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2024-01ORDINANCE NO.2024-01 AN ORDINANCE AMENDING CHAPTER 110 (ZONING) TO AMEND PORTIONS OF ARTICLES AND SECTIONS CONTAINED THEREIN, INCLUDING 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 3, §3.3.1, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §3.3. Allowed Uses §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. URRHO Ruffinnnnn PUBLIC, CIVIC AND INSTITUTIONAL USES Social service-deliverv._.- P. P P ' P ._..P_ P P , 3.5.2.N.._,- Social.service delivery.. _ S_ S P P P. 6.3.5.2.H 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 E. Public, civic and institutional use groups 5. Social service delivery, major Establishments that provide social service delivery through services such as free or reduced -cost food distribution, free or reduced -cost meal service, free or reduced - cost clothing distribution, personal care facilities such as showering or laundry, and related services or any similar use. Such establishments may additionally include services as described in §3.4.1.E.6 (Social service delivery, minor). 6. Social service delivery, minor Establishments that provide social service delive through services to clients such as recovery and support services, life skills training, day programs for substance abuse services, treatment services and other related services or my similar use. 1 5 7. 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. g 8. 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 9. Services, general A facility involved in providing general or repair services. General services shall include the following: animal grooming; photocopy; sign -making; security service; taxidermy; or any similar use. General services shall also include the following repair services: bicycles; canvas products; clocks; computers; musical instruments; office equipment; radios; televisions; furniture or any similar use. General services shall also include an upholsterer or locksmith, as well as medical or dental laboratories engaged in the custom fitting or repair of medical or dental appliances. General services does not include any adult 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 H. 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. (..) F.-vilifies Niv viuiub uiv o speeified areas for- eonsuming sueh meals within buildings. (c) Prior to the issuance of a zoning permit- any social service delivery use must provide written notification as identified in § 6.21_ - - ... 4 2. 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. 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. Specific Use Standards §3.5.3. Commercial use standards J. Vehicle service and vehicle repair Vehicle service and vehicle repair uses and shall comply with the following requirements: 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; 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; 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; 8. The storage of impounded vehicles shall not be permitted:; and 9. Stacking, spaces shall be designed to facilitate safe and efficient on -site circulation and to minimize conflicts with other vehicular and pedestrian traffic. 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. Overlay Districts §3.7.2. Historic overlay district B. Old Town Fairfax Historic Overlay District 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 � 3.4.1.F.8) BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 4, §4.2.3, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §4.2. Off-street Parking and Loading §4.2.3. Parking requirements E. Parking ratio requirements. Off-street parking spaces shall be provided for all uses listed below in at least the minimum amounts specified. 4 PUBLIC, CIVIC AND INSTITUTIONAL USES (SEE §3.4.1.E) ! Detention facilities Determined by zoning administratorper §4.2.10 f1 Parks and open areas* Determined by zoning administrator peF §4.2.10 f11 Social service delivery, minor* Determined by zoning administrator j11 Social service deliverym, ajor* Determined by zoning administrator per §48 jU Telecommunications towers/facilities COMMERCIAL USES (SEE §3.4.1.F) Cemeteries ManufaGturing limitor!* Parking, commercial or municipal Recreation, outdoor* Schools, technical, trade, business Determined by zoning administrator per §4.2,10 M Determined by zoning administrator per §4.2.10 f 11 Determined by zoning administrator peF§4-2.0 L1j Determined by zoning administrator per r� L11 floor area Determined by zoninc administrator 111 5 INDUSTRIAL USES (SEE §3.4.1.G) Crematorium Petroleum storage and distribution NOTE: Determined by zoning administrator per R� Ll Determined by zoning administrator per §4.2.10 M j11 The zoning administrator determines parkin:; requirement based on a parking demand analysis submitted bV the applicant, that must include at a minimum the size and type_of the proposed development, the mix of uses, the anticipated rate of parking turnover, the anticipated peak parking and traffic loads of all uses, or other materials as requested. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 4, §4.2.7, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §4.2. Off-street Parking and Loading §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: FACILITY OR USE MINIMUM MEASURED FROM SPACES 11 —Drive -through windows/facilities Gaselone Fuel station pump island Fuel station or convenience store automated car wash as a Retail, convenience use. Parking lot, key box controlled entrance Parking lot, key fob controlled entrance 4 n.-deF bee to Serv.re .g.AdAw Service window, or from order box to service window, if applicable 2 Pump OSIand 3 Entrance to bav 4 Key code box Entrance to parking lot -- J --- Valet parking 3 Valet stand r Vehicle service and vehicle repair, 10 Entrance to bay automated car wash 1 Vehicle service and vehicle repair, ji 3 Entrance to bav excluding automated car wash School drop-off (public and I Determined by zoning administrator per §nTciV [11 private) Other Determined by zoning administrator peFp�0 j11 NOTE: f 1]The zoning administrator determines parking requirement based on a parking demand analysis submitted by the applicant, that must include at a minimum the size and type of the proposed development, the mix of uses the anticipated rate of parking turnover, the anticipated peak parking and traffic loads of all uses, or other materials as requested. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 4, §4.5.1, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §4.5. Landscaping §4.5.1. Purpose The purposes of §4.5 are to encourage the preservation, 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. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 4, §4.5.4, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §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. Tree conservation plan required A tree conservation plan shall be submitted in conjunction with required site plans (see §6.8) in accordance with all requirements of §4.5. Plans shall be prepared and s' ied by an International Society of Arboriculture Certified Arborist or other qualified professional as approved by the zoning administrator. B C. 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. 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 conservation during land development A. Tree eaxepy 10-year tree canopy requirements The f llow ng 10 year minimum tree , ents All land development for which site plan approval is required (see §6.8) shall provide for the conservation of trees on site such that, after ten (10) years. minimum cano rpy is projected and shall apply in the respective districts: The following requirements shall provide for the conservation of trees for site development that exceeds 2.500 square feet of land disturbance such that, after 10 years, minimum canopy is projected and shall apply in the respective districts as follows: RESIDENTIAL DISTRICTS RL Residential Low 25 RM Residential Medium 20 RH Residential High 20 RT-6 Residential Townhouse 15 RT Residential Townhouse 15 RMF Residential Multifamily 10 NONRESIDENTIAL DISTRICTS 93 CL Commercial Limited 10 CO Commercial Office 10 CR Commercial Retail 10 CU Commercial Urban 10 CG Commercial General 10 IL Industrial Light 10 IH Heavy Industrial 10 PLANNED DEVELOPMENT DISTRICTS PD-R Planned Development 20 Residential PD- Planned Development Mixed 10 M Use PD-C Planned Development 10 Commercial PD-1 Planned Development 10 Industrial 1. 10-year tree canopy credit (a) Tree canopy credit shall be given to existing trees, forested areas, and through tree planting provided that the trees and forested areas meet regulations of §4.5.9. b� When existing trees meet standards of health. condition, and suitability, and when it is feasible to preserve those trees within the framework of permissible uses, densities, design standards, and construction practices. all efforts shall first be made to meet tree canopy rgguirements through tree preservation before tree planting- is allowed to meet anv portion of the tree canon requirement. B. Street trees In all general districts except the RL, RM, RH and CU districts, 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. 3. Understo trees may be approved by the zoning administrator when all above regulations of this section are met and power lines are within 20 feet on center of the street tree. 0 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. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 4, §4.5.9, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §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 (a) Large deciduous shade trees wiffi ., ,,.,,,tufe height f 30 rootor- gr-eatef an , mature spread of 30 feet ^r greater trees with a minimum mature height of 30 feet. Such trees shall be a minimum of two-inch caliper and 10 feet in height at time of planting. Large evergreen trees with a minimum mature height of 30 feet and spread of 15 feet. Such trees shall be a minimum height of eight feet at time ofplanting_. 2. Understory trees (a) Small deciduous trees or- large deei , ous s,.., abs with a matufe hei& of 10 to 30 feet, exeept tmder- ever -head ufilities, whe-fe lower heights at matufity may be ,.o,,uire,a; with a mature height of 10 to 30 feet. Such trees shall be a minimum of one and one-half inch caliper and eight feet in height at time of planting. (b) Trees large st,,ubs t least i 0 feet tallat +,,6ty that , ly have gr-e Trees Vl 1..•E,V Jlll LLVJ CLL 1VLLJL 1V LVVL foliage +ire„ oieuA a4 seasons f the yean Small evergreen trees with a mature height 10 to 30 feet and maximum s read of 15 feet. Such trees shall be a minimum of six feet at plantin. 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 maybe provided for pedestrian connections to adjacent properties; and 10 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 eompl ' with thee „la„thei& andr-equir-ements of §4.5.9 plant material exceeds five feet in height at time of plan submission, and if vegetation meets standards for health, condition, and suitability and standards established to manage levels of biodiversity and the spread of invasive plants, pests, and diseases of §4.5.9.E. 1. Tree conservation plan A tree conservation plan shall be required prior to the removal or destruction of existing trees that are at least five inches in diameter measured at breast standard height (DBI4 DSH), including the following information, except as deemed necessary by the zoning administrator: (a) The location, size, condition and species of all trees which are at least five inches in diameter to be preserved or removed; (b) The location, size and species of all trees to be preserved or 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 pr-otee4ien preservation during construction (a) Existing trees specified on the 4pproved tree conservation plan and landscape plan to remain o th be preserved shall be protected from veMeW iiiV v V111V114 LL11d 111LLLVl 1L.1.1 storage ever- o tree, o the d-i" line specified b ,,,•, ar-b * ' a e hit * destruction ��� ..��....,11N 111aV vl LL., ."ipevl Vu by LLLl ulvviliL or luuu�`� and manned during all phases of construction. (b) ^ to 1 tr t l b t» t ,a l� Off -site . � .. llt,.. LLly .... �11VLVVL1V11 lvzic�ran-v�rizscccrrezrumir�cne—crap-nixes or jointly -owned trees with critical root zones that extend into the site shall be protected from destruction. (cc Tree protection measures shall be installed and maintained at all phases of construction as shown on the a roved site development plan. 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: 11 (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; (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 ^r large shmbs on the same property and in the same general location. E. Nursery stock and planting standards 1. All plant materials must be living species. non-invasive, and tyrically representative of species and/or variety stated. 2. All plant materials shall meet AmericanHort's American Standards for Nursgri Stock and planted in accordance with American National Standards Institute (ANSI) A300 or equivalent standard. 3. Plant variety shall be provided for higher levels of biodiversitv and to minimize the s read of 12ests and diseases or to limit the use of species that cause negative impacts to native plant communities cause damage to nearby structures or possess inherent physiological traits prone to structural failure. The zoning administrator may designate trees ineligible for credit or onlv partial credit towards the tree canopy requirement. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 4, §4.18.8, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §4.18. Chesapeake Bay Preservation §4.18.8 Water quality impact assessment D. Major water quality impact assessment 12 3. The following elements shall be included in the preparation and submission of a major water quality impact assessment: (c) A landscape element that fully describes existing trees required to be identified as part of a tree conservation plan in accordance with §4.5.9.D.1; limits of clearing 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 BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 6, §6.2.5, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §6.2. Common Review Procedures §6.2.5. Notice and public hearings 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 advei4ised hearing sha4l be hold not less than five or- more than 21 days, after- the seeend ,,,yeft; seme t ha4 sueh „ewsp ,,,o, The first notice shall a ear no more than 14 days before the intended adoption. 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, wfit4e then, in addition to the advertising as above required. the advertisement shall include the street address or tax map parcel number of the parcels subject to the action. 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 13 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, wfittn the advertisement shall include the street address or tax ma parcel number of the parcels as well as the approximate acreage subject to the action. For more than 100 parcels of land. the advertisement may instead include a description of the boundaries of the area subject to the changes and a link to a mgp of the subject area. 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. (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. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 6, §6.10.1, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §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 breas standard height (DBU DSH) 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 to be obtained prior to removing a tree if the tree has been determined a public health and safety menace in accordance with the applicable provisions of City Code, Chapter 38, Article III. C. A site plan review application submitted in accordance with §6.8 may satisfy the application requirements of §6.10. 14 BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 6, §6.10.2, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §6.10. Tree Removal Permits §6.10.2. Application requirements Applications for a tree removal permit shall include a tree conservation plan (§4.5.9.D.1) and be submitted in accordance with §6.2.3. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 6, §6.13.2, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §6.13. Chesapeake Bay Reviews §6.13.2. Application requirements A. General 4. A tree conservation plan consistent with the provisions of §4.5.9.D.1; C. Tree conservation plan A tree conservation 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 managemeffi.t. conservation plan. In addition, the following supplemental information shall be provided for land disturbance, development, or redevelopment activity proposed within the resource protection area: 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 conservation 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 managemefl.t. conservation 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. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 6, §6.21, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §6.21. Zoning Permits 15 For a zoning permit for any social service delivM use the a licant shall provide written notification by first class mail to the owner of any property that is located within 1,000 feet of the propgrty containing the planned use. This notification shall be made no less than 60 days prior to the issuance of a zoning permit. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 9, §9.2, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §9.2. Abbreviations ANSI: American National Standards Institute DPI DSH: Diameter at b standard height (generally 4.5 feet above ground) 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. Defined Terms CAR WASH: A eompletel fully enclosed structure used, or designed to be used, for the washing, cleaning or waxing of vehicles, which may utilize manual or automated methods such as a chain or other conveyor and blower or steam -cleaning device. CRITICAL ROOT ZONE: The minimum circle whose radius starts at the center of the tree's trunk and extends out, which represents the minimum soil surface or below ground area surroundinm a tree where critical roots for health and stability are located. Critical root zone is calculated at one foot radius per inch of diameter measured at standard height 4.5 feet for any tree eater than five inches. Calculations ma vaixy dependent on tree age species. and site conditions. FUEL STATION: An establishment providing retail sales of vehicle fuels, which may also provide ��� and Y,,,,inte,.,,,nee vehicle service and/or vehicle repair. This use does not include paint spraying or body repair. SOCIAL SERVICE DELIVERY (MINOR/MAJOR): An establishment where the principal function of the establishme„* is providing on -site food d* b free or- r-edueed eest > job tfaining, or- oth r-e4ated sen4ees primarily to pefsens with limited ability for -self eare,-thes . . : need of employment, or- those per -sons with emetionA or- behm4er-al disabilities services to advance the welfare of persons in need. including but not limited to recovery services, life skills training, charitable or reduced -cost distribution of necessities, or similar functions as detailed in §3.4.1.E.5 and §3.4.1.E.6. This term shall not include uses operated by governmental agencies or weilities primarily f the e ,- *oatment of pe who v.� euffet#ly illegally using or- are addic4ed to a eentr-elled s4stanee as defined in Code of 16 or organizations with a principal function of providing services to individuals with intellectual or physical impairments. 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. TREE: Any living, self-supporting woody plant that lev€l visually produces a trunk or a more -or -less distinct and elevated head with man branches and typically reaching at least 10 feet in height at maturily. An reference to tree includes the essential above or below ground tree parts. TREE CANOPY: The above -ground horizontal spread of a tree's leaves, branches, and stems. TREE CONSERVATION: The practice of protecting and maintaining a tree or population of trees and its growth environment for defined pgoose and benefit. The practice ma include tree preservation, management, and/or planting_ TREE, DAMAGE OR DESTRUCTION: To cut down a tree or tree part or perpetrate any intentional or negligent act which will cause a tree to decline substantiallv or die within a period of two years. This shall include but not limited to damage to the roots stem of a tree by application of toxic substances. operation or stora eg of equipment and vehicles, or change in natural grade by unapproved excavation or filling within the critical root zone of a tree, or damage caused by unapproved alterations of natural physical conditions or an other practice deemed destructive to a tree by ANSI A300 standards. UTILITIES, MAJOR: See §3.4.1.E.5 3.4.1.E.7. UTILITIES, MINOR: See §2�-^� 3.4.1.E.8. PUBLIC HEARING: October 10, 2023 ENACTED: January 23, 2024 ATTEST: W& 1 V'e City Clerk VOTE: Mayor Read Aye Councilmember Bates Aye Councilmember Doyle Feingold Naye Councilmember Greenfield Naye Councilmember Lim Naye Councilmember Ross Aye Councilmember Stehle Aye Mayor Z Date 17