19720801 1972-17 ORDINANCE NO. 1972-17
AN ORDINANCE AMENDING AND RE-ENACTING THE R-3 ZONE
OF SECTION !1 (ZONING SCHEDULE) OF THE ZONING ORDI-
NANCE OF THE CITY OF FAIRFAX, VIRGINIA, TO PERMIT
ELEEMOSYNARY INSTITUTIONS WITH A SPECIAL USE PERMIT.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that the R-3 Zone in Section 1] (Zoning Schedule) of the Zoning
Ordinance of the City of Fairfax, Virginia, be and it hereby is amended
and re-enacted to read in its entirety as foi]ows:
Residential-3 Zone
The following regulations shall apply in all R-3 districts:
A. The following uses are permitted by right:
l. Single-family detached dwellings and their accessory buildings;
2. Customary home occupations;
3. Semi-detached dwellings.
B. The following uses may be permitted subject to securing a special use
permit as provided in Section 5:
1. Ail uses permitted by special use permit in R-2;
2. Rooming houses subject to approval of the Health Officer;
3. Golf driving ranges;
4. Carnivals, circuses and fairs limited to not more than two (2)
weeks' duration;
5. Eleemosynary institutions, subject to the following conditions:
a. Minimum lot area - thirty-four thousand (34,000) square feet;
b. No encroachment into front, side and rear yard setbacks with any
parking or structures;
c. Maximum number of parking spaces permitted shall be no more than
ten (10), and all parking shall be provided off-street and shall
1972-17
de
be screened in such a manner as to be unobtrusive to adjacent
uses;
The site shall have a common boundary on at least one side by
commercial or industrial zoning;
Provided, however, and notwithstanding any provision to the
contrary, the special use permit required hereunder shall only
be issued by the City Council in accordance with the procedure
hereinafter set out.
Procedure:
(1) An applicant for a special use permit under this subsection 5
shall make application to and on forms provided for that purpose
by the Zoning Administrator, and the application shall be accom-
panied by a fee of twenty dollars ($20).
(2) Each such application within thirty (20) days after filing shall
be placed upon an agenda of a City Council meeting and the City
Council shall schedule a public hearing upon the application, and
shall cause to be advertised by publication once a week for two
(2) successive weeks in a newspaper published in or having general
circulation in the City of Fairfax a notice of the time and place
of the public hearing. This hearing shall be not less than five
(5) days nor more than ten (10) days after final publication of
the notice. At least ten (10) days prior to the date of any such
public hearing the property shall be posted by the City and the
applicant shall notify all adjacent and at least three (2) addi-
tional neighboring property owners by certified mail.
(2) The City Council is hereby empowered to grant special use permits
when in the judgment of the Council such special use permit shall
-2 -
1972-17
(4)
(5)
be in harmony with the general purpose and intent of the zoning
regulations and map, such use will not be objectionable by reason
of smoke, dust, odor, vibration or sight and will not tend to
affect adversely the use of neighboring property or the welfare
of persons living and working in the neighborhood of the proposed
use.
The City Council in considering any application for a special
use permit shall consider the following factors and standards:
The size and shape of the lot on which the use is proposed,
access to streets for both vehicular and pedestrian traffic,
taking into consideration future increase of vehicular traffic,
lighting, noise, traffic, sight, smoke, dust, odor, vibration
and other factors which may affect the serenity of the neighbor-
hood, the safety and movement of vehicular traffic upon adjacent
streets, the safety of children living in the area, the location,
height and design of buildings, walls, fences and landscaping
proposed and over-all impact of the proposed use upon the
development and use of adjacent land.
The City Council shall have the power, except as otherwise pro-
vided to impose conditions upon the issuance of any special use
permit and to require bond acceptable to the Bond Committee of
the City Council of any applicant to insure compliance with such
conditions. No occupancy permit shall be issued for any such use
until all conditions of the special use permit have been complied
with. In imposing such said conditions, the Council shall be
guided by the standards and considerations as set forth in
Paragraph 5.e.(4).
-3 -
1972-17
Ce
(6) No order of the City Council permitting the erecting, alteration,
or use of a building shall be valid for a period exceeding twelve
(12) months, unless building permit(s) for the erection of each
of such building or buildings is/are obtained, construction is
begun within said period and construction proceeds to completion
in accordance with said permit(s). In the event said order does
not involve the construction of any building the order of the
Council permitting the use shall not be valid for a period
exceeding six (6) months unless such use is established within
six (6) months.
Height, area, setback and lot width:
1. Height: maximum height of thirty-five (2S) feet.
2. Lot area:
a. Minimum lot area of ninety-five hundred (g$O0) square feet (Note h).
b. Average lot area ten thousand five hundred (10,SO0) square feet.
2. Setbacks: (Note e)
a. Front - twenty-five (2S) foot setback, except that on a street which
has a right-of-way of less than fifty (SO) feet the front setback
shall be fifty (SO) feet from the center line;
b. Side - twelve (12) feet;
c. Rear - twenty-five (2S) feet;
d. On corner lots the front setback shall apply to all streets and the
side setback shall be applied to the remaining two (2) yards.
Lot width: minimum lot width at the front setback line:
a. Interior lot - seventy (70) feet;
b. Corner lot - ninety-five (gS) feet.
-4 -
D. Parking Requirements as provided in Section 6.
E. General regulations and provisions as provided in Section 3.
F. Uses Prohibited: All uses not specifically permitted are prohibited.
This Ordinance shall become effective immediately upon its
passage.
Passed: August 1, 1972.
Attest:
C it~(~Clerk
// Mayor
-5 -