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2021-09ORDINANCE NO.2021-09 AN ORDINANCE AMENDING CHAPTER 110 (ZONING) TO AMEND PORTIONS OF ARTICLES AND SECTIONS CONTAINED THEREIN, INCLUDING INTRODUCTORY PROVISIONS, ZONING DISTRICTS AND REGULATIONS, SITE DEVELOPMENT STANDARDS, DEVELOPMENT REVIEW AND DEFINITIONS. BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 1, §1.5.12, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: § 1.5.12. Required yards (setbacks) E. Permitted encroachments REQUIRED . ENCROACHMENTS SIDE SIDE OBSTRUCTION/PROJECTION INTO REQUIRE.(INTERIOR) REAR Structures Accessory structures and buildings (detached garages, play structures, gazebos, etc. as detailed in §3.5.51 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 Carports may not project more than 3 feet into any required side (interior) or rear yard 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, ■ if a ne4s e ediRg four insher thick may _d- . •h ta ..da rtr , ■ be located in any part of any side (interior) or rear yard behind the rear wall of the principal dwelling Architectural/Building Features ADA facilities constructed for access to existing buildings may ■ ■ ■ extend a distance as needed into any required yard ■ Basement egress windows ■ ■ ■ ■ Bay windows, eaves, chimneys, Pe-�`.�,,es- steaps,-covered entryways, awnings, canopies, balconies, decks (covered_or uncovered , and similar features of a ■ ■ ■ ■ principal dwelling may not project more than 3 feet into any required yard Patios -and terraces provided that the floor is not more than 18 inches above around level. may shall be at least 5 feet to from any side interior or rear lot line Porches, covered accessory to residential uses other than multifamily may extend a distance of not more than 10 feet into the required front yard, provided that the encroachment may not ■ contain permanent screens or partitions. Sills, cornices and similar ornamental features may project not exceeding 18 inches beyond any required setback9F bwild'Rg IiAe, ■ ■ i ■ except as otherwise provided herein Steps or walkways used to ascend and descend a porch, stoop, entryway, balcony or deck provided that to the extent practicable, they extend along rather than across ■ ■ ■ ■ the required side (interior) yard _W 1 ffejemot'ens shall be W st G feet Fc . lot 1: Yard Items Fences and walls in accordance with §43 ■ ■ ■ ■ Landscaping in accordance with §4.5 ■ ■ • • Mechanical equipment, such as HVAC units and generators. 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 Signs in accordance with §4.6 ■ ■ Statues, mailboxes, basketball standards or flagpoles accessory to residential uses other than multifamily may encroach into required yards. Sharing boxes may encroach into required yards, provided that no more than one such box is permitted per residential property and that none shall be greater than five cubic feet in size Above -ground tanks for liquids, gasses or similar contents, accessory to residential uses, provided that all such items remain at least 2 feet from the side interior and rear lot line Driveways 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) yards provided a minimum setback of 5 feet is ■ maintained to the extent practicable F. Exceptions 1. Front and side (street), 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 right-of-way as follows: MINMUM DISTANCE OF BUILDING LINE FROM ABEISHED RIGHT-OF-WAY CENTERLINE DISTRICT L�ESIT� SIDE (STREET) BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 1, §1.6.6, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: § 1.6.6. District conversion The zoning district names in effect prior to the effective date of this chapter are amended as shown below. DesignationPrevious 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 Residential Multifamily BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 3, §3.2.1, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §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 6. RMF, Residential Multifamily District The RMF, Residential Multifamily District is established to provide areas for multifamily residences. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 3, §3.3.1, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §3.3.1. Principal use table 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; for accessory uses, see §3.5.5; for temporary uses, see §3.5.6; and for large format retail, see §4.9. PUBUr, OnC AND INSITWoi '' USES _ I Parks and open areas` S S S S S S S P P P P P P BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 3, §3.4.1, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §3.4.1. Use Interpretation E. Public, civic and institutional use groups 3 3. Parks and open areas Uses with a principally public purpose 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 Iots and playgrounds; mini -parks; plazas; squares; greens; neighborhood parks; botanical gardens; nature preserves trails;and— Fee-r-e-Atien pedestrian facilities; multi -use trails or any similar use. G. Industrial use groups 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 fabrication; lawn mower repair; movie production facility; phete finishing laber^ter- ; welding, machine, tool repair shop or studio; or any similar use. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 3, §3.5.2, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §3.5.2. Public, civic and institutional use standards B. Day care centers Signs4. r-nentiment sign f up t 32 square feet iarea, six feet high; :`1 a. wall signo f p to 24 s e feet; betl, eFmay . ragnument s gn of up to 22 square F et ; area, si* feet NO; and a wail sign of up t De1:1.:. 24 square feet; both ..Fwhich instiWfiens 1 have dir-estional may be illuminated by ea,tea_...al sign as .m:tte white light. 3 by R4 ,C 1 1 G may 14 G. Schools, elementary, middle or high 4. -Sigos A ­010121— I 4 I H. Social service delivery feet in siy. feet high; and a wali sign 0 a menufnent sign of up to-32 squaFe afea, up te 24 square feet; both ef whieh Fa delivery hav-P may be illuminated diiFeetional signs by e*tefflal white light. as by §4.6.1 !.C. A-rui-al sieiwiee may also pefFaitted -5 4. 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 I. Telecommunications facilities 4. Location and construction (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 information shall be required displaying the name, registration number and emergency contact number of the tower owner. The sign information shall not exceed four square feet in size and shall be located on the security fence or other approved location. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 3, §3.5.3, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §3.5.3. Commercial use standards D. Bed and breakfasts 5 s hangingBed and breakfasts may be allowed one fear- sq;aar-e feet fnen efing 9 n per street F. eats subjeet to the following. M 7 --C_ _ (e) Sign illumination shall be by extemal kght-aal�, F. Restaurants or food services 2. See drive -through windows, facilities provisions of §3.5.5.D.9. §3.5.5.D.10. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 3, §3.5.5, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: 5 §3.5.5. Accessory use standards C. Accessory use table RESIDENTIAL DISTRICTS NONRESIDENTIAL DISTRICTS R I R I R I RT I R I R C C C C C I 1 USE TYPES/USE GROUPS L M H -6 T MF L O R U G L H Drive through windows/facilities S S S S S S �' ` n- 9 §3.5.5.D.10 F R R R F H~�errupalions, majo Heme Home occupations, minor P P I P P P P I §3.5.5.D.12 Home occupations. major S S S S S S I §3.5.5.D.12 D. Accessory use standards 12. Horne occupations (d) Major home occupations (6) 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. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 3, §3.5.6, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §3.5.6. Temporary Use Standards C. Temporary uses allowed without a permit 1. Unless otherwise specified, permits are not required for the following types of special events provided that such uses are required to meet all applicable general standards in §3.5.6.1): (a) Minor events Minor events including, but not limited to privately -sponsored gatherings, walk-a-thons, charity fundraisers, garage_sales and similar events. (6) Signs for minor events shall comply with §4.6.'� 4S 6.3.P; and (b) Retail sales events and promotions, outdoor (4) Signs for retail sales events and promotions shall comply with §" K6.3.L ; and 6 (c) Seasonal sales, temporary (2)Signs for seasonal sales, temporary shall comply with §4.6.12.F- 4§ 6.3.0. E. Pick-up and drop-off containers and facilities 6. Signage and Required information Denatien No advertising of any type mLay be placed on donation drop-off boxes= however each box 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 owneribeneficiary of the container; K. 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: (a) A fnaNimum ef 30 days within a six Fnenth period on a single family let; seve eenseeutive days within a six month period en ether- residential sites; and (b) On arative constmetion sites, provided they we r-emoved within 30 days of (a) On active construction sites with an active building permit in all districts, provided they are removed within 30 days of completion of construction-; and JhJ A On single-family lots, for a maximum of 30 days within a six-month period en a single-family let; on other residential sites for seven consecutive days within a six-month period; on ether- residential site or, for projects not requiring a building_ permit as determined by the zoning administrator.;;—a*d J. Special events, temporary 5. Signs for temporary special events shall comply with §"� 4§ 6.12.A. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 3, §3.7.2, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §3.7.2. Historic Overlay District B. Old Town Fairfax Historic Overlay District 8. Signs (a) Applicability All signs otherwise allowed in the underlying general use district (§4.6.8) shall be subject to the approval of a certificate of appropriateness in accordance with the provisions of §6.5; provided, however, changes to text only, temperar} other signs 4(§ 6.12), or signs allowed without a permit (§4.6.3), excluding §4.6.3.D, §4.6.3.E and §4.6.3.G, shall not be subject to such approval. Changes 7 to the font color and size are subject to approval of a certificate of appropriateness. (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 " informational signs (i.e., "open/closed," etc.) otherwise allowed by §4.6.3.C. (f g) 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. (2) Parking structures may be counted toward total cumulative sign area. (3) Awning or canopy signs located on the first floor of a building indieat-in shall not be counted toward the maximum permitted sign area. (g fD Allowed sign types and regulations The following sign types shall be allowed, subject to regulations as specified below, as well as the general sign regulations and standards specified in §4.6. Wall 1.00 sq. ft./linear ft. building N/A frontage; 0.50 sq. ft./linear ft. of building face which is not defined as a building frontage Projecting 8 sq. ft. May project 4 ft. or 1/3 width of Rf se"^~d steFy wmess sidewalk, whichever is less second ..twy @*04" cl ea N/A Window 25 percent of the gross, N/A transparent glass area on the ground floor facade of a building Freestanding, 8 sq. ft. Minimum 12 ft. Hanging [1] building setback Hardship 1.00 sq. ft./linear ft. building N/A frontage; 0.50 sq. ft./4A" linear ft. of building face which is not defined as a building frontage 8 Monument 18 sq. ft. Sandwich 6 sq. ft. per face Board Minimum building setback N/A Awning or WA Awning or canopy signs N/A Canopy located on the first floor of a building shall not be counted toward the maximum Permitted sign area. Flags 24 sq. ft. each building; counted The anchoring as part of building -mounted device shall not signage for purpose of project more calculating permitted area than 5 ft. from the surface of the wall �.., Notes: (1) All other types of freestanding (or pylon) signs are prohibited. 6 ft. 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 N/A No part of the flag shall Each supporting extend above the roof line pole shall be or 20 ft. above grade, located in such a whichever is less. Each flag manner as not shall maintain an 8 ft. to impede the minimum clearance above free flow of grade pedestrian traffic BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 3, §3.7.3, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §3.7.3. Old Town Fairfax Transition Overlay District G. Signs 1. General All signs otherwise allowed in the underlying general use district (§4.6.8) shall be subject to the approval of a certificate of appropriateness in accordance with the provisions of §6.5; provided, however, changes to text only, sandwich board signs, temper -a other signs 4.6.12 or signs allowed without a permit (§4.6.3), excluding §4.6.3.D, §4.6.3.E and §4.6.3.G, shall not be subject to such approval. Changes to the font color and size are subject to approval of a certificate of appropriateness. (41 AgAtieft v uia , ether- th Mon_ 9 BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 4, §4.5.6, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §4.5.6. Tree requirements A. Tree canopy The following 10-year minimum tree canopy requirements shall apply in the respective districts: RESIDENTIAL DISTRICTS M RL Residential Low 25 RM Residential Medium 20 RH Residential High 20 RT-6 Residential tAWAho-ne Townhouse 15 RT Residential tewageuse Townhouse 15 RMF Residential Multifamily 10 BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 4, §4.6, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §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 plaeed on private PFOPeFty intended for exterior observation, thus ensuring the protection of property values, thP- Of the - o ghbe heeds 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; and size; and pur-p of alb signs. This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. if any pr-evisien off -this a4iele is found validity ef th provisions of this „ be given e ct , its. eus- the : 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 10 buildings, are legible , 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 displayed anywhere within the jur-isdiE;tieaa1 limits of the esity. -,.they-e based on the content of a si n's message, but rather based on the Cit 's interest as stated in 4.6.1.A. 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 peTmit(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 A. Indoor signs, other than window signs; B. Street address signs_, lege pef street address; notwithstanding ether provisions te- she eA-Rtr-;1r-Y, sueh signs distf et sueh signs shall he max t-4-A e square feet in -area; For residential districts, a maximum of two such signs are allowed per street address, and such signs in residential districts shall be a maximum of two square feet in area; 2. For nonresidential districts, a maximum of one such sign is allowed per business or use. Individual tenants or suites in multi -tenant buildings may rovide such siizns only if those tenants or suites feature direct public access from the building's exterior. The limitations on the number of street address signs per street address, business or use may be modified to the satisfaction of the building official for the purpose of emergency services identification; C. "Open" signs, : ,.l.,. ing te,- all„ or.i t..,-,.,.,lly illuminated n asp e neen signs (a type of window sign) up to two squar-ei feet in aFea, one p *-a14 Informational signs, providing information or instruction for the convenience and necessity of the public, such as o en/closed status of businesses or vital information such as "no admittance," "no trespassing," "no hunting, fishing or swimming," "beware of dog" and similar directives. Such signs are Iimited to a cumulative total of two square feet in area per property, business or use. Informational signs providing the open/closed status of businesses and located in a window may be externally or internally illuminated (including LED or neon illumination to facilitate safe and efficient communication of such operating status; D. Directional signs, providing direction for the convenience and necessity of the public, such as "entrance," "exit," "office," "parking," "loading zone," "full -service,' "self- service," and similar directives sub'ect to the standards of 4.6.11.C• 11 13 E. Product dispensers and point -of -purchase displays. Such signs may utilize electronic technology as specified in_§4.6.4.A.3; € F. Religious symbols pur-peses., MESSAGE SIGN. F G. Seasonal displays and decoration n (banner) ;, 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 H. 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 regarding public safety, public information or city -approved historical markers; # I. Traffic control and harking regulation signs; J. Changes to the text only of a ppe- eusly appFo ed changeable cM sign, provided the change does not violate or result in a violation of other provisions of this chapter. K. Message signs in residential districts (i.e., yard signs or similar MESSAGE types): SIGN I . For detached, attached, duplex and townhouse dwelling units, (yard sign) message signs ma be located upon the exterior of the unit inside a window, or on the lot on which the dwelling unit is located. Any such unit is allowed no more than 12 square feet without a permit. Additional message sign area can be permitted as 12er 4.6.12.13. The dimensions of any such sign face shall not exceed five feet in height, 2. For multifamily units (apartment, condominium u1mer story residential/mixed use congregate living facility or assisted living facility), message signs may be secured or attached to the exterior of the dwelling unit, or inside a window. Any such unit is allowed no more than six s uare feet of such si na e. The dimensions of an such sign face shall not exceed five feet in height; L. Message signs in nonresidential districts (i.e., banners or similar -types of signs). Any site business or use that has a direct public entrance on a building frontage in a nonresidential district is allowed no more than 32_sguare feet of message si ng age. Such signage may be displayed up to 90 days per year. All such signs must be secured or attached to a building or architectural feature thereof, below the roof line, or where window signs may be located. Such signs shall maintain a vertical clearance over a sidewalk of at least seven feet, six inches, M. Construction signs. Any construction site with an active building permit may have a certain amount of on -premises signs mounted either in the ground, on a building a fence: 1. Ground- or building -mounted: a) For residential districts, a maximum of two such signs are allowed per development. Height of ground -mounted construction signs, including any_ platform and base, shall not exceed 10 feet. No individual residential lot may have more than one such sign. The maximum cumulative area for all such signs shall be 10 square feet. All such signs shall be at least 10 feet from all property lines; (b) For nonresidential districts, the maximum cumulative area for all such signs shall be 32 square feet. All such signs shall be at least 10 feet from all property lines. Height of ound-mounted construction signs, including any platforin and base, shall not exceed 10 feet; 2. Fence -mounted: Any construction site with an active building permit may have on - premises signs, located on a fence (permanent or temporary) or wall, provided that any such signs shall be no higher than the fence or wall to which they are attached and that anv such signs shall be removed when the building permit is no longer valid; 12 N. Real Estate Signs. On -premises signs advertising the premises, or portions thereof, for sale, rent or lease: 1. Residential Districts: A lot in a residential district is allowed one such sin ner street frontage, with a maximum height of five feet and with a maximum signi area of tensquare feet. Any such sign must be either round -mounted or on a fence ermanent or temporary) or wall. Real Estate Signs must be removed upon settlement or closing of sale; 2. Nonresidential Districts: A lot in a nonresidential district is allowed one or more such signs, with a maximum height of five feet and with a maximum cumulative sign area of 32 s uare feet. Any such sign must be either ound-mounted or on a fence(permanent or tem or or wall. Real Estate Signs must be removed u on settlement or closing of sale; O. Seasonal Product Sales Signs. On -premises signs displayed in conjunction with a temporary seasonal sales use as specified in §3.5.6.C.1(c). Such a use includes, but is not limited to temi3orm guarters for seasonal sales of items such as Christmas trees fireworks, pumpkins or similar products. Temporary seasonal sales uses are permitted no more than 32 square feet of si ng age. Such signs shall not impede pedestrian flow. Such signs shall have the same duration as the associated temporary use, and, P. Minor event signs. On -premises signs advertising a minor event as allowed under §3.5.6.C. l (a). Such an event may include activities such as privately -sponsored gatherings, walk-a-thons charity fundraisers and similar events. Minor events are permitted no more than 32 square feet of signage. Such signs shall be secured or attached to a building or architectural feature thereof, below the roof line; located where window signs may be located; or located on the subject land at least 10 feet from all property lines where no building exists. Minor event signs may include banners. Any such signs for minor events are permitted for a maximum of 30 days per event, and up to 90 damper §4.6.4. Prohibited signs A. General Signs with the following general characteristics are prohibited in the city of Fairfax: l . 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_, ' Electronic technology may not be utilized except on product dis ensers and point -of -purchase displays as specified in K6.3; 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. 8. Signs that impede pedestrian flow on sidewalks, obstruct vehicle parking, spaces, or signs that do not comply with the visual clearance requirements set forth in &4.3.4. 13 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, and handhelds; provided, tr-aditienal barber poles signs may include the traditional spinning, re&white/blue, internal element. 2 Billboards and ^the - „ ff site signs Off -site signs, including billboards 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. 3. Pole (or pylon) and stick in the ground signs A sign erected on a vertical framework of one or more uprights, supported by the ground, except as permitted by 44.6.3 and §4.6.12. 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, except for sandwich board signs as permitted by §4.6.1 L 5. Roof signs A sip er- signs 5iM 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 and trailers Signs attached to, painted on, or displayed on vehicles and trailers conspicuously parked in places visible from public rights -of -way. This prohibition does not apply to commercial vehicles parked at the business establishment for which the primary use of the vehicle is delivery, service, or passenger transport. §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 below, 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. 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 14 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. 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: Monument signs in residential districts or within 100 feet of and visible from a residential district shall be illuminated by external white light only. All other signs within 100 feet of a residential district shall not be illuminated. 2. No sign greater than ten feet in height that is located within 200 feet of and visible from any residential district shall be internally illuminated between the hours of 10:OOpm and 6:OOam. 3. Sign illumination shall not cause glare onto any building or land, or interfere with pedestrian, vehicular or bicycle traffic safety. 4. Except as-spesified for seasonal displays (§4.6.3.F-G) 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. 5. 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 signs allowed b 4.6.3.AGHKLMNOPand §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, 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. is 5. The owner of any adveAisin sign located on commercial property where the use or business to which it refers 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 signs, 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. §4.6.7. Nonresidential use signs for residential districts A. Public civic and institutional use signs for residential districts Any site where the principal use is a public , -civic and institutional use as listed in 3.3.1.13and is located in a residential district but where the principal use does not include residential occupancy, may have a monument sign of up to 32 square feet in area, up to six feet in height; and a wall sign of up to 24 square feet, both of which may be illuminated by external white light. Such uses may also have directional signs as permitted by K6.11.C. Any such signs shall be setback at least 10 feet from all property lines. B. Commercial use signs for residential districts Any site where the principal use is a commercial use as listed in 43.3.1.B, and is located in a residential district, may be allowed one four square foot monument, projecting or hanging sign per street frontage, subject to the following requirements: 1. Ground -mounted signs shall be a maximum of six feet high. 2. ProiectinQ or hanging signs shall be a maximum of 10 feet high. 3. Sign illumination shall be by external white light onl . 4. Such uses may also have directional signs as permitted by §4.6.1 I .C. 5. Such signs shall be setback at least 10 feet from all property lines. §4.6.8. Signs allowed by district Sign 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). F�: B. Planned districts Signs in planned districts shall be allowed as specified in the respective planned district (§3.8). C. General use districts Signs allowed by permit 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 RESIDENTIALDiSTRICTS NONRESIDENTIALDiSTRICTS COSIGN TYPES I RT, GROUND -(MOUNTED SIGNS RMonument P P P P P P P P P P P P 11-1II.DING-MOUNTED Awning or canopy P P P P P P 1"1 d= P §4.6.9 P Errorl Hanging P P P P P P P Errorl Projecting P P P P P P P Errorl Wall SPECWL'StGNS Changeable copy P P P P P P P P Errorl P P P P P P P Errort Crown P P P P P P P Errorl Directional p p p p p p P Error! . Directory p p P p p p P Error! Fags A A A A A A A A A A A A A §4 (€ Hardship P P P P P P P Error! Kstek marker A A A A A A A A A A A A A §4 .114 Marquee P P P Error! Window P P P P P P P Error! Sandwich board �M_ QTHER SIGNS_, _ mwwmelnent OF Promotional P R P R P R P R P R P R P R Error! §4.6.12.6 R R R R R R R R I R R RA R �Af+ v�v Relilisa! aa4 Persia! R R R R R R R R R RP R R §4. Rea�eslate R R R R R RP R R R R R R §4 6E Seasepal wedur;l A A A A A A A A A A A A A F Special event P P P P P P P P P P P P P Error! Message signs in residential districts P P P P P P Error! Reference NOTES: 111 In addition to the sign types above that are allowed by permit, various types of signs without permits are allowed in Zoning Districts asspecified in '4.6.3. [21 Flans are allowed without a permit as specified in §4.6.1 I.E. §4.6.9. Monument signs A. Description An on -premises ground -mounted sign nonresidential distfiets, that is identifying uses that are lawfully operated on site, and/or identifying developments or subdivisions. Monument signs shall be 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 17 signs may also be located on an ornamental wall or retain in wall, Monument si arme the enly g nd Fneunted signs allowed in the eity F P.,:,.f ,. 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: For nonresidential uses 0.5 square foot for each linear foot of street frontage or a maximum of 50 square feet, whichever is less. For residential uses, no monument signage is permitted, except for purposes of identifying developments, neighborhoods or subdivisions. 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 sites 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. 4. "meets Location 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. 18 4. Location Gemp!y Hanging signs shall 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. 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 build' Rc'aq~«'^1 ' e as permitted by__ 4�6.8. For purposes of these regulations, fuel station canopy signs shall be considered wall signs. A wall sign shall not extend more than 12 inches from the building face to which it is attached. 2. Area Wall signs shall be no more than 2.0 square feet in area per linear foot of building frontage. 3. Height Location (a) No portion of a wall sign may extend above the roof line of a building, including that of gas station canopy. (b� Ne peAien ef a wall sign may eMend above top of a building, (e b) No portion of a wall sign may extend above the lower eave line of a building with a flat, d gable, hip or a gambrel roof. (b c) Wall signs shall not extend beyond the perimeter of any building edge. 19 (o d) Wall signs may be located on a parapet wall, pr-evidea that such sign,g that extends no more than five feet above the lwveast a -eve of the base of the arap et wall. §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 building may-be monument signs or marquee signs may include changeable copy suers. 2. Location Changeable copy signs may be included as a part of an otherwise permitted monument sign in any nonresidential district or as part of a monument sign permitted subject to the provisions of §3.5.2.9^ §3 s' 6= §3.5.2�.4" §36,24.4 44.6.7.A, 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. mien 4. 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 or five floors 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. FA C. Directional signs 1. Description go An on -premises building -mounted or ground -mounted infiemational signs providing direction for the convenience and necessity of the public, such as "entrance," "exit," "office," "full - service," "self-service," and -similar directives. 2. Number Up to two directional signs per street frontage shall be permitted within the required setback. Cep to 32 square feet of additional directional signage shall be permitted on the remainder of the site. 3. Area Directional signs shall not exceed four square feet in area and no ^~e than six feet height for building -mounted signs, or three square feet in area and throe r height for ground -mounted signs. 4. Heim Directional signs shall not exceed three feet in height within the required setback or six feet in height for the remainder of the site. 4-5.Location Located on the subject land, building or premises at least 10 feet from all property lines, or on a fence or wall. D. Directory signs 1. Description An on -premises map and./or sign directory at a multi -tenant -ram-rrraa-a-.vo u.ov.a va ..av •. ..a.vv .+�...+.-�.�.. .... .,..�, — _O__ _—_�__— ___ ____ -- � __ _ _ _- building nea-F an entr-anp-e to the building fef the purpose of identifying tbe napies and lecatieRs of uses within the bui di*g site that provides direction for the convenience and necessity of the public by identifying the location of uses activities or tenants. Such directory signs may be ground -mounted or wall - mounted signs. 2. Number All atta,,hod Enult.tenant ^f,.e „ nd-ust6al Multi -tenant buildings shall be permitted one wall Fneunted directory sign not te e*eeed ' feet in are for- the purpese of identifying the names and leeatiens of uses within the buildin 3. Area A wall -mounted directory sign shall not exceed four square feet in area. Direct@ Ground -mounted directory signs shall not exceed a total of 20 square feet in area for- the purpose ef identifying the names and leeations Of Uses eF astivities within the buildin • 4. Height Directory signs shall not exceed six feet in height. 4-5. Location All attaehed multi tefiant effiee er- industrial buildings shall be peFmitted ente, wall dir-eoef-y sign net to erweed feur- square feet i--;;- area. Located on the subiect land, building or premises at least 10 feet from all property lines, or on a fence or wall. 21 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;_. If anchored to the side of a building, the pole anehering devises shall not project more than five feet from the surface of the wall and shall provide a vertical clearance over a sidewalk of at least seven feet six inches. (b) Each flag and pole shall conform to the required yard (setback) restrictions of the district in which they are located. 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 from the public right-of-way, and about which 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 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. 22 4. Height No portion of a hardship sign may extend above the roof line of the building containing the pr-ineipal We. 5. Location (a) Hardship signs may be attached to an 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 wall that extends no more than five feet above the lowest eave of the roof. Sueh sips or- mar-kefs sha-1 1 be m-ade ef cast metal, eut inasanFy, painted MAW 14 G. Marquee suns 1. Description Gn An on -premises signs or message areas on a permanent roof -like structure (marquee) over an entrance of a theater (Fnar-quee) or vertically -oriented and projecting from the wall of a theater. 2. Area Marquee 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 Marquee signs may have changeable copy on each face. b. Illumination If such signs are illuminated, the illumination shall be by internal lighting only. Exposed light sources shall not be used. I H. Window signs 1. Description Any on -premises sign, picture, symbol, or combination thereof, designed to Pa i fi f .-... atjAn ..w,,,# „ r fivity, business, e &y.ef servir. placed 23 inside a window or upon the windowpanes or glass and }s intended to be visible from the exterior of the window. Window shades, provided no words or graphics are on the shade, are not considered to be signs. 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 fagade of a building. For purposes of this provision, each building fagade shall be considered separately. 4. Location Window signs shall be located on ground floor windows only. I. Sandwich board signs 1. Description On An on -premises fnevable portable 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 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 entrances or exits, iffipaiF the ability of pedestrians te use impede pedestrian flow on sidewalks, or be located within landscape areas or parking areas. 5. Duration Must be removed when the ster business or use is closed. §4.6.12. TemOther signs $ n n o nt „ promotional signs } .men ineleding butnet limited te, semething 24 , -3-2 s e feet in Fleafesidenti-Al di, lea -3 e� 6-. DUF*iGH 25 ten On premises signs displayed in r-enjuneties AROW; a seasonal st_;4Ad_ t9r. A'p—m;d—of leeation f 1 sales, 4 ,.duce firewerks Christmas trees and siRW ,r pr-eduets. 6 A. 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, or other entities allowed to conduct events under §3.5.6.J, including banners. 2. Area Not to exceed 32 square feet. 3. Location Such signs shall be lerated where peFmaneat building fneunted 9 secured or attached to a building or architectural feature thereof, below the roof line; located where window signs may be located., or located on the subject land at least 10 feet from all property lines where no building exists. 4. Duration Permitted for a maximum of 30 days per event, and up to 90 days per year. B. Message signs in residential districts 1. Description On -premises signs expressing any message, in quantity beyond that allowed in §4.6.3.K.1_. 2. Area Any detached, attached, duplex or townhouse unit is allowed no more than 12 square feet of such without a permit (see §4.6.3.K.1). Signage beyond that amount, 26 but not in excess of 36 square feet is permitted on the lot of any such dwelling unit by this section. 3. Height Not to exceed five feet in height. 4. Location Located upon the exterior of the unit inside a window, or on the lot on which the dwelling unit is located. 5. Duration Placed for a maximum of 30 consecutive days, and no more than 90 days ver calendar year. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 4, §4.7.7, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §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. In making a decision to modify maximum height provisions, the board shall consider the following: -17 A. Unusual site topography, and the relation of the proposed fence or wall to that topography; 2. B. Unusual lot configuration (e.g., placement of the house on the lot, heavy traffic volume, existence of a vacant lot); 3- C. The presence of neighboring properties that contain uses other than single-family residences; and 4. D. Fence or wall design (e.g., opacity, materials), and variations of fence or wall materials. B. Limitati 4.7.8. Limitations 4- A. 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. B. 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. X. C. The requirements of §4.7 shall not be deemed to prohibit any fence or wall as otherwise required fence or wall. 4. D. 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. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 4, §§4.8.4 and 4.8.5, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §4.8.4. Design requirements 27 F. Illumination 1. Outdoor lightingfixtures must be located aimed or shielded to minimize glare and stray light trespassing across lot lines and into the Rublic right-of-way. 2 Maximum luminance levels shall not exceed 0.5 foot-candles at tree boun4afy any side (interior) or rear lot line except as may be required herein or as determined by the zoning administrator. §4.8.5. Specific lighting standards BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 4, §4.10.2, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §4.10.2. Outdoor Display C. Seasonal displays and decoration , displayed for a period not exceeding 45 consecutive days shall be exempt from the provisions of §4.10.2. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 6, §6.5.2, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §6.5. Certificates of Appropriateness §6.5.2. Exemptions H. Modification to the text only of a h d changeable copy sign, where the sign otherwise conforms with all requirements of §4.6. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 6, §6.9.1, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §6.9. Sign Permits §6.9.1. Applicability A. Sign permits shall be reviewed in accordance with the provisions of §6.9. B. No monument, building -mounted, special or temporary (as applicable) sign shall be erected or replaced, or changed or altered, including replacing any part of the support structure of a sign and changer alteration to the background of a sign or sign box, until the zoning administrator has approved a permit, eenjunetien with §3.6.64 shall be allowed without a pei4nit. 28 C. This shall not be interpreted as to require a new sign permit for changes to the text only of a fmitted changeable cony_ sign where the sign otherwise conforms with the requirements of §4.6. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 9, §9.3, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §9.3.1. General terms COVERED ENTRYWAY: 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 railings and the sides of the building to which the entrywU is attached). A covered entryway shall not have area in excess of what is needed to facilitate ingress and egress. DECK: A raised, outdoor platform, accessory to a structure, that is completely unenclosed _(other than railings and any sides of the building to which the deck may be attached) provided, however, that a deck may have an open -style artition or screen of lattice or similar pattern. DWELLING UNIT OR 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 or unit includes the following. Accessory dwelling units Single-family attached Single-family detached Duplex Multifamily Townhouse Upper story residential/mixed use building GARAGE SALE OR YARD SALE: The sale of personal property which is conducted on the same lot as a residential dwelling within a residential district. PATIO OR TERRACE: A surfaced outdoor area, accessory to a structure, with no side walls more than two feet in height (other than any sides of the building to which the patio may be attached) The floor of a patio may not be more than 18 inches above the underlying ound at anY ROint. POINT -OF -PURCHASE DISPLAY: Information or instructions displayed where products are sold directly to customers located where products are intended for self-service or where customers make purchasing decisions. Point -of -purchase displays may be located on vending machines automated teller machines fuel station pumps, menu boards for drive -through facilities outdoor dining tabletop displays, and similar arrangements. On product dispensers, point -of -purchase refers to information displayed on the dispenser itself, located on an integral Rart of the dispenser, or otherwise oriented to the customer purchasing the product. 29 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 railings and the sides of the building to which the porch is attached). TERRACE: See "Patio". SIGN, ELECTRONIC: Any sign displaying self -illuminating text, numerals, graphics, animations or video that is able to be changed, manipulated or varied remotely or by -an automated or progEammed operating system. UNIT: See "Dwelling Unit." YARD SALE: See "Garage Sale." This ordinance shall become effective September 1, 2021. PLANNING COMMISSION PUBLIC HEARING: July 12, 2021 CITY COUNCIL PUBLIC HEARING: July 27, 2021 ENACTED: July 27, 2021 ATTEST - City Clerk VOTE: Mayor Meyer Aye Councilmember Harmon Aye Councilmember Lim Aye Councilmember Miller Aye Councilmember Ross Aye Councilmember Stehle Aye Councilmember Yi Naye Mayor 7 d zoz Date 30