19671205 1967-10 ORDINANCE NO. 1967-10
AN ORDINANCE TO AMEND AND REENACT CERTAIN SECTIONS OF
THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA.
THE CITY COUNCIL HEREBY ORDA;I!NS that the Zoning Ordinance of the City
of Fairfax is hereby amended and reenacted to read as follows:
SECTION 2
ADD the following definitions in alphabetical order;
SCHOOLS:
Nursery School: Any place, however designated, operated for the pur-
pose of providing training, guidance, education or care for four or
more children, none of whom are over six years of age, separated from
their parents or guardians during any part of the day other than from
6:00 p. m. to 6:00 a. m., including kindergartens, day nurseries and
day care centers.
A nursery school shall not be deemed a customary home
occupation.
School of General Instruction: A public, parochial, or private school
or college giving regular instruction at least five days each week
(except for holidays) for a normal school year of not less than seven
months; but not including: (a) A school of special instruction as
defined herein; or (b) A nursery school unless conducted as a part of
a school of general instruction.
School of Special Instruction: A school primarily devoted to giving
instruction in vocational, professional, commercial, musical, dramatic,
artistic, terpsichorean, linguistic, scientific, religious or other
special subjects, but not including: (a) A nursery school; or (b) a
riding schook, however, designated; or (c) a school for mental defec-
tives.
ADD the following words to Subsection 2.09:
Customary Home Occupation by addiog a "comma" and the words "nursery
school" after "animal hospital" and before "and any establishment in
which goods are offered for sale."
SECTION 3
Change:
To:
3.17 b from:
"Any use permissible on appeal in R-l, R-2, and R-3 zoning
districts."
"Any use requiring a Special Use Permit in R-l, R-2, and
R-3 zoning districts."
-2 -
SECTION 6
Off Street Parking
ADD the following new subsection:
6.12 Schools: See Section 14 for parking requirements.
-3 -
SECTION 11
!. ADD Nursery Schools in the R-1 Zone, changing:
Uses Permissible on Appeal:
Churches, governmental use, golf courses, plant
nurseries, hospitals for treatment of human beings,
nursing homes, electric transformers and substations,
telephone repeater stations, club houses and grounds
not conducted for gain (including swimming pools),
schools of general instruction, lodge halls, customary
home occupations, kennels.
To."
Uses Requiring a Special Use Permit (See Section 5.08)
With site plans as required by Section 3.17 of this
ordinance:
Churches, governmental use, golf courses, plant
nurseries, hospitals for treatment of human beings,
nursing homes, electric transformers and substations,
telephone repeater stations, club houses and grounds
not conducted for gain (including swimming pools),
schools of general instruction and nursery schools
complyin9 with the provisions of Section 14 of this
ordinance, lodge halls, customary home occupations,
kennels.
ADD nursery schools in the R-2 Zone, changing:
Uses Permissible on Appeal:
Tourist homes, Ail uses permissible on appeal in R-1
zone, except kennels.
-4 -
To:
Uses Requiring a Special Use Permit (See Section 5.08)
With site plans as required by Section 3.17 of this
ordinance:
Tourist homes and all uses requirinq a special use
permit in the R-1 zone, except kennels.
3. ADD Nursery Schools in the R-3 zone, changing:
e
Uses Permissible on Appeal:
Ail uses permissible on appeal in R-2 Zone. Rooming
houses subject to approval of health officer, golf
driving ranges, carnivals, circuses and fairs limited
to no more than two weeks duration.
To:
Uses Requiring a Special Use Permit (See Section 5.08)
With site plans as required by Section 3.17 of this
ordinance:
Rooming houses subject to approval of health officer,
golf driving ranges, carnivals, circuses and fairs
limited to no more than two weeks duration and all
uses requirin] a special use permi.t, in R-2 zones.
ADD Nursery Schools and Schools of General Instruction to the
R-T zone, adding, just before "Uses prohibited":
Uses Requiring a Special Use Permit (See Section 5.08):
When shown on the preliminary site plan submitted to the
City Council at the time of rezoninq to the R-T zone, or
when shown on a site plan amended with the approval of the
City Council~ schools of ~eneral instruction and nursery
schools complyin~ with Section 14 of this ordinance.
5. ADD Nursery Schools to the M-1 Zone, changing:
Uses Permissible on Appeal:
All uses permissible on appeal in R-3 Zone.
NOTE:
All uses permissible by right or on appeal in
this zone are subject to installation and
approval by the Director of Public Works of
curbs, gutters, storm drainage structures,
sidewalks, entrances and exits.
- 5 -
e
To:
Uses Requirinq a Special Use Permit (See Section 5.08)
With site plans as required by Section 3.17 of this
ordinance:
All uses requiring a special use permit in R-3 zone.
NOTE:
All uses permissible by right or requirin~
a special use permit in this zone are subject
to installation and approval by the Director
of Public Works of curbs, gutters, storm
drainage structures, sidewalks, entrances
and exits.
Limit schools of special instruction and prohibit nursery schools
and schools of general instruction in C-1 zones, changing under:
Uses Permissible by Right:
e
Such ancillary uses as clinics, schools of special
instruction, pharmacies or medical supply services,
barber shops, beauty shops, restaurants, newsstands,
photographic services, florists, gift shops, optical
stores and services, are permissible by right;
provided they are located completely within a said
professional governmental or business office building,
and provided further that such ancillary uses do not
occupy more than 20% of the total usable floor space
of said office building.
To:
Insert the following after the words "school of special
instruction":
"complyin~ with Section 14 of this ordinance except that
a trade school may be operated only in a district where
the practice of the particular trade tauqht is permitted
as a commercial enterprise".
AND Changing:
Uses Permissible on Appeal:
All uses permissible on appeal in R-3 zone.
Nursery schools, telephone exchanges and dial centers.
All uses permitted by right or on appeal in this zone are
subject to installation and approval by the Town Engineer
of curbs, gutters, storm drainage structures, sidewalks,
entrances and exits.
-6 -
To:
Uses Requiring a Special Use Permit (See Section 5.08)
With site plans as required by Section 3.17 of this
ordinance, telephone exchanges and dial centers and
all uses requiring a special use permit in R-3 zones,
except nursery schools and schools of ~eneral
instruction:
All uses permitted by right or with a special use permit
in this zone are subject to installation and approval by
the Director of Public Works of curbs, gutters, storm
drainage structures, sidewalks, entrances and exits.
Limit schools of special instruction and prohibit nursery schools
and schools of general instruction in C-2 zones, and clarify
wording with respect to ancillary uses, changing:
Uses Permissible by Right:
By adding the following at the end of sentence four -
Uses indicated as ancillary in C-1.
"but without requirements that such uses be located in a
professional~ ~overnment or business office buildinq, and
without limitation as to the percent of space in a
buildinq so used."
And changing:
Uses Permissible on Appeal:
All uses permissible on appeal in C-1 Zone, trailer and
mobile home parks subject to Section 5.10 and any other
applicable ordinances, veterinarians and animal hospitals,
open air theaters, pony rings, riding stables, miniature
golf courses.
All uses permissible by right or on appeal in this zone
are subject to installation and approval by Town Engineer
of curbs, gutters, storm drainage structures, sidewalks,
entrances and exits.
. To:
Uses Requiring a Special Use Permit (See Section 5.08)
With site plans as required by Section 3.17 of this
ordinance, trailer and mobile home parks subject to
Section 5.10 and any other applicable ordinances,
veterinarians and animal hospitals, open air theaters,
pony rings, riding stables, miniature golf courses, and
all uses requirin] special use permits in C-1 zones.
- 7 -
e
e
All uses permissible by right or with a special use permit
in this zone are subject to installation and approval by
the Director of Public Works of curbs, gutters, storm
drainage structures, sidewalks, entrances and exits.
Limit schools of special instruction and prohibit nursery schools
and schools of general instruction in C-3 zones, by changing:
Uses Permissible on Appeal:
To:
Uses Requirinq a Special Use Permit (See Section 5.08)
Add schools of special instruction and prohibit nursery schools
and schools of general instruction in I-1 zones, by changing:
Uses Permissible by Right:
By inserting:
'lSchools of special instruction complyinq with
Section 14 of this ordinance except that a trade
school may be operated only in a district where
the practice of the particular trade tauqht is
permitted as a commercial enterprise."
After:
Industrial uses for which satisfactory evidence is
presented that such uses will not adversely affect
any contiguous district by reason of odor, glare,
smoke, vibration, noise, or sight, subject to
approval of site plan by Planning Commission and
construction of project in accordance with all
details of site plan.
And before:
No industrial building in I-1 zone may be enlarged or
changed in use, no parking area may be moved or
enlarged without prior approval of Planning Commission.
Not more than 50% of the land area may be occupied by
buildings.
And Changing:
Uses Permissible on Appeal:
All uses permissible by right or on appeal in R-1 Zone.
To:
-8 -
10.
Uses Requiring a Special Use Permit (See Section 5.08)
All uses permissible by right or requirin~ a special use
permit in R-l, except schools of ~eneral instruction and
nursery schools.
Limit schools of special instruction and prohibit nursery schools
and schools of general instruction in I-2 zones, by changing:
Uses Permissible on Appeal:
All uses permissible by right or on appeal in C-2 zone.
To:
Uses Requiring a Special Use Permit (See Section 5.08)
All uses permissible by right or requirin~ a special
use permit in C-2 zones.
--' 9
SECTION 14
SCHOOLS
14.01
14.02
14.03
INTENT: Nursery schools, schools of general instruction, and
schools of special instruction, as defined in Section 2 of this
ordinance, whether public, private, parochial, or cooperative,
are regulated by this section to protect health and safety, to
protect neighboring uses from nuisances occasioned by traffic,
number of children present, noise, or type of physical activity,
and to provide for adequate off-street parking. No provision of
this section shall be construed to conflict with any school
requirements established by the Commonwealth of Virginia.
SCREENING REQUIREMENTS:
Privacy screening at least 6 feet tall may be required along play
area or parking areas abutting a residential lot. Such screening
may be vegetative if it meets the height requirement. Play area
may be required to be fenced for the safety of the children
attending. These requirements shall not be construed to permit
fences or walls which may be prohibited by other sections of this
ordinance.
OFF-STREET PARKING REQUIREMENTS:
14.03.01 In R-l, R-2 and R-3 zones, no more than two parking
spaces shall be provided in the front yard.
14.03.02 No parking areas which consist of three or more parking
spaces shall be located in any required setback area
or within a distance of 25 feet from any property line
in R-l, R-2 or R-3 zones, or for any school of general
instruction.
14.03.03 For nursery schools, or other schools where students
are under driving age.
Off-street parking areas shall be provided for all
parking required for staff and buses, and all loading and
unloading. Staff parking shall be provided at the rate
of one parking space for each of the maximum number of
staff members and employees who will be present at any
one time, including shift or session overlap.
14.03.04 For schools of general instruction at the high school
level:
One off-street parking space for every l0 students
of design capacity.
-10-
14.05
14.03.05
For schools of special instruction and for schools of
general instruction above the high school level:
Off-street parking shall be provided at the rate
of one space per every 100 square feet of gross floor
space, or one space for every two students and staff,
whichever is greater.
14.03.06 All schools using buses shall provide adequate areas
for off-street loading and unloading. In the R-l,
R-2 and R-3 zones, one ~'mini-bus'~ may be parked as a
family passenger vehicle mi9ht be parked; parking for
any other type of bus or for additional mini-buses
shall be provided in the rear yard.
INDOOR AND OUTDOOR PLAY AREA REQUIREMENTS FOR NURSERY SCHOOLS:
14.04.01
The design capacity of a nursery school shall be
determined by the "available outdoor play area" or the
"available indoor play area," whichever is more
restrictive. At least 100 square feet of "available
outdoor play area," and at least 25 square feet of
"available indoor play area" shall be required per
child registered per session.
The "available outdoor play area" shall be the area
located within the building restriction lines exclusive
of area covered by buildings, driveways, and parking
and loading space. The outdoor play area shall be
completely enclosed with a fence at least 4 feet high
and shall lie within the building restriction lines.
The "available indoor play area" shall consist of the
total floor area of rooms used for classes or playing,
exclusive of halls, closets, toilet rooms, coat and
storage rooms, kitchen, office, sick-child isolation
room and living quarters of any staff who live on the
premises.
ADDITIONAL PROVISIONS FOR SCHOOLS IN MULTI-FAMILY RESIDENTIAL ZONES:
14.05.01
In the R-T and M-1 zones, a school may not be located in
one or more of the units designed amd built to rent or
sell as dwelling units, it being the intent of this pro-
vision that building space used as a school be specifically
designed and built for that purpose.
A school shall not be located directly above or below any
dwelling unit, and shall not share a party wall with any
dwelling unit.
-11 -
A school shall have direct access to the out-of-doors,
which access shall not be through any hall, foyer, or
vestibule serving as entrance or exit for any purpose
other than the school entrance and exit. More than
one exit may be required for emergency use.
Play areas shall be completely fenced and not accessible
to children not in attendance.
Introduced:
Adopted:
November 7, 1967
December 5, 1967
Mayor
Attest;
Cit~ Clerk
-12-