2025-06ORDINANCE NO.2025-06
AN ORDINANCE AMENDING CHAPTER 110 (ZONING) TO AMEND PORTIONS
OF ARTICLES AND SECTIONS CONTAINED THEREIN, INCLUDING ZONING
DISTRICTS AND REGULATIONS, SITE DEVELOPMENT STANDARDS, AND
DEFINITIONS.
BE IT 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. Districts Established/Purpose Statements
§3.2.1 General districts
B. Nonresidential districts
1. Commercial districts
(d) CU, Commercial Urban
The CU, Commercial Urban District is established to provide an urban, mixed
use development option for appropriate parts of the downtown area and sites in
the general vicinity of the three key Fairfax Boulevard intersections: Main
Street, Chain Bridge Road, and Old Too 14igl +w ,•. Blenheim Boulevard, or as
may be more precisely specified by a current or future adopted plan.
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. Allowed Uses
§3.3.1 Principal use table
B. Principal uses
R I R
M H
C C
R U
PUBLIC, CIVIC AND INSTmfnmAL USES
....
——
S
S
S
S
S
S
S
S
S
S S
Telecommunications antenna and
small cell facilities on existing
structures and towers and
P
P
P P
P
P
P
P
P
P
P
P P
administrative review -eligible projects
1 Telecommunications facilities
S
S
S S
S
S
S
S
S
S
S
S S
COMMERCIAL USES
..
I
S
S
R
R R
Auction houses
S
Bed and breakfasts
S
S
S
S
S
S
S
Hotels, extended -stay
S
P
S
Kennels
S
S
S
P
P P
Veterinary clinics
P
P
P
P
P P
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§3.5.2.1
§3.5.2.1
B
§3.5.3.5 B
§3.5.3.9 C
§3.5.3.€ D
3§ 5.3. E
3.5.3. E
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
2. Medical care facilities
Facilities pr-oviding exceeding 10,000 square feet of floor area that provide
medical care or surgery to patients, which may or may not offer overnight care,
such as urgent care facilities, or surgical centers. Surgical centers are outpatient
facilities that offer surgery using general anesthesia or deep sedation. Medical care
facilities does not include hospitals or medical offices, except accessory to other
permitted uses. Medical care uses that do not exceed 10,000 s uare feet of floor
area shall be considered medical offices.
F. Commercial use groups
following- keme4,-yeterinaryclini^vim anima4 hospital or any similar- use
1. Kennels
An establishment for the keeping or boarding of dogs more than four months of
age for care or day care, or for the keeping or boarding of dogs or other common
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household pets more than four months of age for the purpose of breeding, training.
sale or adoption.
4. Recreation, indoor
Amusement ^r A facility exceeding 30,000 square feet of floor area where
recreational or leisure activities are carried on wholly within a building, including
bowling alleys, day spas, gymnastic centers, ice or roller skating, health clubs,
laser tag, tennis, and indoor activities of a similar nature. Indoor recreation does
not include adult uses or amusement centers.
7. Restaurants or food services
An establishment engaged i where the principal business is the preparation and
retail sale of food and/or beverages for on or off -premise consumption to persons
not residing on the premise. and where the design ^r- pfincipal method of ^per -at ^H
effiSiStS Of ^„e Of e of the f llov4 . Restaurant or food service establishments
include, but are not limited to full -service, fast casual and fast food restaurants;
coffee shops, cafes, bakeries, delicatessens, ice cream shops, and similar
establishments where food or drink may be consumed on -site.
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9. Services, general
A facility involved in providing general or repair services. General services shall
include the following: animal grooming; boarding of common household pets
other than do-gs: 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.
14. Veterinary clinics
An establishment where animals are provided with medical or surgical care.
Veterinary clinics that include facilities for the temporary indoor housing of
animals receiving medical or surgical care shall not constitute a kennel.
H. Accessory use groups
2. Services, convenience
Accessory uses (accessory to otherwise allowed) office buildings and uses
involved in providing limited retail and personal services to office workers and
businesses and residents from within the same nonresidential or upper story
residential/mixed use building and not visible outside such use or building.
Convenience service shall include personal services such as barbershops; beauty
shops; tanning salons; massage therapy; ,ao';eatesse ; dry cleaning and laundry
pickup and drop-off, pack and ship facility; florists; gift shops; display and sales of
scientific, electronic or medical equipment of a type not customarily retailed to the
general public; pharmacies or medical supply services; optical stores and services;
newsstands; photographic and photocopy services; restaurants or food service;
refreshment areas; health clubs and any similar use.
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
B-. Animal ear-e facilities
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E B. Auction houses
D C. Bed and breakfasts
B D. Hotels, extended -stay
E. Kennels and veterinary- clinics
Kennels and veterinary clinics shall col aplly with the following standards:
l . The site shall incorporate sound mitigating measures such as soundproofing,
fencing or berms to prevent noise levels if gLny, from creating an adverse im act
on adjacent commercial establishments or nearby residential units.
2. All animal waste related to the kennel or veterinary clinic or its visitors shall be
removed from the site promptly or stored in a manner so that no odor from the
animal waste is detectable to adjacent commercial establishments or nearby
residential units.
3. Waste handling and ventilation shall be designed to substantially control odors
discernable off -site.
4. Outdoor exercise areas shall be located at least 300 feet from the nearest
residential district and off -site residential use and they shall coLnply with the
transitional vard TY2 requirements of �4.5.5.
5. Outdoor exercise areas, runs, or yards, when provided for training, exercising, or
rehabilitation shall only be utilized between the hours of 8:00am and 8:00pm.
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
§3.5.5 Accessory Use Standards
D. Accessory use standards
1. Accessory dwelling units
Accessory dwelling units, as is defined in §9.3.1, shall comply with the following
standards:
(a) No more than one accessory dwelling unit shall be allowed per single-family
dwelling unit.
(b) Accessory dwelling units shall be located within the structure of a single-
family dwelling unit; and any added external entrances for the accessory
dwelling unit shall be located on the side or rear of the structure.
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(c) The gross floor area of an accessory dwelling unit shall not exceed 35 percent
of the total gross floor area of the principal dwelling.
(d) No accessory dwelling unit shall contain more than two bedrooms.
(e) Occupancy of an accessory dwelling unit and the principal dwelling shall be as
follows:
(1) One of the dwellings (principal or accessory dwelling unit) shall be owner -
occupied; and
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(iri) Q The combined occupancy of the single-family dwelling unit and the
accessory dwelling unit shall consist of one famil household only,
whieh ;s defined ., o per -son groupofper-sonsrelated by bloo
Ey_ ,plusr136t eizvccmixg mrcc- additional -i=riscrcccccrper-svirS aS
defined in § 9.3.1.
( inter ed aEcess to one-ei#r-anee; and
(g) (f No more than two vehicles utilized by residents of the accessory dwelling
unit shall be allowed.
(fir) W In no instance shall approval of an accessory dwelling unit be deemed a
subdivision of the principal unit.
(i) (h) Any accessory dwelling unit shall meet the applicable regulations for
zoning, building, safety, health, and sanitation.
() (i) The owner shall make provisions to allow inspections of the property by city
personnel during reasonable hours upon prior notice. An initial inspection of a
new accessory dwelling unit will be conducted by a zoning administrator, in
addition to any renewal of the accessory dwelling unit use or transfer of
ownership of the subject property.
(lam) W The zoning administrator may inspect the property if there is a complaint
registered with the city or if the official has other reason to believe that the
owner or occupants of the property are in violation of the accessory dwelling
unit approval.
(1) (k,) Upon transfer of ownership of the subject property, the new owner shall be
required to certify in writing to the zoning administrator that either:
(1) Continued use of the accessory dwelling unit will comply with the
conditions of the previous approval for the accessory dwelling unit use; or
(2) Use of the accessory dwelling unit will not be continued, and the use of the
space as a separate dwelling unit will cease in accordance with
§3.5.5.D.I(m 1), below.
(m) (D If there is a change in occupancy of the accessory dwelling unit that does
not comply with the conditions under which the accessory dwelling unit was
approved, use of the space as a separate dwelling unit shall cease, the physical
arrangement of the space that created an independent housekeeping unit shall
be integrated into the primary dwelling unit, and the space shall not be
independently leased as a separate dwelling unit.
12. Home occupations
(a) Prohibited home occupations
The following uses are not permitted as home occupations:
(9) Animal care f edit es Kennels or veterinary clinics.
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. Specific Use Standards
§3.5.6 Temporary Use Standards
B. Permitted temporary uses
Unless otherwise specified, no temporary use shall be established, except as provided
for in §3.5.6.C, unless a temporary use permit is approved pursuant to the provisions
of §6.15. In addition to complying with the approval criteria of §6.15.4, the following
uses shall comply with the applicable specific use requirements:
1. Pick up an Donation drop-off containers and f eili es, subject to §3.5.6.E;
E. pig Donation drop-off containers and f edit es-
1. Applicability
Temporary use permits for p;� donation drop-off containers and facilities
may be approved for up to three years, and the permit may be renewed, in the
following locations and circumstances:
(a) In CL, CO, CR, CU, and CG districts on lots containing not less than 40,000
square feet;
(b) In commercial areas of planned districts, when ancillary to the principal use,
and only when shown on an approved master development plan;
(c) In residential districts where the principal use of the development is not
residential, and only when such containers and are shown on an
approved site plan; and
(d) When such container and f oilit es- is specifically identified on approved
master development plans.
2. Maximum size and number
A maximum of two donation drop-off boxes containers shall be permitted on any
one lot and shall be located within a contiguous area of not more than 120 square
feet, with no individual drop-off box container exceeding the dimensions of seven
feet in height, six feet in width or six feet in length.
3. Location
(a) Pie4 up an Donation drop-off containers and faeil tie- shall be permitted in
any yard except the minimum required front or side (street) yard.
(b) Such containers and f4eil *ies- shall not be located in any required recreation
and open space, transitional yard, required landscaped area, on any private
street, sidewalk or trail, in any required parking space, or in any location that
blocks or interferes with vehicular and/or pedestrian circulation. Donation
drop-off boxes containers shall be located in accordance with all applicable
building and fire code regulations for the purpose of ensuring safe ingress and
egress, access to utility shut-off valves, and for fire protection. Such containers
shall also be subject to the visual clearance provisions of §4.3.4.
_(c) Donation drop-off containers may only be located on a lot or site containing a
principal building or use.
4. Design, management and maintenance
(a) Donation drop-off boxes containers shall be weather-proof, constructed of
painted metal, plastic, or other similarly noncombustible material, properly
maintained in good repair and in a manner that complies with all applicable
building code and fire code regulations, and secured from unauthorized access.
(b) All donated items shall be collected and stored in the donation drop-off box
container which shall be emptied as needed or within 48 hours of a request by
the property owner or authorized agent.
(c) Items and materials including trash shall not be located outside or in proximity
to a donation drop-off box container for more than 24 hours and shall be
removed by the property owner, operator of the donation drop-off box
container or their authorized agent.
5. Screening
Pick Donation drop-off containers and f eili e-s shall be screened in
accordance with the requirements of §4.5.8.E.
6. Required information
No advertising of any type may be placed on donation drop-off boxes containers,
however each be* container 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;
(c) Entity responsible for the maintenance of the container and the removal of
donated items, including any abandoned materials and trash located outside the
donation drop-off box container;
(d) Phone number where the owner, operator or agent of the owner or operator
may be reached at any time; and
(e) Notice stating that no items or materials shall be left outside of the donation
drop-off be* container and the statement, "Not for refuse disposal. Liquids are
prohibited."
A
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article 4, §4.2.1, of the Code of the City of Fairfax, Virginia,
is hereby amended as follows:
§4.2. Off-street Parking and Loading
§4.2.1 Purpose
The regulations of §4.2 are in rough proportion to the generalized parking and
transportation demands of different land uses. The provisions of §4.2 are also intended to
help protect the public health, safety, and general welfare by:
A. Ensure Ensuring provision of adequate parking;
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.
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PUBLIC, CIVIC AND INSTITUTIONAL USES (SEE §3.4.1.E)
Colleges and universities 10 spaces per classroom
Community services* 1 space per 300 sq. ft. of floor area
Congregate living facility 1.5 spaces per unit
Day care centers 5 spaces per 1,000 sq. ft. of floor area
Day care home, family (less than 5) No spaces in addition to spaces otherwise required
Day care home, family (5 to 12) In addition to spaces otherwise required, 1 space for such
home providing care for 5 to 7 children, and 2 spaces for
such home providing care for 8 to 12 children
Government uses (other than those Determined by zoning administrator 11
listed
Telecommunications towers/facilities Determined by zoning administrator 111
Utilities, minor* None
Utilities, major* 1 space per 1,000 sq. ft. of floor area
IletermiRed by wing administra M1
COMMERCIAL USES (SEE §3.4.1.F)
Kennels 1 space per 400 sg.ft. of floor area
Veterinary clinics 1 space per 250 sq. ft. of floor area
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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
§4.5.8 Screening
A. Features to be screened
The following features must be screened from view of public rights -of -way, public
open spaces and from lots used or zoned for residential purposes, as specified in
§4.5.8.
1. Drive -through windows/facilities, subject to §4.5.8.B;
2. Ground -mounted mechanical equipment, subject to §4.5.8.C;
3. Outdoor storage of materials, supplies, vehicles and equipment, subject to
§4.5.8.D;
4. pap -anR Donation drop-off containers and f edit es-, subject to §4.5.8.E;
5. Roof -mounted mechanical equipment, subject to §4.5.8.F; and
6. Trash receptacles and service areas, subject to §4.5.8.G.
E. Piek up an Donation drop-off containers a -a'' f edit e-s
Piek up an Donation drop-off containers a -a f eili e-s shall be screened from the first
story window(s) of any neighboring dwellings by a solid fence, solid wall, dense
hedge, or combination of such features. The hedge, fence or wall must be tall enough
to screen the equipment.
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
week for two sueeessive we twice in a newspaper published or having
general circulation within the city. The first notice shall appear no more than
4-4 28 days before the intended adeptie and the second notice appearing no less
than five days before the date of the meeting referenced in the notice. The t
"two sueeessive weeks" as used above sha4l mean that sueh nefiee shall be
published at least twiee with not less than six days elapsing between the fifst.
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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 standard height (DSH) in a designated resource
protection area, 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 evict-., applieati tree conservation plan submitted in accordance with
4 .1Q vi in vvii� uuvt § with i; plan o o rdo (see §6 8) §613 may
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satisfy the application requirements of §6.10.
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
DONATION DROP-OFF CONTAINER: An unattended container, box or similar device that
is located outside of a building and is em tied or replaced on a periodic basis. Such
containers may be used for the donation collection, and short-term storage of items, such
as clothing. toys, books and shoes. This term does not include stora e pods, trash
receptacles or recycling containers (such as for paper, plastic, glass and similar waste
materials).
ENCROACHMENT (FLOODPLAIN): For any area subject to floodplain regulations, the
advance or infringement of uses, plant growth, fill, excavation, buildings, permanent
structures or development into a floodplain, which may impede or alter the flow capacity
of a floodplain.
KENNEL An establishmerA for the keeping of breeding of dogs for- profit, or- more than fe
dogs or- more on any. any nun+be+ of dogs that are kept for- the purpose of sa4
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VETERINARY CLINIC: See §3.4.1.F.14
This ordinance shall be effective upon adoption.
PLANNING COMMISSION PUBLIC HEARING: July 14, 2025
CITY COUNCIL PUBLIC HEARING: July 22, 2025
ENACTED: July 22, 2025
V %J I jV1
Mayor Read
Aye
Councilmember Amos
Aye
Councilmember Bates
Aye
Councilmember Hall
Aye
Councilmember Hardy -Chandler
Aye
Councilmember McQuillen
Aye
Councilmember Peterson
Aye
a� f. - _,�
Mayor
Date
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