19790213 1979-1ORDINANCE NO. 1979-1
LAW OFFICES
CHESS, DURRETTE
8; ROEDER
3900 UNIVERSITY DRIVE
FAIRFAX, VIRGINIA ~2030
AN ORDINANCE kMENDING APPENDIX B
OF THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA, PROVIDING ZONING REGULA~
TIONS FOR RETIREMENT HOMES.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Appendix B of the Code of the City of Fairfax,
Virginia, be and is hereby amended in the following manner:
1. Section 2 of said appendix be and it is hereby amended
to include the following:
"RETIREMENT HOME: An apartment house used as a residence
exclusively by persons aged sixty-two or older, their spouses,
and the operator(~) or the resident manager(~) of such retirement
home. A retirement home shall provide central kitchen and
dining facilities for the residents, together with such common
recreational and entertainment areas as may be deemed appropriate
by the operator(~) thereof. It may provide medical equipment or
facilities for treatment in emergencies but shall not provide
general medical or nursing facilities."
2. Section 3.01 Subsection M-1 of said appendix be and it
is hereby amended to read in its entirety as follows:
"M-1 This zone is established to provide areas
for multi-family residences of the garden
or low-rise type or for retirement homes.
See Sections 3.14 and 11 for additional
and specific requirements and uses."
3. Section 3.141 of said appendix be and it is hereby
amended to read in its entirety as follows:
"3.141 Area Requirements: Any lot or tract used
for apartment houses other than retirement homes
shall have a minimum of 10,000 square feet for
the first living unit in each apartment house.
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For additional living units in any particular
apartment house, the following areas shall be
added to the 10,000 square feet requirement:
Number of Rooms
per Living Unit
Lot Area Requirements
per Living Unit
1 1500 sq. ft.
2 2000 sq. ft.
3 2500 sq. ft.
4 3000 sq. ft.
Kitchens and baths shall not be included in determining the
number of rooms in a given living unit.
Any lot or tract used for a retirement home shall have a
minimum of 5,000 square feet for the first resident bed in each
retirement home. For each additional resident bed in any partic-
ular retirement home, 750 square feet of area shall be added to
the 5,000 square feet requirement.
4. Section 6.01 subsection b of said appendix be and it is
hereby amended to read in its entirety as follows:
"6.01 b. Apartment House and Retirement Home: One
and one-quarter parking spaces for each
living unit of an apartment house and one
and one-quarter parking spaces for each two
resident beds for retirement homes. Partial
deferral of construction of parking facilities
for retirement homes is permissible under
Section 11, M-1 Zone, H."
5. Section 11 subsection M-1 Zone A(1) of said appendix be
and it is hereby amended to read in its entirety as follows:
"1. Apartments, Apartment Houses and Retirement Homes,
subject to Section 3.14 et seq. and to the approval of a site
plan by the Planning Commission, upon consideration of the
following factors and standards: the size and shape of the lot
on which the use is proposed, access to streets for both veh
and pedestrian traffic, taking into consideration future increase
of vehicular traffic, lighting, noise, traffic, sight, smoke,
1979-1
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dust, odor, vibration and other factors which may affect the
serenity of the neighborhood, the safety and movement of vehiculal
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 overall impact of the
proposed use upon the development and use of adjacent land."
6. Section 11 subsection M-1 Zone of said appendix be and
it is hereby amended to include a new section H as follows:
"H. Retirement Homes: Upon presentation of a site
plan for a retirement home to the Planning Commission, the
Planning Commission, in its discretion after considering all
facts and circumstances including the standards set forth in
subsection A.1. hereinabove, and the projected demand for such
parking spaces, may permit the developer to defer construction
of a portion of the parking area shown upon such site plan with
the following stipulations:
(1) the deferred portion shall not exceed fifty
percent of the required parking spaces, and
(2) the deferred portion shall include the travel
lanes and access serving such parking spaces
exclusively, and
(3) any parking area shall be surface parking, and
(4) any such deferral shall be for an initial
period ending one year after the issue of
an occupancy permit for such retirement
home, and
(5) any such deferred space shall be landscaped
as approved by the Planning Commission.
During the initial period of deferral, the Zoning Admin-
istrator shall inspect the premises on a periodic basis to
determine the demand for parking and the compliance with this
Ordinance. The Zoning Administrator shall report his findings
in this regard to the Planning Commission prior to the expiration
of such initial period of deferral. The Planning Commission may
defer such construction for additional periods of three years
each thereafter upon consideration of the a. bove-stated factors
and standards, and the findings of the Zoning Administrator.
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The Planning Commission may at any time require the immediate
construction of any parking area where construction has been
deferred if the operator fails to comply with the restrictions
upon residency.
This amendment shall become effective January 1, 1979.
Introduced:
Adopted: February 13, 1979
Mayor
ATTEST:
~~'~ ' · ~:"~ ~ Clerk