19860408 1986-21ORDINANCE NO. 1986-21
AN ORDINANCE AMENDING ARTICLE XVII OF CHAPTER 26 OF THE
CODE OF THE CITY OF FAIRFAX PERTAINING TO THE OLD AND
HISTORIC DISTRICT AND ADDING SECTIONS 26-194.1 TO 194.4
WHICH ESTABLISH OLD AND HISTORIC DISTRICT OVERLAY
REGULATIONS WHICH SHALL APPLY IN ADDITION TO OR IN
PLACE OF THE REGULATIONS OF THE UNDERLYING ZONING
DISTRICT.
WHEREAS the Old and Historic Fairfax District was establish-
ed by the City Council of the City of Fairfax, virginia, by
ordinance in 1977, pursuant to Section 2.8:1 of the Charter of
the City of Fairfax; and
WHEREAS the City Council finds that the Old and Historic
Fairfax District remains an area of historical, architectural and
cultural significance and that many of the structures which
contribute to the significance of the District were constructed
after 1900; and
WHEREAS the City Council further finds that the preservation
of the unique character of the District requires modification of
the land use regulations applicable to the underlying zoning
districts;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Fairfax that Article XVII of Chapter 26 of the Code of
the City of Fairfax be and hereby is amended by the revisions and
additions specified below:
1. Section 26-193
entirety as follows:
is hereby amended to read in its
"Sec. 26-193. Purpose and Intent.
The Old and Historic District is established to
promote the general welfare, education and recreational
pleasure of the public through the preservation and
protection of the character of the District and of
individual structures and premises of historical,
architectural and cultural significance within the
District.
Regulations applicable to structures and premises
within the District are intended to protect against the
destruction of or encroachment upon such areas,
structures and premises; to encourage uses which will
lead to their continuance, conservation and improvement
in a manner appropriate to the preservation of the
cultural, social, economic, political and architectural
heritage of the City; to prevent creation of environ-
mental influences adverse to such purposes; and to
ensure that new structures and uses within the District
will be in keeping with the character to be preserved
and enhanced.
In furtherance of these ends, this Article:
, 1986-21 - 2 -
(a) Designates boundaries of the Old and Historic
District within the City;
(b) Charges the Board of Architectural Review
(hereinafter referred to as BAR) with the responsi-
bility of regulating exterior architectural features
and appearance of structures, buildings or improve-
ments, including signs that are visible from any public
right-of-way, or significant landscaping features
surrounding such buildings, structures or improvements
to be moved, razed, demolished, erected, reconstructed,
substantially altered or restored within the Old and
Historic District; and
(c) Establishes the standards and procedures to
be followed by the BAR and to provide for a right of
appeal from its decisions to the City Council."
2. Sections 26-194.1 to -194.4 are hereby added to the
provisions of Article XVII and shall read in their entirety as
follows:
"Sec. 26-194.1.
Old and Historic District Overlay
Regulations.
Structures and premises within the Old and
Historic District, as designated in Section 26-194,
shall be subject to the provisions of this Chapter,
including the land use and development regulations of
the underlying zoning district, except to the extent
that these are modified by the provisions of Sections
26-194.1 to -194.4.
Sec. 26-194.2.
Permitted Uses - By Right and with
Special Use Permit.
(a) Ail uses permitted by right and as permitted
by special use permit in the underlying zoning
district.
(b) The following
permitted by right:
additional uses
shall be
(1) townhouse dwelling units;
(2) single-family detached dwelling units;
(3) semi-detached dwelling units;
units.
(4) apartment houses and accessory apartment
(c) Fast food restaurants may be permitted with a
special use permit issued by City Council provided
that:
(1) Such establishment
permitted in a existing structure;
shall only be
(2) Such establishment shall not exceed two
thousand five hundred (2,500) square feet in gross
floor area;
(3) Such establishment shall
drive-in window and no delivery service;
have no
(4) The characteristics of such use and
structure, if altered, shall be congruous with the
character and purpose of the Old and Historic District.
1986-21
- 3 -
Sec. 26-194.3. Bulk and Lot Area Requirements.
(a) Lot area requirements;
(1) Minimum lot area: None
(2) Minimum lot width: None
(b) Maximum building height:
more than three stories above grade.
35 feet, but not
(c) Minimum yard requirements:
(1) Front: The required front yard shall be
the average of the front yards of the lots within 100
feet on either side of the subject parcel.
(2) Side: No side yard is required except
where the side yard of property within the Old and
Historic District abuts residentially zoned property
situated outside the District boundaries; in which
case, the minimum angle of bulk plane shall be 45° and
the side yard shall be not less than 25 feet.
(3) Rear: No rear yard is required; except
where the rear yard of the premises located within the
Old and Historic District abuts residentially zoned
property situated outside of the District boundaries;
in which case, the minimum angle of bulk plane shall be
45° and the rear yard shall not be less than 25 feet.
(d) Open space requirement: none
(e) Floor area ratio: none
(f) Special exceptions. Upon the application of
the owner or contract purchaser for a special
exception, the City Council may modify the requirements
of this Section in accordance with the standards
established in Section 26-173(f) after consideration of
the special design requirements and criteria set forth
in Sections 26-194.4 and 26-206.1; provided however,
that, prior to consideration by Council, a request for
a special exception shall be forwarded to the BAR
for review and recommendation to the City Council.
Sec. 26-194.4. Special Design Requirements.
Each structure erected, enlarged or reconstructed
in the Old and Historic District shall be designed and
constructed in such a manner as to complement the
unique character and atmosphere of the District with
respect to building size, scale, placement, design and
the use of materials."
3. .The first paragraph of Section 26-195 is hereby amended
to read as follows:
"Sec. 26-195.
Approval required for erections, recon-
structions and alterations; waiver of
requirements; statement of guidelines.
No structure, building or improvement, including
signs, or significant landscape features surrounding
such building, structure or improvement located on any
land within the said Old and Historic Fairfax District
shall be erected, reconstructed, substantially altered
or restored until the plans for such shall have been
approved by the BAR as to architectural features, signs
and landscaping which are subject to public view from a
public street, way or place; provided, that the
1986-21
- 4 -
provisions of this article shall not apply to the
regular maintenance of the same as opposed to the
reconstruction, alteration or restoration. For the
purposes of this article the repainting of a structure
or building which results in the complete change of
color of the said structure or building or a substan-
tial portion thereof shall be deemed an alteration and
not regular maintenance, and the term "signs" shall be
deemed to include those located within a building or
structure which are plainly visible from a public
street, way or place."
The remaining two paragraphs of Section 26-195 shall remain
iunchanged.
4. Section 26-196
entirety as follows:
is hereby amended to read in its
"Sec. 26-196.
Permit Required for the Moving, Razing,
or Demolition of Structures Within the
Old and Historic District.
No building or structure existing within the Old
and Historic District on the date of the adoption of
this ordinance shall be moved, razed or demolished
except in accordance with a permit approved by the BAR,
or the City Council on appeal, and the BAR and Council
shall be empowered to refuse such permit for any build-
ing or structure which the BAR, or the City Council on
appeal, deems to be of such architectural or historic
public interest that its removal or destruction would
be detrimental to the public interest or contrary to
the purposes of this Article."
5. Section 26-203.1 is hereby added to the provisions of
Article XVII and shall read in its entirety as follows:
"Sec. 26-203.1.
Razing or Demolition of Structures if
Permit is Denied.
In addition to the right of appeal set forth in
Section 26-201 and Section 26-203, the owner of any
building or structure within the Old and Historic
District that was constructed after 1900, shall, as a
matter of right, be entitled to raze or demolish such
building or structure, provided that:
(a) The owner has applied to the BAR and the City
Council for such right in accordance with the
provisions of this Article;
(b) The owner has for the period of time set
forth in the time schedule below and at a price
reasonably related to its fair market value made a bona
fide offer to sell such building or structure, and the
land pertaining thereto, to the City or to any person,
firm, corporation, government or agency thereof which
gives reasonable assurance that it is willing to
preserve and restore the building or structure and the
land pertaining thereto; and
(c) No bona fide contract, binding on all parties
thereto, shall have been executed for the sale of any
such building or structure, and the land pertaining
thereto, prior to the expiration of the applicable time
period set forth below. Any appeal which may be taken
to the Circuit Court from the decision of the City
Council, whether instituted by the owner or by any
1986-21
other proper party, shall not affect the right of the
owner to make a bona fide offer to sell. No offer to
sell shall be made more than one year after the final
decision of the City Council, but thereafter the owner
may renew his request to the governing body to approve
the razing or demolition of the building or structure.
The required time for offers to sell shall be as
follows:
(1) Three months when the offering price
less than $25,000.00.
(2) Four months when the offering price
$25,000.00 or more, but less than $40,000.00.
(3) Five months when the offering price
$40,000.00 or more, but less than $55,000.00.
(4) Six months when the offering price is
$55,000.00 or more, but less than $75,000.00.
(5) Seven months when the offering price
$75,000.00 or more, but less than $90,000.00.
(6) Twelve months when the offering price
$90,000.00 or more."
6. Section 26-203.2 is hereby added to the provisions of
~rticle XVII and shall read in its entirety as follows:
"Sec. 26-203.2.
Site Plan Approval Procedure Within
the Old and Historic District.
Within the Old and Historic District, each
erection, reconstruction and alteration requiring site
plan approval shall comply with the procedures
established in Section 26-22; provided, however, that
no site plan shall be approved until it has been
reviewed by the BAR and its comments have been
considered by the city official with authority for site
plan approval.
In addition to the information required by Section
26-23, the following information shall be provided with
each application for site plan approval for sites
located within the Old and Historic District:
(a) The location, exterior dimensions and all
setbacks of each structure on any parcel adjacent to
the subject site.
(b) A statement certified by a professional
engineer or certified land surveyor indicating the
depth of the front yard of each lot within 100 feet on
either side of the subject property.
7. Section 26-206.2 is hereby amended by the deletion of
the words "which existed in the Old and Historic Fairfax District
in the year 1900 or prior thereto" in the first sentence.
Ail provisions of Article XVII of Chapter 26 not amended by
the foregoing shall remain in full force and effect.
1986-21 - 6 -
WHEREAS, the provisions of Section 26-194.2(c) , set forth
lbove and pertaining to fast food restaurants in the Old and
istoric District by special use permit, are repetitive of the
xisting Section 26-172(a)(6);
NOW, THEREFORE, BE IT FURTHER ORDAINED that the provisions
.f Section 26-172(a)(6) be deleted from the Code of the City of
rfax and that the subsequent paragraphs (7) , (8) , (9) , (10)
(11) of this subsection be renumbered accordingly.
This ordinance shall be effective immediately upon its
~xecution by the Mayor.
'UBLIC HEARING BEFORE PLANNING COMMISSION: ~{arch 24, 1986
,UBLIC HEARING BEFORE CITY COUNCIL: April 8, 1986
)OPTED: April 8, 1986
Mayo~George--T. ~der, o
~TEST:
~rk