§6.15.3. Action by zoning administrator
The zoning administrator shall review each proposed temporary use
permit for compliance with the approval criteria of §6.15.4. Based on
the results of the review, the zoning administrator will take one of the
following actions: approve the temporary use permit, identify those
modifications that would allow approval of the temporary use permit;
approve the temporary use permit with conditions; or disapprove the
temporary use permit.
§6.15.4. Approval criteria
No temporary use permit shall be approved unless the following
requirements are met:
A. Adjacent uses shall be suitably protected from any adverse effects
of the use, including noise and glare.
B. The use shall not create hazardous conditions for vehicular or
pedestrian traffic, or result in traffic in excess of the capacity of
streets serving the use.
C. Adequate refuse management, security, emergency services, and similar necessary facilities
and services shall be available for the temporary use, and all sanitary facilities shall be
approved by the appropriate health agency.
D. The site is suitable for the proposed use, considering flood hazard, drainage, soils and other
conditions, which may constitute a danger to life, health or property.
E. The use shall not have a substantial adverse impact on the natural environment, including
trees, ground cover and vegetation.
§6.15.5. Revocation of permit
A temporary use permit shall be revoked if the zoning administrator finds that the terms of the
permit have been violated or that there is a hazard to the public health, safety and welfare.
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Chapter 110. Article 6. Development Review §6.15 Temporary Use Permits
§6.15.6 Transfer of temporary use permit
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-43
§6.15.6. Transfer of temporary use permit
A temporary use permit approval, and any attached conditions, run with the land and are not
affected by changes in tenancy or ownership.
§6.15.7. Administrative appeals
Final decisions of the zoning administrator on temporary use permits shall be made to the board
of zoning appeals within 30 days of the final decision in accordance with §6.21.
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§6.16 Administrative Adjustments Chapter 110. Article 6. Development Review
§6.16.1 Applicability
Adopted 7/12/2016 Zoning Ordinance
6-44 City of Fairfax, Virginia
§6.16. ADMINISTRATIVE ADJUSTMENTS
§6.16.1. Applicability
A. Administrative adjustments shall be reviewed in accordance with the provisions of §6.16.
B. Unless otherwise specified, the zoning administrator may authorize adjustment of the
numerical standards of this chapter by up to 20 percent of the applicable standard; provided,
the provisions of §6.16 shall not apply to density, floodplain regulations, stormwater
drainage facilities, erosion and sediment control, Chesapeake Bay preservation standards, or
construction standards.
§6.16.2. Application requirements
Applications for an administrative adjustment shall be submitted in accordance with §6.2.3.
§6.16.3. Notice and hearings
The zoning administrator shall provide written notice in accordance with §6.2.5.B.2.
§6.16.4. Action by zoning administrator
The zoning administrator shall review each proposed administrative
adjustment for compliance with the approval criteria of §6.16.5, and
take one of the following actions: approve the administrative
adjustment, identify those modifications that would allow approval of
the administrative adjustment, approve the administrative adjustment
with conditions, or disapprove the administrative adjustment.
§6.16.5. Approval criteria
A. In approving an administrative adjustment, the zoning
administrator shall consider additional mitigation measures
offered in support of the adjustment, if any, and the following
criteria:
1. Granting the adjustment will ensure the same general level
of land use compatibility as the otherwise applicable
standards;
2. Granting the adjustment will not materially and adversely affect adjacent land uses and
the physical character of uses in the immediate vicinity of the proposed development
because of inadequate transitioning, screening, setbacks and other land use
considerations;
3. Granting the adjustment will be generally consistent with the purposes and intent of
this chapter; and
4. Granting the adjustment will be based on the physical constraints and land use
specifics, rather than on economic hardship of the applicant.
B. In making the decision to approve or disapprove administrative adjustments, the zoning
administrator may consider any special efforts by the applicant to promote compatibility with
neighboring properties, such as the installation of additional walls, fences, landscaping or
screening, beyond that otherwise required, or other site design trade-offs.
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Chapter 110. Article 6. Development Review §6.16 Administrative Adjustments
§6.16.6 Transfer of administrative adjustment approvals
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-45
§6.16.6. Transfer of administrative adjustment approvals
Administrative adjustment approvals, and any attached conditions, run with the land and are not
affected by changes in tenancy or ownership.
§6.16.7. Administrative appeals
The final decisions on an administrative adjustment may not be appealed by the applicant, but the
applicant may file a special exception (§6.17) or variance (§6.18).
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§6.17 Special Exceptions Chapter 110. Article 6. Development Review
§6.17.1 Applicability
Adopted 7/12/2016 Zoning Ordinance
6-46 City of Fairfax, Virginia
§6.17. SPECIAL EXCEPTIONS
§6.17.1. Applicability
A. Special exceptions shall be reviewed in accordance with the provisions of §6.17.
B. Special exceptions may be approved modifying:
1. The specific use standards authorized by the §3.5. This should not be interpreted as
authorizing uses not otherwise allowed by §3.3;
2. The dimensional standards (for residential and nonresidential uses) of §3.6;
3. All standards applicable to overlay districts (§3.7); and
4. The site development standards of Article 4.
C. Alternatively, and in conjunction with other development
reviews or where two or more special exceptions are proposed
as part of the same application on all district properties, except
in the RL, RM and RH districts, the city council may serve as the
board of zoning appeals and approve special exceptions.
D. The board of zoning appeal shall have authority to approve all
special exceptions in the RL, RM and RH districts.
§6.17.2. Pre-application meeting
Applicants submitting special exception applications shall hold a pre-
application meeting in accordance with §6.2.1.
§6.17.3. Application requirements
Applications for special exceptions shall be submitted in accordance
with §6.2.3.
§6.17.4. Notice and hearings
The city shall hold all required public hearings and give notice in
accordance with §6.2.5.
§6.17.5. Action by zoning administrator
A. The zoning administrator shall review each special exception application for compliance with
the approval criteria of §6.17.7 and distribute the proposed plan to appropriate agencies and
reviewers.
B. Applications on historic district and the transition overlay district properties will be submitted
to the board of architectural review for recommendation prior to action by the decision-
making body.
C. The zoning administrator shall provide a report and recommendation to the decision-making
body.
§6.17.6. Action by decision-making bodies
After receiving the zoning administrator’s report and recommendation, the decision-making
bodies shall review the proposed special exception in a public hearing and in accordance with the
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Chapter 110. Article 6. Development Review §6.17 Special Exceptions
§6.17.7 Approval criteria
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-47
approval criteria of §6.17.7, and take one of the following actions: approve, approve with
modifications or conditions, table or defer, or disapprove the special exception application.
§6.17.7. Approval criteria
A. In approving a special exception, decision-making bodies shall consider additional mitigation
measures offered in support of the application, if any, and whether granting the special
exception will:
1. Ensure the same general level of land use compatibility as the otherwise applicable
standards;
2. Not not materially and adversely affect adjacent land uses and the physical character of
uses in the immediate vicinity of the proposed development because of inadequate
transitioning, screening, setbacks and other land use considerations;
3. Be generally consistent with the purposes and intent of this chapter and the
comprehensive plan; and
4. Be based on the physical constraints and land use specifics, rather than on economic
hardship of the applicant.
B. Decision-making bodies may consider any special efforts by the applicant to promote
compatibility with neighboring properties, such as the installation of additional walls, fences,
landscaping or screening, beyond that otherwise required, or other site design trade-offs.
§6.17.8. Transfer of special exception approvals
Special exception approvals, and any attached conditions, run with the land and are not affected
by changes in tenancy or ownership.
§6.17.9. Appeals to court
Final decisions of decision-making bodies on special exceptions may be appealed within 30 days of
the final decision in accordance with §6.23.
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§6.18 Variances Chapter 110. Article 6. Development Review
§6.18.1 Applicability
Adopted 7/12/2016 Zoning Ordinance
6-48 City of Fairfax, Virginia
§6.18. VARIANCES
§6.18.1. Applicability
A. Variances shall be reviewed in accordance with the provisions of §6.18.
B. The board of zoning appeals may authorize, upon appeal or original application, such
variance from the terms of this chapter as will not be contrary to the public interest, when,
owing to special conditions, a literal enforcement of the provisions will result in unnecessary
hardship; provided that the spirit of this chapter shall be observed and substantial justice
done.
C. When a property owner can show that his property was acquired in good faith and where:
1. By reason of the exceptional narrowness, shallowness, size or shape of a specific piece
of property at the time of the effective date of this chapter
or the ordinance from which this chapter is derived; or
2. By reason of exceptional topographic conditions or other
extraordinary situation or condition of the property, or of
the condition, situation, or development of property
immediately adjacent thereto, the strict application of the
terms of the chapter would effectively prohibit or
unreasonably restrict the utilization of the property or
where the board is satisfied, upon the evidence heard by it,
that the granting of the variance will alleviate a clearly
demonstrable hardship, as distinguished from a special
privilege or convenience sought by the applicant, provided
that all variances shall be in harmony with the intended
spirit and purpose of the chapter.
D. Alternatively, and in conjunction with other development
reviews as part of the same application, the city council may
serve as the board of zoning appeals and approve variances.
§6.18.2. Application requirements
Applications for variances shall be submitted in accordance with
§6.2.3.
§6.18.3. Notice and hearings
The city shall hold all required public hearings and give notice in accordance with §6.2.5.
§6.18.4. Action by zoning administrator
The zoning administrator shall review each variance application for compliance with the approval
criteria of §6.18.6 and distribute the application to appropriate agencies and reviewers. The
zoning administrator shall provide a report and recommendation to the decision-making body.
§6.18.5. Action by decision-making body
After receiving the zoning administrator’s report and recommendation, the decision-making
bodies shall review the proposed variance in a public hearing and in accordance with the approval
criteria of §6.18.6, and take one of the following actions: approve, approve with modifications or
conditions, table or defer, or disapprove the variance application.
Staff
Review
Final Action
Decision-
making Body
Hearing
Completeness
Review
Application
Initiation
Recommendation
RETURN TO TABLE OF CONTENTS
Chapter 110. Article 6. Development Review §6.18 Variances
§6.18.6 Approval criteria; findings of fact
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-49
§6.18.6. Approval criteria; findings of fact
The decision-making body shall authorize a variance where the decision-making body makes a
positive finding on each of the following:
A. That the strict application of this chapter would produce undue hardship;
B. That such hardship is not shared generally by other properties in the same zoning district and
the same vicinity;
C. That the authorization of such variance will not be of substantial detriment to adjacent
property and that the character of the district will not be changed by the granting of the
variance; and
D. That the condition or situation of the property concerned or the intended use of the property
is not of so general or recurring a nature as to make reasonably practicable the formulation
of a general regulation to be adopted as an amendment to this chapter.
§6.18.7. Supplemental floodplain variance regulations
A. Applicability
Variances may be issued by the decision-making body in conjunction with other land use
application reviews, for new construction and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, only in conformance with the provisions of
§6.18.7.
B. Optional referral
The zoning administrator or decision-making body may refer any variance application and
accompanying documentation to any engineer or other qualified person or agency for
technical assistance in evaluating the proposed project in relation to flood heights and
velocities, and the adequacy of the plans for flood protection and other related matters.
C. Notifications and acknowledgments
1. Upon receipt of an application for any variance affecting floodplain lands or affecting
any floodplain regulation of this chapter, the director of public works shall notify the
applicant in writing that construction below the 100-year flood elevation:
(a) Will result in increased premium rates for flood insurance; and
(b) Increases risks to life and property.
2. The applicant shall be required to acknowledge in writing that he assumes all risks and
liabilities connected with such activities. The zoning administrator shall maintain a copy
of the notification and the applicant’s acknowledgment.
3. Annual reporting of such notification is required by §5.3.3.C.
D. Criteria for approval
Floodplain variances may only be approved after the decision-making body has determined
that all of the following criteria are met:
1. There is a showing of good and sufficient cause;
2. Failure to grant the variance would result in exceptional hardship to the applicant;
RETURN TO TABLE OF CONTENTS
§6.18 Variances Chapter 110. Article 6. Development Review
§6.18.7 Supplemental floodplain variance regulations
Adopted 7/12/2016 Zoning Ordinance
6-50 City of Fairfax, Virginia
3. The granting of such variance will not result in:
(a) Unacceptable or prohibited increases in flood heights;
(b) Additional threats to public safety; or
(c) Extraordinary public expense.
4. The granting of such variance will not:
(a) Create nuisances;
(b) Cause fraud or victimization of the public; or
(c) Conflict with local laws or ordinances.
5. The variance will:
(a) Be the minimum required to provide relief; and
(b) Not cause any increase in the 100-year flood elevation;
(c) For new construction and substantial improvements and for other development
necessary for the conduct of a functionally dependent use provided that the
criteria of §6.18.7.D are met;
(d) The structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
E. Additional factors for consideration
The decision-making body shall consider the following additional factors with respect to
floodplain property variances:
1. The danger to life and property due to increased flood heights or velocities caused by
encroachments.
2. The danger that materials may be swept on to other lands or downstream to the injury
of others.
3. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owners;
5. The importance of the services provided by the proposed facility to the community;
6. The requirements of the facility for a waterfront location;
7. The availability of alternative locations not subject to flooding for the proposed use;
8. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future;
9. The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area;
10. The safety of access by ordinary and emergency vehicles to the property in time of
flood;
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Chapter 110. Article 6. Development Review §6.18 Variances
§6.18.8 Effect of approval
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-51
11. The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site;
12. The repair or rehabilitation of historic structures upon a determination that the
proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure; and
13. Other relevant factors.
F. Supplemental findings of fact
In addition to any other findings of fact required for all variances (see also §6.18.6), in
deciding on variances affecting floodplain property or any floodplain regulations, findings of
fact shall be made by the decision-making bodies on each of the following matters based on
the evidence presented.
1. That the granting of a variance would not result in increased flood heights, additional
threats to public safety or extraordinary public expense, nor create nuisances, cause
fraud or victimization of the public, nor conflict with existing local laws or ordinances
and that all buildings will be protected by methods that minimize flood damage during
the base flood event;
2. That the development activity cannot be located outside the floodplain;
3. That the development activity is not in a regulatory floodway; and
4. That the proposed development will not:
(a) Cause any increase in the 100-year flood elevation.
(b) Create a danger that materials may be swept on-to other lands or downstream to
the injury of others.
(c) Affect the water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
(d) That the variance is the minimum necessary, considering the flood hazard, to
afford relief.
§6.18.8. Effect of approval
Notwithstanding any other provision of this chapter, the property upon which a property owner
has been granted a variance shall be treated as conforming for all purposes; however, the
structure permitted by the variance may not be expanded unless the expansion is within an area
of the site or part of the structure for which no variance is required under this chapter. Where the
expansion is proposed within an area of the site or part of the structure for which a variance is
required, the approval of an additional variance shall be required.
§6.18.9. Transfer of approved variances
Approved variances, and any attached conditions, run with the land and are not affected by
changes in tenancy or ownership.
§6.18.10. Appeals to court
Final decisions of a decision-making body on variances may be appealed within 30 days of the
decision in accordance with §6.22.3.
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§6.19 Written Interpretations Chapter 110. Article 6. Development Review
§6.19.1 Applicability
Adopted 7/12/2016 Zoning Ordinance
6-52 City of Fairfax, Virginia
§6.19. WRITTEN INTERPRETATIONS
§6.19.1. Applicability
A. Written interpretations shall be reviewed in accordance with the provisions of §6.19.
B. When uncertainty exists concerning the text of this chapter, the zoning administrator shall be
authorized to make all interpretations concerning the text of this chapter after consultation
with other involved staff and the city attorney.
§6.19.2. Application requirements
An application for a written interpretation shall be submitted in accordance with §6.2.3.
§6.19.3. Action by zoning administrator
The zoning administrator shall review each request for written interpretation with respect to the
text of this chapter, the zoning map, the comprehensive plan and any other relevant information
and render an opinion. The interpretation shall be provided to the applicant in writing.
§6.19.4. Official record
The zoning administrator shall maintain an official record of all
interpretations. The record of written interpretations shall be available
for public inspection during normal business hours.
§6.19.5. Administrative appeal
An appeal from any written interpretation shall be made within 30
days of the final decision in accordance with §6.21.
Staff
Review
Final Action
Application
Submittal
Completeness
Review
Zoning
Administrator
Review
RETURN TO TABLE OF CONTENTS
Chapter 110. Article 6. Development Review §6.20 Zoning Permits
§6.20.1 Applicability
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-53
§6.20. ZONING PERMITS
§6.20.1. Applicability
A. Zoning permits shall be reviewed in accordance with the provisions of §6.20.
B. No building permit shall be issued prior to the approval of a zoning permit. It shall be
unlawful to move, construct, or alter, or to commence moving, constructing or altering,
except for making ordinary repairs, any building or other structure on a site, including an
accessory structure, until the zoning administrator has issued a zoning permit.
C. It shall be unlawful to use any land or building, or to change tenancy or ownership or any use,
or to change the type of use of land, or to change the type of use or type of occupancy of any
building; or to extend any use on any lot, until the zoning administrator has issued a zoning
permit for such intended use.
D. It shall be unlawful to undertake any land-disturbing activity until the zoning administrator
has issued a zoning permit for such work.
E. Zoning permits are not required for permitted temporary uses
(See §3.5.6) or for tree removal (See §6.10).
§6.20.2. Application requirements
Applications for zoning permits shall be submitted in accordance with
§6.2.3.
§6.20.3. Action by zoning administrator
The zoning administrator shall review each proposed zoning permit for
compliance with the approval criteria of §6.20.4. Prior to the issuance
of a zoning permit, the zoning administrator shall consult with other
applicable officials and departments, as necessary. Based on the
results of the reviews, the zoning administrator will take one of the
following actions: approve the zoning permit, identify those
modifications that would allow approval of the zoning permit, approve
the zoning permit with conditions, or disapprove the zoning permit.
§6.20.4. Approval criteria
A. Zoning permits shall be approved where the applicant has demonstrated to the satisfaction
of the zoning administrator that the intended use, in all respects, conforms to the provisions
of this chapter; including, but not limited to, approved site plans, master development plans,
and variances, and any proffers and/or conditions imposed by an appropriate official or
decision-making body.
B. Temporary zoning permits may be approved due to landscaping and paving, which cannot
reasonably be completed because of adverse climatic conditions, where the owner or
developer has provided a construction bond for such improvements or, after completion of
all improvements and discharge of the performance bond, has provided a two-year warranty
bond with surety equal to ten percent of the original completion bond in a form satisfactory
to the zoning administrator.
C. A temporary zoning permit shall be valid for a period of up to 90 days from issuance and may
be renewed for up to an additional 90 days at a time upon written application, by the
Staff
Review
Final Action
Application
Submittal
Completeness
Review
Zoning
Administrator
Review
RETURN TO TABLE OF CONTENTS
§6.20 Zoning Permits Chapter 110. Article 6. Development Review
§6.20.5 Period of validity
Adopted 7/12/2016 Zoning Ordinance
6-54 City of Fairfax, Virginia
applicant provided that all other work in progress conforms to the approved site plan and
applicable requirements.
D. The zoning administrator may establish additional administrative requirements as deemed
necessary to ensure compliance with the requirements of this chapter.
§6.20.5. Period of validity
Zoning permits shall become null and void if no significant improvement or alteration is made in
accordance with the approved application within 12 months from the date of approval. On written
request from an applicant submitted prior to the expiration of the original approval, the zoning
administrator may grant a single extension for a period of up to 12 months if, based upon
submissions from the applicant, the zoning administrator finds that conditions on the site and in
the area of the proposed project are essentially the same as when approval originally was granted.
§6.20.6. Transfer of zoning permits
Zoning permits run with the tenant or owner of the subject land or use and are nontransferable.
Upon transfer of nonresidential tenancy or ownership of any land or use that is the subject of a
previously approved zoning permit, such certificate shall be null and void and the new tenant or
owner of such land or uses shall be responsible for applying for a new zoning permit prior to using
any land or building, changing the type of use of land, or changing the type of use or type of
occupancy of any building, or to extend any use on any lot. Failure to obtain a new zoning permit
shall constitute a violation of this chapter.
§6.20.7. Administrative appeals
Final decisions of the zoning administrator on zoning permits may be appealed to the board of
zoning appeals in accordance with §6.21.
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Chapter 110. Article 6. Development Review §6.21 Administrative Appeals
§6.21.1 Applicability
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-55
§6.21. ADMINISTRATIVE APPEALS
§6.21.1. Applicability
A. A notice of appeal shall be submitted within 30 days of the final decision, which is the subject
of the appeal, and shall be reviewed in accordance with the provisions of §6.21.
B. An administrative appeal, in appropriate cases and subject to appropriate conditions and
safeguards as described in §6.21, may be submitted:
1. Where it is alleged there is error in any order, requirement, decision or determination
in the enforcement of this chapter; and
2. Where there is any uncertainty as to the location of a district boundary, and
interpretation is needed to carry out the intent and purpose of this chapter for the
particular section or district in question.
C. This administrative appeals procedure shall not be applicable where
an application is appealable directly to the city council or where the
city council choses to act as the board of zoning appeals. (See §6.22
for more information.)
§6.21.2. Initiation
The applicant or an authorized agent or representative (see §6.2.3.B), or
any other aggrieved person, may submit a written notice of appeal to the
secretary for the board of zoning appeals, who will distribute the notice of
appeal to the board of zoning appeals and to the zoning administrator. The
notice of appeal must show that the applicant has an immediate,
pecuniary and substantial interest in the litigation, and not a remote or
indirect interest.
§6.21.3. Notice of appeal requirements
A notice of appeal shall be submitted in accordance with applicable
requirements of §6.2.3, and shall specify the grounds for the appeal.
§6.21.4. Notice and hearings
The city shall hold all required public hearings and give notice in
accordance with §6.2.5.
§6.21.5. Action by zoning administrator
The zoning administrator shall review the notice of appeal and provide a
report and recommendation to the board of zoning appeals along with all the papers constituting
the record upon which the action appealed from was taken.
§6.21.6. Action by board of zoning appeals
After receiving the notice of appeal from the secretary of the board of zoning appeals and the
report and recommendation from the zoning administrator, the board of zoning appeals shall
conduct a full and impartial public hearing on the matter and in accordance with the approval
criteria of §6.21.7, the board of zoning appeals shall affirm, reverse or modify the decision that is
the subject of the appeal, in whole or in part.
Staff
Review
Final Action
Board of
Zoning Appeals
Hearing
Completeness
Review
Application
Initiation
Recommendation
RETURN TO TABLE OF CONTENTS
§6.21 Administrative Appeals Chapter 110. Article 6. Development Review
§6.21.7 Approval criteria; findings of fact
Adopted 7/12/2016 Zoning Ordinance
6-56 City of Fairfax, Virginia
§6.21.7. Approval criteria; findings of fact
The board of zoning appeals may reverse an order, requirement, decision, or determination of an
administrative official only when the board of zoning appeals finds substantial, factual evidence in
the official record of the application that the administrative official erred. The decision of the
board of zoning appeals shall be supported by written findings of fact prepared by the board of
zoning appeals.
§6.21.8. Limitation on district boundary interpretations
A. No provision of this §6.21 shall be construed as granting the board of zoning appeals the
power to rezone property or to base board of zoning appeals decisions on the merits of the
purpose and intent of local ordinances duly adopted by the city council.
B. In making district boundary interpretations, the board of zoning appeals shall not have the
power to change substantially the locations of district boundaries as established by
ordinance.
§6.21.9. Effect of appeal
An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning
administrator certifies to the board that by reason of facts stated in the certificate a stay would in
his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed
otherwise than by a restraining order granted by the board or by a court of record, on application
and on notice to the zoning administrator and for good cause shown.
§6.21.10. Appeals to court
Final decisions of the board of zoning appeals may be appealed within 30 days of the decision in
accordance with §6.22.3.
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Chapter 110. Article 6. Development Review §6.22 Appeals to City Council
§6.22.1 Applicability
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 6-57
§6.22. APPEALS TO CITY COUNCIL
§6.22.1. Applicability
A. Appeals to the city council shall be reviewed in accordance with the provisions of §6.22.
B. A notice of appeal to the city council may only be submitted on or before 14 days after a final
decision of the board of architectural review on a certificate of appropriateness (§6.5).
§6.22.2. Initiation
The applicant or an authorized agent or representative (see §6.2.3.B), or any other aggrieved
person, may submit a written notice of appeal to the city clerk, who will distribute the notice of
appeal to the city council and to the zoning administrator. The notice of appeal must show that
the applicant has an immediate, pecuniary and substantial interest in the litigation, and not a
remote or indirect interest.
§6.22.3. Notice of appeal to city council requirements
A city council appeal shall be submitted in accordance with applicable
requirements of §6.2.3, and shall specify the grounds for the appeal.
§6.22.4. Notice and hearings
The city shall hold all required public hearings and give notice in
accordance with §6.2.5.
§6.22.5. Action by zoning administrator
The zoning administrator shall transmit to the city council all the
papers constituting the record upon which the action appealed from
was taken.
§6.22.6. Action by city council
After receiving a notice of appeal from the city clerk, the city council
shall conduct a full and impartial public hearing on the matter and in
accordance with the approval criteria of §6.22.7, below, the city
council shall affirm, reverse or modify the decision, that is the subject
of the appeal, in whole or in part.
§6.22.7. Approval criteria; findings of fact
The same approval criteria shall be applied by the city council as established for the board of
architectural review for the decision, which is the subject of the appeal. The decision of the city
council shall be supported by written findings of fact prepared by the city council.
§6.22.8. Actions after approval
The decision of the city council shall be final, subject to the provisions of §6.22.3.
§6.22.9. Effect of appeal
Upon the filing of a notice of appeal, the final decision, which is the subject of the appeal, shall be
stayed pending the decision of the city council and the applicant shall be prohibited from taking
any action for which approval is sought during the pendency of such appeal.
§6.22.10. Appeals to court
Final decisions of the city council on certificates of appropriateness may be appealed within 30
days of the decision in accordance with §6.22.3
Staff
Review
Final Action
Application
Submittal
Completeness
Review
City
Council
Hearing
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§6.23 Appeals to Court Chapter 110. Article 6. Development Review
§6.22.10 Appeals to court
Adopted 7/12/2016 Zoning Ordinance
6-58 City of Fairfax, Virginia
§6.23. APPEALS TO COURT
An appeal from any action, decision, ruling, judgment or order of the city council made under this
chapter may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer or any
officer, department, board or bureau of the city to the circuit court in accordance with applicable law.
RETURN TO TABLE OF CONTENTS
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 7-1
Article 7. Nonconformities
§7.1. GENERAL
§7.1.1. Scope
The regulations of this article govern nonconformities, which are lots, uses, site development
standards and structures that were lawfully established but—because of the adoption of new or
amended regulations—no longer comply with one or more requirements of this chapter.
§7.1.2. Intent
Occasionally, lots, uses, features and structures that were lawfully established (i.e., in compliance
with all regulations in effect at the time of their establishment) are made nonconforming because
of changes in the zoning regulations that apply to the subject property (e.g., through zoning map
changes or zoning ordinance text amendments). The regulations of this article are intended to
clarify the effect of this nonconforming status and avoid confusion with “illegal” buildings and
uses (i.e., those established in violation of applicable zoning regulations). The regulations of this
article are also intended to:
A. Recognize the interests of landowners in continuing to use their property for uses and
activities that were lawfully established;
B. Promote maintenance, reuse and rehabilitation of existing buildings; and
C. Place reasonable limits on nonconformities that have the potential to adversely affect
surrounding properties.
§7.1.3. Authority to continue
Any nonconformity that existed on the effective date specified in §1.2 or any situation that
becomes nonconforming upon adoption of any amendment to this chapter may be continued in
accordance with the regulations of this article unless otherwise expressly stated.
§7.1.4. Determination of nonconformity status
A. The burden of proving a nonconformity was lawfully established rests entirely with the
subject landowner.
B. A preponderance of evidence must be provided by the subject landowner and be sufficient to
show that the nonconformity was lawfully established before adoption of the subject
regulations. Evidence must also indicate that the nonconformity has been continuous and
that the situation has not lost its nonconforming status. Examples of reliable evidence
include, but are not limited to, approved business licenses; building permits; use permits or
zoning permits; city/county billing records; utility billing records; aerial photographs;
assessment, tax or rent records; and directory listings.
C. The zoning administrator is authorized to determine whether or not adequate proof of
nonconforming status has been provided by the subject landowner.
D. Appeals of the zoning administrator’s decision on nonconforming status determinations may
be appealed in accordance with the appeal procedures of §6.21.
§7.1.5. Repairs and maintenance
A. Nonconformities must be maintained to be safe and in good repair.
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§7.2 Nonconforming Lots Chapter 110. Article 7. Nonconformities
§7.1.6 Change in tenancy or ownership
Adopted 7/12/2016 Zoning Ordinance
7-2 City of Fairfax, Virginia
B. Repairs and normal maintenance that do not increase the extent of nonconformity and that are
necessary to keep a nonconformity in sound condition are permitted unless otherwise
expressly prohibited by this zoning ordinance.
C. Nothing in this article is intended to prevent nonconformities from being structurally
strengthened or restored to a safe condition in accordance with an order from a duly
authorized city official.
§7.1.6. Change in tenancy or ownership
Nonconforming status runs with the land and is not affected by changes in tenancy, ownership or
management.
§7.2. NONCONFORMING LOTS
§7.2.1. Description
A nonconforming lot is a lawfully created lot recorded among the land records of Fairfax County
that does not comply with all applicable dimensional standards of the zoning district in which the
lot is located (§3.6).
§7.2.2. Use of nonconforming lots
A. Any nonconforming lot in a residential district may be used as a building site for a single-
family detached house.
B. In nonresidential districts, a nonconforming lot may be used as a building site and developed
with a use allowed in the subject district.
§7.2.3. Lot and building regulations
A. Development on nonconforming lots must comply with the lot and building regulations of the
applicable zoning district(s) unless otherwise expressly stated.
B. Nonconforming lots may not be adjusted in size or shape so as to increase the degree of
nonconformity for lot area, lot width, setbacks or other applicable lot and building
regulations. Lot area or shape adjustments that decrease the extent of nonconformity are
allowed.
C. The provisions of §7.2.3.B shall not apply to involuntary changes as a result of condemnation
actions or other litigation.
§7.3. NONCONFORMING STRUCTURES
§7.3.1. Description
A nonconforming structure is any building or structure, other than a sign, that was lawfully
established but no longer complies with the lot and building regulations of the zoning district in
which it is located.
§7.3.2. General
Nonconforming structures may remain, subject to the regulations of Article 7.
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Chapter 110. Article 7. Nonconformities §7.4 Nonconforming Uses
§7.3.3 Alterations and expansions
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 7-3
§7.3.3. Alterations and expansions
A. Residential districts
Alterations of nonconforming structures in residential districts, including enlargements and
expansions, are permitted provided the proposed alteration or expansion does not increase
the extent of nonconformity.
B. Nonresidential districts
Alterations of nonconforming structures in nonresidential districts, including enlargements
and expansions, are permitted provided the proposed alteration or expansion does not
increase the extent of nonconformity and the proposed alteration or expansion results in the
enlargement or expansion of the nonconforming structure by no more than 25 percent or
5,000 square feet, whichever is less.
§7.3.4. Use
A nonconforming structure may be used for any use allowed in the zoning district in which the
structure is located.
§7.3.5. Moving
A nonconforming structure may be moved in whole or in part to another location only if the
movement or relocation eliminates or reduces the extent of nonconformity. A nonconforming
structure may be moved to another lot only if the structure would comply with the zoning
regulations that apply to that (relocation) lot. The provisions of §7.3.5 shall not apply to
involuntary movements of uses as a result of condemnation actions or other litigation.
§7.3.6. Loss of nonconforming status
A. Intentional damage or destruction
When a nonconforming structure is intentionally destroyed, razed or dismantled by a
deliberate act of the owner or the owner’s agent, all nonconforming structure rights are lost
and reconstruction of the nonconforming structure is prohibited.
B. Accidental damage or destruction
Unless a nonconforming structure loses its nonconforming structure rights pursuant to
§7.3.6.A, above, the structure may be restored as authorized by §15.2-2307, Code of Virginia
for natural disasters and acts of God.
§7.3.7. Chesapeake Bay regulations nonconformities
See §4.18.9.
§7.4. NONCONFORMING USES
§7.4.1. Description
A. General
A nonconforming use is a land use that was lawfully established in accordance with all zoning
regulations in effect at the time of its establishment but that is no longer allowed by the use
regulations of the zoning district in which the use is now located. Lawfully established uses
that do not comply with any applicable separation (or spacing) distance requirements (e.g.,
those that require one land use to be located a certain minimum distance from another land
use) are also deemed nonconforming uses.
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§7.4 Nonconforming Uses Chapter 110. Article 7. Nonconformities
§7.4.2 Change of use
Adopted 7/12/2016 Zoning Ordinance
7-4 City of Fairfax, Virginia
B. Duplex and single-family attached dwellings in RM and RH districts
Notwithstanding other provisions of this chapter to the contrary, a lawfully constructed
duplex or single-family attached dwelling in the RM or RH district shall not be considered
nonconforming solely because such use is not allowed in the applicable district.
§7.4.2. Change of use
A nonconforming use may be changed to any other use that is allowed in the subject district. Once
changed to a conforming use, a nonconforming use may not be re-established.
§7.4.3. Expansion of use
Expansion of nonconforming uses is permitted if the proposed expansion results in the
enlargement or expansion of the use by no more than 25 percent or 5,000 square feet, whichever
is less.
§7.4.4. Remodeling and improvements
A building in which a nonconforming use is located may be remodeled or otherwise improved as
long as the remodeling or improvements do not violate the other regulations of this chapter.
§7.4.5. Moving
A. A nonconforming use may be moved in whole or in part to another location on the same lot
only if the movement or relocation eliminates or reduces the extent of nonconformity.
B. A nonconforming use may be moved to another lot only if the use is allowed under the
zoning regulations that apply to that (relocation) lot.
§7.4.6. Loss of nonconforming status
A. Abandonment
1. Once a nonconforming use is abandoned, its nonconforming status is lost and any new,
replacement use must comply with the regulations of the zoning district in which it is
located.
2. A nonconforming use is presumed abandoned when the use is discontinued or ceases
for a continuous period more than two years.
3. The presumption of abandonment may be rebutted upon showing, to the satisfaction
of the zoning administrator, that during such period the owner of the land or structure
has been:
(a) Maintaining the land and structure in accordance with all applicable City Code
requirements and did not intend to discontinue the use; or
(b) Engaged in other activities that affirmatively prove there was not intent to
abandon.
4. Any period of discontinued use caused by natural disasters and acts of God will not be
counted in calculating the length of discontinuance.
B. Change to conforming use
If a nonconforming use is changed to a conforming use, no matter how short the period of
time, all nonconforming use rights are lost and re-establishment of the nonconforming use is
prohibited.
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Chapter 110. Article 7. Nonconformities §7.5 Nonconforming Site Development Features
§7.4.7 CHESAPEAKE BAY REGULATION NONCONFORMITIES
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 7-5
§7.4.7. CHESAPEAKE BAY REGULATION NONCONFORMITIES
See §4.18.9.
§7.5. NONCONFORMING SITE DEVELOPMENT FEATURES
§7.5.1. Description
A nonconforming site development feature is any aspect of a development—other than a
nonconforming lot, nonconforming use, or nonconforming structure—that was lawfully
established, in accordance with zoning regulations in effect at the time of its establishment but
that no longer complies with one or more regulations of this chapter. Common examples of
nonconforming development features are off-street parking or loading areas that contain fewer
spaces than required by current regulations and sites that do not comply with current landscaping
or screening requirements.
§7.5.2. General
Nonconforming site development features may remain except as otherwise expressly stated in
this chapter, but the nature and extent of nonconforming site development features may not be
increased except as otherwise expressly stated in this chapter.
§7.5.3. Nonconforming signs
A. Alteration or replacement
The zoning administrator may permit the alteration or replacement of nonconforming
signage provided that replacement substantially reduces the degree of nonconformity of the
existing sign (i.e., eliminates pylon or pole signage, reduces total area, provides greater
setback, reduces height).
B. Abandonment
Nonconforming signage may be continued only so long as the use advertised continues and
such use is not discontinued for more than two years. Where a use advertised by a
nonconforming sign is discontinued for more than two years, the nonconforming sign shall be
considered abandoned and the sign shall be removed at the owner’s expense.
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§7.5 Nonconforming Site Development Features Chapter 110. Article 7. Nonconformities
§7.5.3 Nonconforming signs
Adopted 7/12/2016 Zoning Ordinance
7-6 City of Fairfax, Virginia
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Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 8-1
Article 8. Enforcement and Penalties
§8.1. RESPONSIBILITY FOR ENFORCEMENT
The zoning administrator is responsible for the interpretation, administration and enforcement of the
provisions of this chapter unless otherwise expressly stated.
§8.2. VIOLATIONS
§8.2.1. General
It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or
use any land in the city, or cause any of these actions, contrary to or in violation of any of the
provisions of this zoning ordinance. Any violation of a provision of this zoning ordinance—
including but not limited to all of the following—may be subject to the remedies and penalties
provided for in this chapter.
A. To use land or buildings in any way not consistent with the requirements of this chapter;
B. To erect a building or other structure in any way not consistent with the requirements of this
chapter;
C. To engage in the use of a building or land or any other activity requiring one or more permits
or approvals under this chapter without obtaining such required permits or approvals;
D. To engage in the use of a building or land or any other activity requiring one or more permits
or approvals under this chapter in any way inconsistent with any such permit or approval or
any condition imposed on the permit or approval;
E. To violate the terms of any permit or approval granted under this chapter or any condition
imposed on the permit or approval;
F. To obscure, obstruct or destroy any notice required to be posted or otherwise given under
this chapter;
G. To violate any lawful order issued by any person or entity under this chapter; or
H. To continue any violation after receipt of notice of a violation.
§8.2.2. Continuing Violations
Each day that a violation remains uncorrected after receiving notice of the violation from the city
shall constitute a separate violation of this chapter.
§8.3. REMEDIES AND PENALTIES
The city has all remedies and enforcement powers allowed by law, including the following:
§8.3.1. Withhold permits
The zoning administrator may disapprove or withhold administrative permits, certificates or other
forms of authorization on any land or structure or improvements upon which there is an
uncorrected violation of a provision of this chapter or of a condition or qualification of a permit,
certificate, approval or other authorization previously granted by the city. This enforcement
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§8.3 Remedies and Penalties Chapter 110. Article 8. Enforcement and Penalties
§8.3.2 Permits approved with conditions
Adopted 7/12/2016 Zoning Ordinance
8-2 City of Fairfax, Virginia
provision may be used regardless of whether the current owner or applicant is responsible for the
violation in question.
§8.3.2. Permits approved with conditions
Instead of withholding or disapproving a permit or other authorization, the zoning administrator
may grant such authorization subject to the condition that the violation be corrected.
§8.3.3. Revoke permits
A. Any administrative permit, certificate or other form of authorization required under this
chapter may be revoked by the zoning administrator when the zoning administrator
determines:
1. That there is departure from the plans, specifications, or conditions as required under
terms of the permit;
2. That the permit, certificate or other form of authorization was procured by false
representation or was issued by mistake; or
3. That any of the provisions of this chapter are being violated.
B. Written notice of revocation must be served upon the owner, the owner’s agent or
contractor, or upon any person for which such permit was issued. If no persons can
reasonably be served with notice, the notice must be posted in a prominent location. After
delivery or posting of notice, no construction or development may proceed.
§8.3.4. Injunctive relief
The city may seek an injunction or other equitable relief in court to stop any violation of this
chapter or of a permit, certificate or other form of authorization granted under this chapter.
§8.3.5. Abatement
The city may seek a court order in the nature of mandamus, abatement, injunction or other action
or proceeding to abate or remove a violation or to otherwise restore the premises in question to
the condition in which they existed prior to the violation.
§8.3.6. Civil penalties
A. Violation of the provisions of this chapter, whether by act or omission, shall be punishable by
a civil penalty of $200 per day and each day that a violation remains uncorrected after
receiving notice of the violation from the city shall constitute a separate offense of this
chapter. In addition, repeat violations, meaning violations of the same section that are
repeated after resolution of the initial violation, shall be subject to the following penalties:
1. $500 for the second violation,
2. $500 for the third violation and
3. $500 for each additional violation to a maximum $2,500.
B. The designation of a particular violation of this chapter as a civil penalty shall preclude
criminal prosecution or sanctions, except for any infraction also resulting in injury or death to
any person or persons.
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Chapter 110. Article 8. Enforcement and Penalties §8.3 Remedies and Penalties
§8.3.7 Criminal penalties
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 8-3
§8.3.7. Criminal penalties
A. Any violation of the following provisions, or any provision of proffers accepted pursuant
thereto shall be deemed a misdemeanor and, upon conviction, shall be fined not less than
$10 nor more than $1,000 for each offense:
1. §3.7.2, Historic overlay districts;
2. §4.6, Signs, only as applied to signs placed in the right of way or on public property;
3. §4.15, Floodplains;
4. §4.16, Storm drainage facilities;
5. §4.18, Chesapeake Bay preservation; and
6. §6.8, Site plan review.
B. Failure to remove or abate a zoning violation within the time period established by the court
shall constitute a separate misdemeanor offense punishable by a fine of not less than $10
nor more than $1,000; and
C. Continued failure during each succeeding 10-day period shall constitute a separate
misdemeanor offense for each 10-day period punishable by a fine of not less than $100 nor
more than $1,500.
D. The remedy provided for in this §8.3 shall be in addition to any other remedies provided by
law; however, the designation of a particular violation of this chapter as a civil penalty shall
preclude criminal prosecution or sanctions, except for any infraction also resulting in injury or
death to any person or persons.
§8.3.8. Other penalties, remedies and powers
In addition to all other actions and penalties authorized in this article, the city attorney is
authorized to institute injunctive, abatement or any other appropriate judicial or administrative
actions or proceedings to prevent, enjoin, abate, or remove any violations of this chapter. After
due notice to the owner of the violation, the city may also issue a citation for violation of this
chapter requiring the presence of the violator in municipal court.
§8.3.9. Continuation of previous enforcement actions
Nothing in this chapter prohibits the continuation of previous enforcement actions, undertaken by
the city pursuant to previous valid ordinances and laws.
§8.3.10. Remedies cumulative
The remedies and penalties established in this chapter are cumulative, and the city may exercise
them in any combination or order.
§8.3.11. Persons subject to penalties
The owner or tenant of any building, structure, premises, or part thereof, and any architect,
builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains
such violations may each be found guilty of a separate offense and be subject to penalties,
remedies and enforcement actions.
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§8.4 Enforcement Procedures Chapter 110. Article 8. Enforcement and Penalties
§8.4.1 General
Adopted 7/12/2016 Zoning Ordinance
8-4 City of Fairfax, Virginia
§8.4. ENFORCEMENT PROCEDURES
§8.4.1. General
Upon becoming aware of any violation of any provisions of this chapter, the zoning administrator
may serve a notice of such violation on the person committing or permitting the same, which
notice shall require such violation to cease within such reasonable time as is specified in such
notice. After such notice is sent and such violation is not ceased within such reasonable time as is
specified in the notice, then the zoning administrator may proceed to remedy the violation as
provided below.
§8.4.2. Summons
If the zoning administrator determines that a violation of the provisions of this chapter
enumerated in §8.3.7, has occurred, the zoning administrator shall cause a summons in the form
prescribed by the General District Court for Fairfax County for such misdemeanors to be mailed by
regular or certified mail or hand-delivered to the persons committing or permitting the violation.
§8.4.3. Tickets
A. If the zoning administrator determines that a violation of the provisions of this chapter other
than those enumerated in §8.3.7, has occurred, the zoning administrator shall cause a ticket
to be mailed by regular or certified mail or hand-delivered to the persons committing or
permitting the violation.
B. Such ticket shall contain the following information:
1. The name and address of the person charged;
2. The nature of the violation and the provision being violated;
3. The location, date and time that the violation occurred or was observed;
4. The amount of the civil penalty assessed for the violation;
5. The manner, location and time in which the civil penalty may be paid to the city; and
6. The right of the recipient of the ticket to elect to stand trial for the violation.
C. The ticket shall provide that any person charged with a violation may make an appearance in
person or in writing by mail to the office of treasurer and, at such time, may enter a waiver of
trial, admit liability and pay the civil penalty established for the offense charged. Such ticket
shall provide that signature to an admission of liability shall have the same force and effect as
a judgment of court; however, an admission shall not be deemed a criminal conviction for
any purpose.
D. If a person charged with a violation does not elect to enter a waiver of trial and admit
liability, the violation shall be tried in the general district court in the same manner and with
the same right of appeal as provided by law. A finding of liability shall not be deemed a
criminal conviction for any purpose.
§8.4.4. Notice of right to appeal
Any written notice of a zoning violation or a written order of the zoning administrator, including a
summons or ticket as described above, shall include a statement informing the recipient that he
may have a right to appeal the notice of a zoning violation or a written order within 30 days in
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Chapter 110. Article 8. Enforcement and Penalties §8.5 Storm Drainage Regulations Enforcement
§8.4.4 Notice of right to appeal
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 8-5
accordance with this chapter, and that the decision shall be final and may not be appealed if not
appealed within 30 days. The appeal period shall not commence until such notice is given.
§8.5. STORM DRAINAGE REGULATIONS ENFORCEMENT
See §4.16.9.
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§8.5 Storm Drainage Regulations Enforcement Chapter 110. Article 8. Enforcement and Penalties
§8.4.4 Notice of right to appeal
Adopted 7/12/2016 Zoning Ordinance
8-6 City of Fairfax, Virginia
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Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 9-1
Article 9. Definitions
§9.1. GENERAL
Any term not herein defined shall be as defined elsewhere in the City Code, or, if not defined elsewhere
in the City Code, as defined in Webster's New International Dictionary, most recent edition.
§9.2. ABBREVIATIONS
ADA: Americans with Disabilities Act.
CC: City council of the city of Fairfax, Virginia
BAR: Board of architectural review of the city of Fairfax, Virginia.
BMP: Best management practices.
BZA: Board of zoning appeals of the city of Fairfax, Virginia.
dBA: Decibel
DBH: Diameter at breast height (generally 4.5 feet above ground)
FCC: Federal communications commission.
PC: Planning commission of the city of Fairfax, Virginia.
PD: Director of community development and planning of the city of Fairfax, Virginia.
PW: Director of public works of the city of Fairfax, Virginia.
VSFPC: Virginia Statewide Fire Prevention Code.
USBC: Virginia Uniform Statewide Building Code.
VSMP: Virginia stormwater management program.
ZA: Zoning administrator of the city of Fairfax, Virginia.
§9.3. DEFINED TERMS
Any term not herein defined shall be as defined elsewhere in the City Code, or, if not defined elsewhere
in the City Code, as defined in Webster's New International Dictionary, most recent edition.
§9.3.1. General terms
A-WEIGHTED SOUND PRESSURE: The sound pressure level as measured on a sound level meter using the
A-weighted network, reported as dBA.
ABUTTING: See “contiguous”.
ACCESSORY BUILDING, STRUCTURE, OR USE: A detached building, structure, or use on the same lot with,
or of a nature customarily incidental or subordinate to, and of a character related to the principal
use or structure.
ACCESSORY DWELLING UNIT: A dwelling, including separate kitchen, sleeping, and bathroom facilities,
that is attached as part of a principal, single-family dwelling and is subordinate in size to the
dwelling. (See also §3.5.5.D.1)
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§9.3 Defined Terms Chapter 110. Article 9. Definitions
§9.3.1 General terms
Adopted 7/12/2016 Zoning Ordinance
9-2 City of Fairfax, Virginia
ADJACENT: Same as “abutting”.
ADMINISTRATIVE ADJUSTMENT: See §6.16.
ADMINISTRATIVE ACTION OR DECISION: Nondiscretionary regulatory action taken by the planning
commission or zoning administrator interpreting regulations, or reviewing subdivisions, permits or
approvals under this chapter; an administrative action must satisfy the requirements prescribed
under state law or this chapter, whichever is stricter.
ADULT BOOKSTORE: A bookstore that devotes more than 15 percent of the total floor area for the
display and sale of the following: (1) Books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual
or audio representations which are characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas; or; (2) Instruments, devices
or paraphernalia which are designed for use in connection with specified sexual activities. The
term adult bookstore shall not include a bookstore that sells adult books or periodicals as an
incidental or accessory part of its principal stock-in-trade and does not devote more than 15
percent of the total floor area of the establishment to the sale of such books or periodicals.
ADULT DAY CARE: A program operated in a structure other than a residential dwelling that provides
group care and supervision on a less than 24-hour basis, and in a place other than their guest’s
usual place of abode, to four or more adults 18 years or older who may be physically or mentally
disabled.
ADULT ENTERTAINMENT ESTABLISHMENT: (1) A restaurant or food service, nightclub, bar, cabaret,
lounge, club or other establishment, whether private or open to the public, which features adult
entertainment; and (2) Any commercial establishment, including but not limited to a restaurant or
food service, nightclub, bar, cabaret, lounge, club or other establishment, which, as its primary
business, offers for sale any book, publication or film which depicts nudity, or sexual conduct or
which offers services such as bath houses, adult massage, adult wrestling parlors or similar
activities.
ADULT ENTERTAINMENT: Live performances by topless and/or bottomless dancers, strippers or similar
entertainers, characterized by the display or exposure of specified anatomical areas.
ADULT MASSAGE: Any place where, for any form of consideration or gratuity, a massage, alcohol rub,
administration of fomentations, electric or magnetic treatments, or any other treatment or
manipulation of the human body occurs as a part of or in connection with specified sexual
activities or where any person providing such treatment, manipulation, or service related thereto,
exposes any of his or her specified anatomical areas.
ADULT MODEL STUDIO: Any establishment, where, for any form of consideration or gratuity, figure
models who display specified anatomical areas exhibit themselves to be observed, sketched,
drawn, painted, sculptured, photographed or similarly depicted by persons, other than the
proprietor, paying such consideration or gratuity. The following is excluded from this definition:
any school of art, which is authorized under the laws of the state to issue and confer a diploma.
ADULT MOTION PICTURE THEATRE: A theater, concert hall, or similar commercial establishment, where,
for consideration, any films, motion pictures, video cassettes, slides or similar photographic
reproductions are shown, and in which a substantial portion of the total presentation time is
devoted to the showing of material which is distinguished or characterized by an emphasis upon
the depiction or description of specified sexual activities or specified anatomical area for
observation by patrons. Movies rated G, PG, PG-13, R or N-C by the Motion Picture Association of
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Chapter 110. Article 9. Definitions §9.3 Defined Terms
§9.3.1 General terms
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 9-3
America, or live theatrical performances with serious artistic, social or political value, that depict
or describe specified anatomical areas, are expressly exempt from regulation under this chapter.
ADULT USE: Any business or establishment subject to the definitions and regulations of §3.5.3.A,
including, adult bookstore, adult entertainment establishment, adult massage, adult model studio
and adult motion picture theater.
ALTERATION: Any change, addition, or modification in construction or occupancy of an existing
structure.
ALTERNATIVE TELECOMMUNICATIONS STRUCTURE: Buildings, clock towers, bell steeples, electric poles,
utility poles, water storage tanks, and other similar alternative-design mounting structures that
are used for the purpose of supporting and obscuring the presence of antennas.
AMATEUR RADIO AND RECEIVE-ONLY ANTENNAS: A structure on which an antenna is installed for the
purpose of transmitting and receiving amateur radio signals erected and operated by an amateur
radio operator licensed by the FCC.
AMUSEMENT CENTER: Any indoor place that contains three or more amusement machines of any
description, including but not limited to pinball games, computer amusement (video games),
and/or games of chance for the public amusement, patronage and recreation.
AMUSEMENT MACHINE: Any mechanical, electronic and/or coin operated game and/or device for the
amusement of the general public. This definition shall not be construed to include coin-operated
music players commonly referred to as jukeboxes or coin-operated vending machines that merely
dispense cigarettes, candy, gum, toys or like products.
ANIMAL CARE FACILITY: See §3.4.1.F.1.
ANTENNA: A system of electrical conductors that transmit or receive electromagnetic waves or radio
frequency or other wireless signals. Such shall include, but not be limited to radio, television,
cellular, paging, personal telecommunications services (PCS), microwave telecommunications and
services not licensed by the FCC, but not expressly exempt from the city’s siting, building and
permitting authority.
APPLICANT: Any person, including any authorized agent, submitting an application for a permit or
requesting approval under this chapter.
APPROVAL AUTHORITY: The city council, board of zoning appeals, planning commission or other board
or official designated by this chapter as being authorized to grant the specific zoning or land use
permit or approval.
ARCHITECT: An individual who is certified by the state and who is licensed to practice architecture by the
state board for architects, professional engineers, land surveyors, certified interior designers and
landscape architects or its successor.
ART GALLERY OR STUDIO: Where objects of art are displayed for viewing, created (including the
teaching of painting and sculpting, or similar activities), or displayed for sale.
AS-BUILT SITE PLAN: A certified site plan showing the location of buildings and all on-site and off-site
improvements as actually constructed.
ASSISTED LIVING FACILITY: A residential care facility designed for limited care of ambulatory elderly
persons, with spouses or companions when applicable, but not including any facility licensed as a
health care facility by the state. A facility providing assisted living care but also licensed by the
state as a nursing home or other health care facility shall be considered a “nursing home.”
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§9.3 Defined Terms Chapter 110. Article 9. Definitions
§9.3.1 General terms
Adopted 7/12/2016 Zoning Ordinance
9-4 City of Fairfax, Virginia
AUCTION HOUSE: A building, structure or lot used for the purpose of conducting public sales of items
sold to the highest bidder.
AUDITORIUM OR ARENA: Any structure that draw large numbers of people to specific events or shows.
Activities are generally of a spectator nature.
AVERAGE FINISHED GRADE: The reference plane level representing the average finished ground level
adjoining a building at exterior walls. For measurement purposes, average finished grade shall
mean the average of four elevations, taken at ground level at the lowest point along four building
facades.
BANNER: A sign consisting of a light-weight, flexible material, which is supported and fixed by a frame,
ropes, cables, wires or other anchoring device on a minimum of two sides, whose movement is
constrained.
BASEMENT: Any area of the building having its floor sub-grade (below ground level) on all sides.
BED AND BREAKFAST: Transient accommodation with rooms or suites available to guests in an owner-
occupied principal, single-family dwelling unit.
BEEHIVE OR HIVE: A dwelling place constructed for bees.
BEST MANAGEMENT PRACTICE (BMP): A practice, or combination of practices, that are determined by
the state to be the most effective, practicable means of preventing or reducing the amount of
pollution generated by nonpoint sources to a level compatible with state water quality goals.
BLOCK: A block is a rectangular space bounded on four sides by streets and occupied by or intended for
buildings.
BLOCK FACE: The area between two intersecting streets along the same side of the street on which the
subject parcel is located.
BUFFER AREA: An area of natural or established vegetation managed to protect other components of a
resource protection area and state waters from significant degradation due to land disturbances.
BREWPUB: A restaurant or food service and brewery that sells the majority of its beer on site. The beer
is brewed primarily for sale in the restaurant or food service and associated bar, and the beer is
often dispensed directly from the brewery’s storage tanks. Off site sales are limited and not the
primary use.
BUILDABLE AREA: See §1.5.3.
BUILDING: Any structure having a roof supported by columns or walls.
BUILDING CODE: The Virginia Uniform Statewide Building Code (USBC).
BUILDING FRONTAGE. See §1.5.10.A.
BUILDING LINE: A line parallel to an abutting street beyond which no structure or appurtenance shall
extend or the required yard (setback) adjacent to a property line not fronting on a street.
BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot on which it is
situated.
BUILDING SUPPLIES AND LUMBER SALES: An establishment engaged in the retail sale of building
supplies and lumber.
BULK PLANE: See §1.5.6.
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Chapter 110. Article 9. Definitions §9.3 Defined Terms
§9.3.1 General terms
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 9-5
BULK WASTE: Discarded items such as appliances, furniture bedding material automobile parts
mechanical equipment mechanical parts carpet or similar material.
CANOPY TREE: See §4.5.9.B.1.
CARPORT: A permanent structural addition, wholly or partly covered by a roof, unenclosed on three
sides, and used for the shelter of motor vehicles. For purposes of this definition, unenclosed
carport means having 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.
CAR WASH: A completely enclosed structure used, or designed to be used, for the washing, cleaning or
waxing of vehicles, which may utilize a chain or other conveyor and blower or steam-cleaning
device.
CARETAKER APARTMENT: A dwelling that is accessory to warehouses and storage buildings and facilities.
CATERING OR DELIVERY SERVICE: A catering or delivery operation where food is prepared and delivered
to customers off-site.
CEMETERY: Land used or intended to be used for the burial of the dead, whether human or animal,
including a mausoleum or columbarium.
CREMATORIUM: A place where bodies are consumed by incineration and the ashes of the deceased are
collected for permanent burial or storage in urns.
CHESAPEAKE BAY PRESERVATION AREA OR CBPA: Any land designated by the city council pursuant to
Code of Virginia, § 10.1-2107. A Chesapeake Bay preservation area shall consist of a resource
protection area and a resource management area.
COLONY: An aggregate of bees consisting principally of workers but having when perfect one queen and
at times drones brood combs and honey.
COLLEGE OR UNIVERSITY: An institution of higher learning that offer courses of general or specialized
study leading to a degree.
COLUMBARIUM: A structure or vault lined with recesses for cinerary urns.
COMMERCIAL: A land-use classification that permits facilities for the buying and selling of commodities
and services.
COMMERCIAL VEHICLE: See City Code, Section 98-147.
COMMERCIAL WASTE: All materials or substances from any commercial or industrial establishment.
COMMUNITY SERVICES: See §3.4.1.E.1.
CONDITIONED SPACE: Building area that is heated and/or air conditioned.
CONGREGATE LIVING FACILITY: A building or other complex containing multiple dwelling units that are
separately occupied but that have one or more common kitchen and dining area for residents of
the individual units. An apartment building or condominium complex shall not be considered
“congregate living” where each unit includes complete kitchen facilities, regardless of the fact that
such complex includes one or more common areas.
CONTIGUOUS OR ABUTTING: To physically touch or border upon; or to share a common property line or
border. Unless otherwise expressly stated, this definition does not include lots or parcels on the
opposite side of a street.
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§9.3 Defined Terms Chapter 110. Article 9. Definitions
§9.3.1 General terms
Adopted 7/12/2016 Zoning Ordinance
9-6 City of Fairfax, Virginia
CONVENIENCE STORE: Any establishment that contains less than 5,000 square feet of floor area and
which is used for the retail sale of food, household supplies and convenience items.
CORNER LOT: See §1.5.
DANCING AREAS: Any area designed or intended for dancing.
DAY CAMP: A dwelling, building, lot, tract, or parcel of land operated as either a commercial or
noncommercial enterprise operated or used for the entertainment, education, recreation,
religious instruction or activities, physical education, or health of 12 or more persons under 18
years of age and not related to the operator of such place or establishment by blood or marriage
for any portion of the day, more than two consecutive days per week.
DAY CARE CENTER: Any place, facility or institution where one or more children under 13 years of age
receives care, guidance, or education on a regular basis for any period of more than one hour but
less than 24 hours in any 24-hour period unattended by a parent, guardian, or person with legal
custody.
DAY CARE HOME, FAMILY: Provision of regulated childcare in a facility defined by the state as a “family
day home.” (See also §3.5.5.D.8)
DETENTION FACILITY OR JAIL: A publicly operated use providing judicially required detention or
incarceration of people.
DEVELOPMENT: All and any disturbance and the resulting landform associated with the construction of
residential, commercial, industrial, institutional, recreation, transportation or utility facilities or
structures or the clearing of land for non-agricultural or non-silviculture purposes.
DRIP LINE: The area defined by the outermost circumference of a tree canopy from where water drips
onto the ground.
DRIVE-THROUGH FACILITIES: A window or other facility designed to enable a person to transact
business while remaining in a motor vehicle.
DRUG STORE: An establishment engaged in the retail sale of prescription drugs, nonprescription
medicines, cosmetics, and related supplies.
DRIVEWAY: A private roadway located on a parcel or lot used for vehicle access.
DUPLEX: A residential building with two attached dwelling units located on a single lot with a common
or abutting wall or on individual lots with a common or abutting wall. Each dwelling unit has an
external entrance.
DWELLING UNIT: A building, or portion thereof, providing complete and permanent living facilities for
one household, for long-term residency of 30 days or more, and all conditioned space is
continuous and connected and fully accessible from all space by all occupants. Dwelling unit
includes the following.
Accessory dwelling units
Single-family attached
Single-family detached
Duplex
Multifamily
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Chapter 110. Article 9. Definitions §9.3 Defined Terms
§9.3.1 General terms
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 9-7
Townhouse
Upper story residential/mixed use building
ELECTRIC VEHICLE CHARGING STATION: A facility used or intended for the charging of electric vehicles.
ENGINEER: An individual who is certified by the state and who is licensed to practice engineering by the
state board for architects, professional engineers, land surveyors, certified interior designers and
landscape architects or its successor.
ENTERTAINMENT: A featured event, which use provides live, audio, video or other recorded shows, acts,
or amusements for the participation and/or benefit of patrons. This term shall not include adult
entertainment and uses, amusement machines, dancing areas, movie theaters, theaters other
than movie theaters, or non-participatory background entertainment.
ENTERTAINMENT AREAS: Any area designed or intended for entertainment.
FENCE: Any artificially constructed barrier of any material or combination of materials erected to
enclose or screen areas of land.
FINANCIAL SERVICE: An establishment primarily engaged in the provision of financial and banking
services. Typical uses include banks, savings and loan institutions, credit unions, stock and bond
brokers, loan and lending activities, and similar services.
FOOD TRUCK: Any readily movable mobile food service establishment, to include vehicles or trailers
that are self-propelled, pushed or pulled to a specific location.
FUEL STATION: An establishment providing retail sales of vehicle fuels, which may also provide minor
repairs and maintenance. This use does not include paint spraying or body repair.
FUNERAL HOME: An establishment engaged in undertaking services such as preparing the human dead
for burial and arranging and managing funerals. Typical accessory uses include mortuaries.
FURNITURE OR APPLIANCE STORE: An establishment engaged in the retail sale of furniture and
appliances.
GARAGE: An accessory building or part of a principal building used primarily for the storage of vehicles
as an accessory use and having no provision for repairing or servicing such vehicles for profit.
GARAGE SALE: The sale of personal property which is conducted on the same lot as a residential
dwelling within a residential district.
GOVERNMENTAL USE: The use of land and buildings maintained by any governmental agency for
administrative, cultural, educational, health or welfare purposes, for water supply, sewerage,
public safety or automobile parking purposes. The use of land and buildings maintained by any
governmental agency for administrative, cultural, educational, health or welfare purposes, for
water supply, sewerage, public safety or automobile parking purposes, but not including any
materials or equipment yard.
GROCERY STORE: A store with 5,000 square feet or more that sells food.
GROUP HOME/STATUTORY: A residential care facility in which persons with mental illness, intellectual
disability, or developmental disability reside, with one or more resident or non-resident staff
persons, as residential occupancy by a single-family detached dwelling, which is licensed by the
Department of Behavioral Health and Developmental Services. For purposes of this definition and
the use of the term within this chapter, “mental illness, intellectual disability and or
developmental disability” shall not include current illegal use of or addiction to a controlled
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§9.3 Defined Terms Chapter 110. Article 9. Definitions
§9.3.1 General terms
Adopted 7/12/2016 Zoning Ordinance
9-8 City of Fairfax, Virginia
substance as defined in Va. Code § 54.1- 3401, all as provided in Va. Code §15.2-2291.A. (See also
§3.5.2.C)
HALF STORY: A partial story under a gable, hip or gambrel roof, the wall plates of which on at
least two opposite exterior sides are not more than two feet above the floor of such story;
provided that any such story used as a separate dwelling unit shall be counted as a full story.
HARDSHIP SIGN: See §4.6.11.F.
HAZARDOUS WASTE: Insecticides, poisons, corrosives, combustibles, caustics, acids, infectious materials,
explosives, compressed gases, biological and chemical materials, radioactive materials, flammable
materials, and petroleum products, or similar material Industrial waste. All materials or
substances related to manufacturing processing or production.
HEIGHT: See §1.5.11.
HISTORIC MARKERS: SEE §4.6.11.G.
HOME OCCUPATION, MAJOR: See §3.5.5.D.12
HOME OCCUPATION, MINOR: See §3.5.5.D.12.
HONEY BEE: All stages of life of the common domestic certified European honey bee otherwise known
by the species name Apis mellifera.
HOSPITAL: An institution providing human health services primarily for in-patient medical and surgical
care for the physically or mentally sick and injured and including related support facilities such as
laboratories, out-patient departments, staff offices, food services, and gift shop.
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Chapter 110. Article 9. Definitions §9.3 Defined Terms
§9.3.1 General terms
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 9-9
HOTEL/MOTEL: A building or group of buildings containing multiple guest rooms, for overnight guests,
and containing registration facilities, on-site management, cleaning services and combined
utilities.
HOTEL, EXTENDED-STAY: A building or group of buildings providing lodging for persons and that is
intended, designed and used for the accommodation of transient lodgers in suites having one or
more rooms including separate bathroom, kitchen and sleeping areas in each rental unit. The
definition of extended-stay hotel shall not include dwelling units.
HOUSEHOLD. Any of the following: (a) an individual, or two or more persons related to one another by
blood, marriage, or legal adoption, living together as a single housekeeping unit in a single
dwelling unit; or (b) up to four unrelated persons living together as a single housekeeping unit in a
single dwelling unit; or (c) up to eight mentally ill, mentally retarded, or developmentally disabled
persons, with one or more resident counselors or other staff persons living together as a single
housekeeping unit in a single dwelling unit, which is licensed by the Department of Behavioral
Health and Development services.
IMPERVIOUS SURFACE: A surface composed of any material that significantly impedes or prevents
natural infiltration of water into the soil. (See also §1.5.7.B).
INFORMATIONAL OR DIRECTIONAL SIGN: Signs giving information or direction for the convenience and
necessity of the public; i.e., "entrance," "exit," "office," "no admittance," "no trespassing,"
"telephone," "parking," "loading only," "no hunting, fishing, or swimming, " "bad dog," "full-
service," "self-service," and similar directives.
INTERMITTENT STREAM: A channel with flowing water during certain times of the year, when
groundwater provides water for stream flow. During dry periods, intermittent streams may not
have flowing water. Runoff from rainfall is the primary source of water for stream flow.
JUNKYARD: The use of more than 600 square feet of any lot or parcel for outdoor storage and/or sale of
waste paper, rags, scrap metal, or other junk, including the storage of automobiles or other
vehicles, or dismantling of such vehicles or machinery or parts thereof.
KENNEL: An establishment for the keeping or breeding of dogs for profit, or more than four dogs or
more on any premises, or any number of dogs that are kept for the purpose of sale or in
connection with the boarding, care or day care, training, breeding, or selling, for which any fee is
charged.
LAND SURVEYOR: An individual who is certified by the state and who is licensed to practice land
surveying by the state board for architects, professional engineers, land surveyors, certified
interior designers and landscape architects, or its successor.
LANDSCAPE ARCHITECT: An individual who is certified by the state as a certified landscape architect and
who is licensed to practice landscape architecture by the state board for architects, professional
engineers, land surveyors, certified interior designers and landscape architects, or its successor.
LANDSCAPING: Any live plant material such as trees, shrubs, ground cover, and grass used in spaces void
of any impervious material or building structures, areas left in their natural state or areas where
mulch is used as a ground cover.
LEGISLATIVE ACTION OR DECISION: Discretionary regulatory decision or approval by the planning
commission or city council regarding text amendments, map amendments (rezoning) or special
use review under this chapter; a reasonably debatable action that could result in a decision that
promotes the general welfare of the city.
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§9.3 Defined Terms Chapter 110. Article 9. Definitions
§9.3.1 General terms
Adopted 7/12/2016 Zoning Ordinance
9-10 City of Fairfax, Virginia
LIBRARY: A publicly-operated facility housing a collection of books, magazines, audio and video tapes, or
other material for borrowing and use by the general public.
LITTER: Any can, bottle, box, carton, container, paper, wrapper, tobacco product, rag cloth, or
newspaper.
LOADING AREA: A completely off-street space on the same lot for the loading or unloading of freight,
merchandise or other items with ingress and egress to a street (see §4.2.9).
LOT COVERAGE: (See §1.5.7).
LOT LINE: A line of record bounding a lot which divides one lot from another lot or from a street or other
public space.
LOT LINE, FRONT: See §1.5.12.B.
LOT LINE, SIDE (INTERIOR): See also §1.5.12.C
LOT LINE, SIDE (STREET): See also §1.5.12.C.
LOT LINE, REAR: See also §1.5.12.D.
LOT OF RECORD: A lot which is part of a subdivision recorded among the land records of Fairfax County,
or a lawful lot existing on the effective date of the city’s zoning regulations applicable to the
district in which the lot is located and described by metes and bounds, the description of which
has been so recorded.
LOT, CORNER: A lot bordering on two or more streets, which intersect at an angle not greater than 135
degrees.
LOT, INTERIOR: A lot other than a through lot or corner lot.
LOT, PIPESTEM (FLAG LOT): An irregularly shaped lot which has an appendage or extension which does
not meet or exceed 75 percent of the lot width requirements of the applicable district.
LOT, THROUGH (DOUBLE FRONTAGE LOT): A lot that abuts two parallel streets or that abuts two streets
that do not intersect at the boundaries of the lot. See also §1.5.
LOT: See ”lot of record.”
MANUFACTURING, GENERAL: See §3.4.1.G.1.
MANUFACTURING, HEAVY: See §3.4.1.G.2.
MANUFACTURING, LIMITED: See §3.4.1.G.3.
MEDICAL CARE FACILITIES: See §3.4.1.E.2.
MONOPOLE: A single, self-supporting pole-type structure, tapering from the base to the top and
supporting a fixture designed to hold one or more telecommunications antennas.
Monument sign: The only type of ground-mounted sign allowed in the city. See §4.6.9
MOTEL: See “hotel/motel”.
MULTIFAMILY: A residential building containing three or more dwelling units sharing common walls
and/or floors. Such buildings often share a common entrance. More than one multifamily building
may be located on a single lot, subject to compliance with the requirements for complexes
(§3.4.2).
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Chapter 110. Article 9. Definitions §9.3 Defined Terms
§9.3.1 General terms
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 9-11
MUSEUM: An establishment for the display of art or historic or science objects.
NOISE: Any sound that may cause or tend to cause an adverse psychological or physiological effect on
human beings.
NONCONFORMITY: See Article 7.
NONPOINT SOURCE POLLUTION: Pollution consisting of constituents such as sediment, nutrients, and
organic and toxic substances from diffuse sources, such as runoff from agriculture and urban land
development and uses.
NONRESIDENTIAL BUILDING: A building constructed to accommodate nonresidential uses on all floors.
NONTIDAL WETLANDS: Areas other than tidal wetlands that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions, as defined by the U.S. Environmental Protection Agency pursuant to section 404 of the
federal Clean Water Act, in 33 CFR 3238.3b.
NURSERY SCHOOL: Any place, home, facility, or institution, however designated, operated primarily for
the purpose of providing educational instruction for six or more children, all of whom are under
the age eligible for enrollment in the city of Fairfax or Fairfax County Public Schools. A nursery
school shall not be deemed a major or minor home occupation.
NURSING HOME: A state-licensed facility, however named, which is advertised, announced, or
maintained for the express or implied purpose of providing nursing or convalescent care for three
or more persons unrelated to the licensee. A nursing home is a home for chronic or convalescent
patients, who, on admission, are not as a rule, acutely ill and who do not usually require special
facilities such as an operating room, X-ray facilities, laboratory facilities, and obstetrical facilities. A
nursing home provides care for persons who have remedial ailments or other ailments, for which
medical and nursing care are indicated; who, however, are not sick enough to require general
hospital care. Nursing care is their primary need, but they will require continuing medical
supervision.
OCTAVE BAND ANALYZER: An instrument to measure the octave band composition of a sound by means
of a bandpass filter. It shall meet the specifications of the American National Standards Institute
publications S1.4-1961, S1.6-1967, and S1.11-1966, or their successor publications.
OFFICE BUILDING: A building designed for or used as the offices of professional, commercial, religious,
public or semi-public organizations provided that no goods, wares, or merchandise shall be
prepared or sold on the premises.
OFFICE, GENERAL: See §3.4.1.F.2.
OFFICE, MEDICAL: See §3.4.1.F.3.
OFF-SITE: Any area that does not fall within the boundary of the land to be developed.
OLD TOWN FAIRFAX: Old Town Fairfax Historic Overlay District and the Old Town Fairfax Historic
Transition Overlay District. (See §3.7.2.B and §3.7.3)
ON-SITE: That area which is within the boundary of any lot or site to be developed.
OUTDOOR DINING AND SERVICE AREAS: An area that contains portable seating and tables, intended
solely for the consumption of food and beverages that are also included in the standard menu of
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§9.3 Defined Terms Chapter 110. Article 9. Definitions
§9.3.1 General terms
Adopted 7/12/2016 Zoning Ordinance
9-12 City of Fairfax, Virginia
the restaurant or food service, outside the exterior walls of a restaurant or food service. See also
§3.5.5.D.17
OUTDOOR DISPLAY: See §4.10.
OUTDOOR STORAGE: See §4.10.
OUTPARCEL: Individual retail sites in a retail center that, when combined, are less than the square
footage of the attached retail spaces which form the majority of the square footage of the center.
OWNER: The owner of record according to the land records of Fairfax County.
PARAPET WALL: A barrier which is an extension of the wall at the edge of a roof, terrace, balcony,
walkway or other structure.
PARCEL: A legally described piece of land.
PARKING LOT: An area not within a building, where motor vehicles may be stored for the purpose of
temporary, daily, or overnight off-street parking (see §4.2).
PARKING, COMMERCIAL: An off-street garage (parking structure) or surface lot that provides parking
that is not accessory to a specific use. A fee may or may not be charged. A facility that provides
both accessory parking for a specific use and regular fee parking for people not connected to the
use is also classified as a commercial parking. Examples include short- and long-term fee parking
facilities, park and ride facilities and mixed parking lots (partially accessory to a specific use, partly
for rent to others). Commercial parking does not include the off site storage of new or used
vehicles for sale.
PARKING, MUNICIPAL: An off-street garage (parking structure) or surface lot, other than a private
parking lot, used for the parking of motor vehicles which is available for general public use.
PARKING SPACE. A designated off-street area designed to accommodate the parking of one vehicle.
PARKING STRUCTURE: A combination of materials utilizing walls or columns for support to form a
construction to be used for the parking or loading of motor vehicles either above or below grade.
PARKS: See §3.4.1.E.3.
PERIMETER RESIDENTIAL LOTS: Residential lots in a planned development that are located along the
outermost edge of a development site.
PERSON: Any individual, firm, partnership, corporation, company, association, or joint stock association.
PETROLEUM STORAGE AND DISTRIBUTION: A petroleum storage facility consisting of, but not limited to,
containers, tanks, equipment, apparatus and all piping, fittings and appliances used or intended to
be used for the storage, processing, handling, use or movement of flammable or combustible
liquids. For the purpose of this definition, the terms "fuel sales, residential" and "fuel station" are
not included.
PLANT NURSERIES AND GREENHOUSES: An establishment for the propagation, cultivation and growing
of nursery stock for gardens, grounds, yards, and indoor use such as trees, plants, shrubs, sod,
seeds and vines and the retail sales of such nursery stock such as soil, mulch, plant food/nutrients,
fertilizers, herbicides and insecticides.
PORCH: A projection from an outside wall of a dwelling covered by a roof with no side walls more than
two feet in height (other than the sides of the building to which the porch is attached).
PREMISES: The term “premises” is interchangeable with the term “lot.”
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Chapter 110. Article 9. Definitions §9.3 Defined Terms
§9.3.1 General terms
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 9-13
PRINCIPAL DWELLING, BUILDING, STRUCTURE OR USE: The dwelling, building, structure or use that
contains or constitutes the primary function or activity of a lot.
PRIVATE CLUB: An establishment providing meeting, recreational, or social facilities for a private or
nonprofit association, primarily for use by members and guests. Typical uses include private social
clubs and fraternal organizations. The definition of private clubs does not include adult uses or
nightclubs.
PROJECT: A site under unified control for the purposes of development.
RECREATION AND OPEN SPACE: All space within the boundaries of a project that has been set aside for
use by the owners and residents of the project and not dedicated as public lands. (See also
RECREATION, INDOOR: See §3.4.1.F.4
RECREATION, OUTDOOR: See §3.4.1.F.5
RECREATIONAL FACILITIES, PRIVATE: Structures, facilities, equipment and sites on a lot designed and
intended for the use and enjoyment of residents and occupants of the lot.
RECREATIONAL VEHICLE (RV): A vehicle which is: (a) built on a single chassis; (b) 400 square feet or less
when measured at the largest horizontal projection; (c) designed to be self-propelled or
permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.
REDEVELOPMENT: Any reconstruction, conversion, structural alteration, relocation or enlargement of
any structure or any extension of the use of the land.
RELIGIOUS INSTITUTIONS: See §3.4.1.E.4.
RESEARCH AND DEVELOPMENT: A business that engages in research, or research and development, of
innovative ideas in technology-intensive fields. Examples include research and development of
computer software, information systems, communication systems, transportation, geographic
information systems, multi-media and video technology. Development and construction of
prototypes may be associated with this use.
RESOURCE MANAGEMENT AREA OR RMA: The component of the Chesapeake Bay preservation area
that is not classified as the resource protection area and which is contiguous to the inland
boundary of the RPA. Resource management areas include land types that, if improperly used or
developed, have a potential for causing significant water quality degradation or for diminishing
the functional value of the resource protection area. All lands in the city that are not designated as
resource protection areas are resource management areas.
RESTAURANT OR FOOD SERVICE: See §3.4.1.F.6.
RETAIL, CONVENIENCE: See §3.4.1.H.1.
RETAIL, GENERAL: See §3.4.1.F.7.
RETAIL, LARGE FORMAT: A building that either occupies 30,000 square feet on one or on more than one
level dedicated to one or more principal retail commercial land use(s), including, but not limited to
grocery stores and shopping centers.
RIGHT-OF-WAY: An area or strip of land, either public or private, on which an irrevocable right-of-
passage has been recorded for the use of vehicles or pedestrians or both.
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§9.3 Defined Terms Chapter 110. Article 9. Definitions
§9.3.1 General terms
Adopted 7/12/2016 Zoning Ordinance
9-14 City of Fairfax, Virginia
ROOF LINE: The top edge of the roof, which forms the top line of the building silhouette, but not
including equipment structures.
SCHOOL, TECHNICAL, TRADE OR BUSINESS: A use providing education or training in business, commerce,
language, or other similar activity or occupational pursuit, and not otherwise defined as a home
occupation, college, university, nursery school, or public or private educational facility.
SCHOOL, ELEMENTARY, MIDDLE AND HIGH: An institution that offers instructions in the several
branches of learning and study required to be taught in the public schools by the state.
SELF-SERVICE STORAGE FACILITY: A facility that includes two or more individual units of 500 square feet
or less, each of which is rented solely to store household goods and personal effects as defined in
Virginia Code Section 58.1-3504, tangible personal property employed in a trade or business as
defined in Virginia Code Section 58.1-3503.A.17, and inventory of stock on hand as that term is
used in Virginia Code Section 58.1-3510.A.
SERVICE DRIVE: A travel lane on dedicated right-of-way.
SERVICES, CONVENIENCE: See §3.4.1.H.2.
SERVICES, GENERAL: See §3.4.1.F.8.
SERVICES, PERSONAL: See §3.4.1.F.9.
SHOPPING CENTER: A group of commercial establishments on a site, which may include one or more
lots, planned, developed, and managed as a unit. (See also “Retail, Large Format”)
SHRUB: See §4.5.9.B.3.
SIGN AREA: See §1.5.
SIGN FACE: The area of a sign used for visual communication.
SIGN STRUCTURE: Anything built or constructed for the purpose of supporting a sign.
SIGN: Any temporary or permanent identification, description, animation, illustration, or device,
illuminated or nonilluminated, which is visible from any right-of-way and which directs attention
to any realty, product, service, place, activity, person, institution, performance, commodity, firm,
business or solicitation, including any permanently installed or situated merchandise or any
emblem, painting, banner, poster, bulletin board, pennant, placard or temporary sign designed to
identify or convey information. A sign shall include all structural members. (See also §4.6).
SINGLE-FAMILY ATTACHED: A residential building constructed to accommodate two principal dwelling
units located on two lots that share a common wall along the lot line. Each dwelling unit has an
external entrance.
SINGLE-FAMILY DETACHED: A residential building containing one dwelling unit located on a single lot.
SINGLE-FAMILY LOT: A lot approved for or developed with a single-family detached dwelling.
SITE PLAN: Detailed drawings indicating all building locations and site improvements required by §6.8.
SITE: Site or site area. (See §1.5.2.B.)
SOCIAL SERVICE DELIVERY: An establishment where the principal function of the establishment is
providing on-site food distribution, free or reduced-cost meal service, free or reduced-cost
clothing distribution, counseling, job training, or other related services primarily to persons with
limited ability for self-care, those persons in need of employment, or those persons with
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Chapter 110. Article 9. Definitions §9.3 Defined Terms
§9.3.1 General terms
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 9-15
emotional or behavioral disabilities. This term shall not include uses operated by governmental
agencies or facilities primarily for the care or treatment of persons who are currently illegally
using or are addicted to a controlled substance as defined in Code of Virginia, § 54.1-3401 An
office where the principal function is the administration of a services delivery establishment and
not principally intended for the delivery of a service directly to the client shall not be construed to
be social service delivery.
SOLID WASTE: Litter, garbage, trash, industrial waste, bulk waste, yard waste, commercial waste,
hazardous waste, structural waste, tires, or any other condition, substance, material, product, or
thing which may be detrimental or potentially harmful to health safety comfort and general
welfare of the public or the environment.
SOUND LEVEL METER: An instrument to measure sound pressure levels.
SPECIFIED ANATOMICAL AREAS: (1) less than completely and opaquely covered: human genitals, pubic
region, buttock and female breast below a point immediately above the top of the areola; and (2)
human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Any activity featuring human genitals in a state of sexual stimulation or
arousal or acts of masturbation, sexual intercourse, sodomy, fondling or other erotic touching of
human genitals, pubic region, buttock or female breast.
SPECIAL EXCEPTION: See §6.17.
STATE: The Commonwealth of Virginia.
STORAGE POD: A purpose-built, fully-enclosed, box-like container designed to permit ease of loading to
and from a transport vehicle. The term does not include accessory structures or roll-off
(dumpster) containers.
STREET FRONTAGE: See§1.5.10.B.
STREET, PUBLIC: A dedicated and accepted public right-of-way for vehicular traffic, including the
following: arterial, collector, local, and alley.
STREET, PRIVATE: A local or collector street, not a component of the city street system that is owned
and regulated, with maintenance guaranteed by a private entity.
STRUCTURE: Anything constructed or erected which requires a location on the ground, or is attached to
something having a location on the ground, including but not limited to signs, fences, radio
towers, gasoline pumps and swimming pools.
STRUCTURAL WASTE: All building materials resulting from erecting removing, repairing, remodeling, or
razing buildings or other structures
STRUCTURE, MAIN: A structure that contains a primary or predominant use.
STRUCTURED PARKING: See “parking structure”.
SUBDIVISION: Division or re-division of a lot, tract or parcel of land into two or more lots or other
division of land. This includes any changes in street or lot lines.
TELECOMMUNICATIONS FACILITY: Any site that is designed and constructed primarily for the purpose of
supporting and including one or more antennas or microwave dishes, and including, but not
limited to, telecommunications towers.
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§9.3 Defined Terms Chapter 110. Article 9. Definitions
§9.3.1 General terms
Adopted 7/12/2016 Zoning Ordinance
9-16 City of Fairfax, Virginia
TELECOMMUNICATIONS TOWER: Any structure that is designed and constructed primarily for the
purpose of supporting and including one or more antennas or microwave dishes, and including but
not limited to self-supporting lattice towers, guyed towers, man-made trees, monopole towers,
telephone, radio and television transmission towers.
THEATER: Any building, structure or other indoor place, or any portion thereof, having fixed seating
arranged in rows to allow spectators an unobstructed view and devoted to the performance arts
for which an admission charge is made.
TIDAL WETLANDS: Vegetated and non-vegetated wetlands as defined in Code of Virginia, § 28.2-1300.
TOBACCO AND SMOKE SHOPS: A store that sells tobacco and smoking-related products, including but
not limited to e-cigarettes and hookah.
TOWNHOUSE: A residential building with three or more attached dwelling units located on separately
owned lots or on a single lot where the units are lined up in a row and share side walls. Each unit
has its own external entrance.
TRAILER: Any vehicle used or maintained for use as a conveyance upon highways, whether motor power
is required or not.
TREE CANOPY: The horizontal spread of a tree at maturity.
TREE, STREET: Any tree that grows in the right-of-way of a street or on private property adjacent to a
street as authorized by the owner and placed or planted there by the city and designated by
ordinance.
TREE: Any living, self-supporting woody plant that produces one main trunk and is 10 feet or greater in
height, and 3.50 inches or greater in caliper measured six inches above ground level.
TUTORING: Personal instruction of up to three students.
LEARNING CENTER: Personal instruction of more than three.
UNDERSTORY TREE: See §4.5.9.B.2.
UPPER STORY RESIDENTIAL/MIXED USE: A building constructed to accommodate ground floor retail and
upper story residential or office uses.
UTILITY FACILITIES: Telephone, electric and cable television lines, poles, equipment and structures;
water or gas pipes, mains, valves or structures; pumping stations; telephone exchanges and
repeater stations; and other facilities, equipment and structures necessary for conducting a
service by a government or utility.
UTILITIES, MAJOR: See §3.4.1.E.5.
UTILITIES, MINOR: See §3.4.1.E.6.
VARIANCE: See §6.18.
VEHICLE PARTS STORE: A primarily retail establishment specializing in the sale of vehicle parts.
VEHICLE REPAIR: See §3.4.1.F.12.
VEHICLE SALES AND LEASING: See §3.5.3.I.
VEHICLE SERVICE: See §3.4.1.F.11.
RETURN TO TABLE OF CONTENTS
Chapter 110. Article 9. Definitions §9.3 Defined Terms
§9.3.2 Floodplain-related terms
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia 9-17
VEHICLE STORAGE AND TOWING: Any land or building where two or more wrecked, abandoned,
impounded or new vehicles of any kind are stored prior to repair, disposal, claim or sale, but does
not include the repair, wrecking, dismantling or salvaging of said vehicles or their parts.
WAREHOUSE AND FREIGHT MOVEMENT: See §3.4.1.F.13.
WASTE SERVICE: See §3.4.1.G.5.
WINDOW: An opening in a wall or door that contains transparent glass.
YARD WASTE: All materials derived from trees shrubbery leaves fallen branch s lawn trimmings and
other woody waste
YARD, FRONT: See §1.5.12.
YARD, REAR: See §1.5.12.
YARD, SIDE (INTERIOR): See §1.5.12.
YARD, SIDE (STREET): See §1.5.12.
YARD: See §1.5.12.
§9.3.2. Floodplain-related terms
See §4.15.15.
§9.3.3. Storm drainage facilities-related terms
See §4.16.10.
§9.3.4. Chesapeake Bay Preservation-related terms
See §4.18.14
Zoning Ordinance Adopted 07/12/2016
City of Fairfax, Virginia RETURN TO TABLE OF CONTENTS
i
INDEX
Administrative Appeals, 6-55
Appeals to Court, 6-58
Application Processing, 6-4
Application Requirements, 6-2
Area
buildable, 1-7
floor, 1-9
lot, 1-7
lot area per unit, 1-7
sign, 1-15
Board of Architectural Review, 5-3
Board of Zoning Appeals, 5-2
Building Frontage, 1-9
Building Separation, 1-7
Bulk Plane, 1-8
Certificates of Appropriateness, 6-16
Chesapeake Bay Presentation, 4-97
Chesapeake Bay Preservation Reviews, 6-37
City Council, 5-1
Common Review Procedures, 6-1
Complexes, 3-13
Construction Standards, 4-1
Coverage
buildng, 1-8
Coverage (impervious)
lot, 1-9
Density, 1-9
Director of Community Development and
Planning, 5-4
Director of Public Works, 5-6
District Conversion Chart, 1-17
Districts Established, 3-1
general districts, 3-1
historic overlay districts, 3-48
overlay districts, 3-2
planned development districts, 3-3
Drive-through Windows/Facilities
screening for, 4-22
Effective Date, 1-4
Enforcement, 8-1
procedures, 8-4
Erosion and Sediment Control, 4-96
Erosion and Sediment Control Permits, 6-35
Floodplain Permits, 6-33
Frontage
street, 1-9
Ground-mounted Mechanical Equipment
screening for, 4-23
Height
buildings and structures, 1-10
sign, 1-15, 4-32
stories, 1-10
telecommunications towers or structure, 1-
11
John C. Wood House Historic District, 3-55
Jurisdiction, 1-4
Landscaping, 4-13
low impact development (LID), 4-20
screening, 4-22
trees, 4-19
vehicle parking lots, 4-20
Lot Width, 1-15
Multi-use Paths, 4-12
Nonconformities, 7-1
nonconforming features, 7-5
nonconforming lots, 7-2
nonconforming status, 7-1
nonconforming structures, 7-2
nonconforming uses, 7-3
Notice and Public Hearings, 6-5
Off-street Parking and Loading, 4-1
Old Town Fairfax Historic Overlay District, 3-49,
3-53
Old Town Fairfax Transition Overlay District, 3-
55
Outdoor Lighting, 4-49
Outdoor Storage and Display, 4-53
Outdoor Storage of Materials, Supplies, Vehicles
and Equipment
screening for, 4-23
Pedestrian and Biking Facilities, 4-12
Pedestrian Paths, 4-13
Permitted Use Table
accessory uses, 3-32
Pipe Stem Lots, 1-15
Planned Development Commercial (PD-C), 3-61
Planned Development Industrial (PD-I), 3-61
Planned Development Mixed Use (PD-M), 3-60
Planned Development Residential (PD-R), 3-60
Planned Development Reviews, 6-22
Planned Development Standards
master development plans, 3-58
RETURN TO TABLE OF CONTENTS
INDEX
Adopted 7/12/2016 Zoning Ordinance
City of Fairfax, Virginia
Planned Development Standards, 3-58
Planning Commission, 5-1
Pre-application Meeting, 6-1
Principal Use Table
principal uses, 3-4
Proffers, 6-13
Public Notice Requirements, 6-6
Purpose Statements
general districts, 3-1
overlay districts, 3-2
planned development districts, 3-3
Recreation and Open Space, 3-62
Roof-mounte Equipment
screening for, 4-23
Sidewalks, 4-12
Sign Permits, 6-31
Site Plan Reviews, 6-27
Special Exceptions, 6-46
Special Use Reviews, 6-25
Specific Use Standards
accessory uses, 3-30
commercial uses, 3-24
industrial uses, 3-30
public, civic and institutional uses, 3-16
residential uses, 3-14
temporary uses, 3-43
Storm Drainage Facilities, 4-76
Stormwater Permits, 6-41
Summary of Review Authority, 6-1
Text Amendments, 6-10
Through lots
rear yard requirements, 1-13
Title, 1-4
Transitional Provisions, 1-15
Tree Removal Permits, 6-32
Use Groups
commercial, 3-9
industrial, 3-12
public, civic and institutional, 3-8
Variances, 6-48
Violations, 8-1
remedies and powers, 8-1
Yards
encroachments, 1-14
Zoning Administrator, 5-5
Zoning Map, 2-1
split-zoned lots, 2-1
Zoning Map Amendments (Rezoning), 6-12