2022-12ORDINANCE NO.2022-12
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, §1.5.7, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§ 1.5. Measurements and Exceptions
§ 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, ground -mounted solar energy systems
when mounted on a pervious surface. or roof overhangs of less than three feet.
BE IT FURTHER 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. Measurements and Exceptions
§ 1.5.12. Required yards (setbacks)
E. Permitted encroachments
PERMITTED REQUIRED •D ENCROACHMENTS
SIDE
FRONTSIDE
•
OBSTRUCTION/PROJECTION
Yard Items
Fences and walls in accordance with §4.7
a
Landscaping in accordance with §4.5
a
=
0
z
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
M
IF
Ground -mounted solar energy systems up to 12 feet in
height, provided that such systems remain at least 5 feet
from the lot line
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
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. Use Regulations
§3.4.1. Use Interpretation
F. Commercial use groups
- -
-'
P.
MALUMMA
G. Industrial use groups
5. 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 activily to customers. Warehouse and freight movement shall include the
following: bulk storage, including nonflammable liquids, feed and gain storage;
2
cold storage plants, including frozen food lockers. household moving and general
freight storage, separate warehouse used by retail store such as furniture or
aL)pliance store, bus barn; parcel services, mail order facility; stockpiling of sand,
avel 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.
5 6. 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.
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. Specific Use Standards
§3.5.2. Public, civic and institutional use standards
C. Group homes/statutory
Occupancy shall be limited to no more than eight persons who are 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 persons who are aged, infirm, or disabled persons shall be
licensed by the Virginia Department of Social Services.
3. Such facilities housing menWly ill or developmentally disab persons with
mental illness, intellectual disability, or development disability shall be licensed by
the Virginia Department of Behavioral Health and Developmental Services.
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:
§3.5. Specific Use Standards
3
§3.5.5. Accessory use standards
D. Accessory use standards
1. Accessory dwelling units
(f) Any accessory dwelling unit established for occupancy by a disabled person
with physical disabilities shall provide for reasonable access and mobility as
required for the disabled person with disabilities. The gpplicant shall specify
the measures for reasonable access and mobility shall be speeified i the
(L„rheatio f ;.,' r- a speeUse „emit. Generally, reasonable access and mobility
for physieall-y handicapped persons with physical disabilities shall include:
(1) Uninterrupted access to one entrance; and
(2) Accessibility and usability of one bathroom.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 3, §3.6, of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
§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
A. General provisions
DENSITY (UNITS/ACRE), MINIMUM
SITE AREA (ACRES), MINIMUM
LOT AREA/ UNIT, MINIMUM (SQ. FT.)
REQUIRED YARDS, MINIMUM (FT.)
Ill
Front
Side (street)
Side (interior)
Rear
LOT WIDTH, MINIMUM (FT.)
Interior lots
Corner lots
—n a
—n a
—n a
6
12
20
—n a
—n a
—n a
3
0.4
0.5
20,000
7,500
6,000
1,600 [3]
1,500
1,800
40
25
20
10
10
25
30
20
15
20
20
25
15
12-10[2]
12-10[2]
0
0
25
25
25
25
20
20
35
100 75 60 18 18 — n a
125 95 80 18 18 — n a
4
HEIGHT, MAXIMUM
(STORIES/FEET) [2]
Adjacent to RL, RM or RH district 3/35 3/15-35[2] 3/15-
35[2]
Not adjacent to RL, RM or RH 3/35 3/35 3/35
district
BUILDING COVERAGE, MAXIMUM n a 25 35
(%)
LOT COVERAGE, MAXIMUM (%) n a 40 50
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 §1.5.11A.2(a).
[3] Or, an average of 1,800 square feet.
B. Affordable dwelling unit development regulations
3/35 3/35 3/35
3/35 4/45 4/45
60 60 60
80 80 80
DENSITY (UNITS/ACRE), MINIMUM
— n a
— n a
— n a
7.2
14.4
24
SITE AREA (ACRES), MINIMUM
— n a
— n a
— n a
3
0.4
0.5
LOT AREA/ UNIT, MINIMUM (SQ. FT.)
16,000
6,000
4,800
1,280 [3]
1,200
1,440
REQUIRED YARDS, MINIMUM (FT.)
[1]
Front
32
20
20
8
8
25
Side (street)
24
18
12
16
16
25
Side (interior)
12
10-8[2]
10-8[2]
0
0
25
Rear
20
20
20
15
15
35
LOT WIDTH, MINIMUM (FT.)
Interior lots
80
60
48
16
16
— n a
Corner lots
100
76
64
16
16
— n a
HEIGHT, MAXIMUM
(STORIES/FEET) [2]
Adjacent to RL, RM or RH district
3/35
3/15-35[2]
3/15-
3/35
3/35
4/48
35[2]
Not adjacent to RL, RM or RH
3/35
3/35
3/35
3/35
4/45
5/60
district
BUILDING COVERAGE, MAXIMUM
n a
30
42
70
70
70
( %)
LOT COVERAGE, MAXIMUM (%)
n a
48
60
90
90
90
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.
5
§3.6.2. Nonresidential districts
DENSITY (UNITS/ACRE), MINIMUM
20 (General) / 24 (Affordable Dwelling Unit)
— n a
— n a
LOT AREA, MIN. (SQ. FT.)
— n a
20,000
20,000
30,000
22,000
— n a
— n a
REQUIRED YARDS (FT.)
Front and side (street)
Maximum
— n a
— n a
93[1]
15
— n a
— n a
— n a
Minimum
20[1]
20[1]
20[1]
0
20
20
25
Side (inteiorjmin. adjacent toaresidential
25
25
25
25
25
50
50
district
Side (ntedor),min. not adjacent toamsidenU
12
0/10[2]
0/10[2]
0/10[2]
25
0
0
district
Rear, min. adjacent to a residential district
25
25
25
25
25
50
50
Rear, min. not adjacent to a residential
0
0
0
0
25
0
0
district
BUILD -TO LINE, MANDATORY
— n a
— n a
— n a
50
— n a
— n a
— n a
(PERCENT)
LOT WIDTH, MINIMUM (FT.)
— n a
— n a
— n a
— n a
150
— n a
— n a
BULK PLANE REQUIREMENTS
(DEGREES)
Front
—n a
—n a
—n a
—n a
—n a
—n a
—n a
Side (interior), adjacent to a residential
— n a
45
45
45
45
45
45
district
Side (interior), not adjacent to a residential
— n a
— n a
— n a
— n a
— n a
30
30
district
Rear, adjacent to a residential district
— n a
45
45
45
45
45
45
Rear, not adjacent to a residential district
— n a
— n a
— n a
— n a
— n a
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
— n a
50
50
( %)
LOT COVERAGE, MAXIMUM
50
85
85
100
90
90
90
FLOOR AREA, MAXIMUM (SQ. FT.)
17,500
— n a
— n a
— n a
— n a
— n a
— n a
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.
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. Overlay Districts
§3.7.3. Old Town Fairfax Transition Overlay District
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, CR1 of CG or CU district, uses
permitted include upper story residential/mixed use:.
(b) 2. Prohibited uses
(a) Vehicle sales and leasing
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 4, §4.2.6, of the Code of the City of Fairfax, Virginia,
is hereby amended as follows:
§4.2. Off-street Parking and Loading
§4.2.6. Parking lot design
F. Accessible spaces (for *"� persons with disabilities)
Accessible spaces shall be provided in accordance with the Americans with
Disabilities Act Accessibility Guidelines.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 4, §4.5.8, of the Code of the City of Fairfax, Virginia,
is hereby amended as follows:
§4.5. Landscaping
7
§4.5.8. Screening
F. 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- pane4s
solar energy systems, 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.
G. Trash receptacles and service areas
1. Trash receptacles and service areas (e.g., dumpsters, 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.
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
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;
93
F. Addition or deletion of television or radio antennas, skylights, or s, laf ^^"e^*^rs in
locations not visible from public places (rights -of -way, plazas, squares, parks,
government sites, and similar);
G. Solar energy systems in the Old Town Fairfax Transition Overlay District 3.7.3 or
in the Architectural Control Overlay District (y 3.7.4), excgpt that solar energy systems
mounted on a building face are not exempt from the requirements of 6.5,
6 H. Any changes to a structure or site that is not visible from a public placeand
;
I I. Modification to the text only of a changeable copy sign, where the sign otherwise
conforms with all requirements of §4.6. ; and
J. Furnishings such as tables, chairs, and similar items) and related accessories such as
barriers used by a lawfully established restaurant as part of an outdoor dining rogram
as authorized by the Cily Manager.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 6, §6.5.3, of the Code of the City of Fairfax, Virginia,
is hereby amended as follows:
§6.5. Certificates of Appropriateness
§6.5.3. Certificate of appropriateness types
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 se firm
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 in the Old Town Fairfax Historic Overlay and the Old Town Fairfax
Transition Overlay Districts as specified in §3.7.2.B.8 and §3.7.3.G,
respectively;
(f) Antennas, satellite dishes or other communications devices, skylights or
similar appurtenances; and
(g) Features and changes similar to those listed above.
0
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 6, §6.8.11, of the Code of the City of Fairfax,
Virginia, is hereby amended as follows:
§6.8. Site Plan Reviews
§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. After com letion of all improvements and dischar 7e of the performance bond the ci
shall require a warr2aty bond guaranteeing all required improvements for a two-year
period. This bond shall be ggual to ten percent of the on final co letion bond and
shall be in cash, certified check. or be made by a bonding/insurance company
authorized to do business in Virginia.
D E. 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.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 9, §9.3.1, of the Code of the City of Fairfax, Virginia,
is hereby amended as follows:
§9.3. Defined Terms
§9.3.1. General terms
FOOD TRUCK: Any readily movable, mobile food service establishment, +^ tnel &—,�
or trwile+s that are ,,elfpr—o ?led, pushed ,nod to specifielocation engaged in the
.��w� � ����eu or-
preparation and/or retail sale of food and/or bevera es from a vehicle or trailer specifically
designed and equipped for such pumose that is driven or towed to a sl2ecific location.
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 persons
with mental illness. intellectual disability, or developmental disability me�� *fir
mentally retarded, or- de-velopmen4ally disabled , with one or more resident
10
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
Developmental sen4ees Services.
RESEARCH AND DEVELOPMENT: " business that engages " o c " " fe- �ra
de-velopment, of innevative ideas in teehnology intensive fields. Examples ifielud
systems, ...a. vNvi tu.tavu, svvgi uruiv uinfoFmation systems, multi
See §3.4.1.G.4.
SOLAR ENERGY SYSTEM: An ener system consisting of one or more solar collection
devices, such as solar panels, and other associated infrastructure with the primary
intention of generating electricity, storing electricity. or otherwise converting solar ener
to a different form of energy.
WAREHOUSE AND FREIGHT MOVEMENT: See s3.4.'�3 43.4.1.G.5.
WASTE SERVICE: See § 3§ 4.1.G.6.
This Ordinance shall become effective as provided by law.
PUBLIC HEARING: July 26, 2022
ENACTED: July 26, 2022
ATTEST:
City Clerk
VOTE:
Mayor Meyer
Aye
Councilmember Harmon
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye
11
Mayor
it z�
Date