19900522 1990-12ORDINANCE NO. 1990-12
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA BY REPEALING ARTICLE XVII (OLD
AND HISTORIC DISTRICTS) AND XVIII (ARCHITECTURAL
CONTROL DISTRICT) AND ENACTING ARTICLE XVII. 1 (BOARD OF
ARCHITECTURAL REVIEW), ARTICLE XVII.2 (HISTORIC OVERLAY
DISTRICTS) AND ARTICLE XVII.3 (OLD TOWN FAIRFAX
TRANSITION OVERLAY DISTRICT); AND TO REENACT ARTICLE
XVIII (ARCHITECTURAL CONTROL DISTRICT).
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia
that Articles XVII and XVIII of Chapter 26 of the Code of the City of
Fairfax, Virginia are hereby repealed, and Articles XVII. 1, XVII.2 and
XVII.3 are hereby enacted, and Article XVIII is hereby reenacted, to
read in their entirety as follows:
"ARTICLE XVII. 1 BOARD OF ARCHITECTURAL REVIEW
Sec. 26-193.11. Board of architectural review--Established.
For the purpose of making effective the provisions of Articles
XVII.2, XVII.3 and XVIII, there is hereby established a Board of
Architectural Review (BAR) which shall be composed of seven (7)
members appointed by the City Council. Such members shall be City
residents, provided that if no City residents meeting the
membership requirements apply to fill the vacancy, then the City
Council may appoint non-residents in accordance with the
limitations established in Section 3.6 of the City Charter. Members
shall be appointed for staggered terms of three (3) years; provided,
however, that the term of the Planning Commission member shall
be further limited by that member's term on the Commission. Any
member of the BAR may be removed from office for cause by a two-
thirds (2/3) vote of the City Council. Any appointment to fill a
vacancy created as a result of such a removal shall be only for the
unexpired portion of the term.
Sec. 26-194.11. Membership requirements.
Requirements for BAR membership are established below.
Standards for demonstrating interest, competence or knowledge in
historic preservation and standards for determining professional
qualifications shall be as established by the Virginia Department of
Conservation and Historic Resources for the Certified Local
Government Program.
(a) All appointees shall have a demonstrated interest, competence,
or knowledge in historic preservation.
(b) At least one appointee shall be an architect or architectural
historian.
(c) At least one additional appointee shall have professional training
or equivalent experience in architecture, history, architectural
history, archeology or planning.
(d) One additional appointee shall be selected from among the
membership of the Planning Commission.
1990-12 -2
(e) One appointee shall be a business person in the City. In
deliberating on this appointment, City Council shall solicit a list of
nominations from organized business associations; however, such
appointee need not be a member of any such association.
Sec. 26-195.11. Officers
The BAR shall elect a chairman and a vice chairman from its
appointed membership. The director shall serve as secretary to the
BAR, but shall not be a voting member.
Sec. 26-196.11. Meetings.
The chairman shall conduct the meetings of the BAR. The
secretary shall be responsible for keeping the minutes of the
meetings and a permanent record of all resolutions, motions,
transactions and determinations, which minutes and records shall
be open to public inspection in the office of the zoning
administrator. Any five (5) members shall constitute a quorum.
Decisions of the BAR shall be determined by the vote of a majority of
the membership present and voting.
Sec. 26-197.11. Powers and duties.
The BAR shall have the following powers and duties:
(a) To review and decide any application requesting approval for
moving, demolition, construction, reconstruction, alteration or
restoration of any structure, improvement or significant landscape
feature within an historic district.
(b) To review and decide any application requesting approval for
exterior architectural features of any structure, improvement or
significant landscape feature associated with such structure or
improvement to be erected, reconstructed or substantially altered in
an architectural control district.
(c) To review and decide any application for approval or request for
permits for signs to be erected, altered, reconstructed or restored
in an historic district, the Old Town Fairfax Transition Overlay
District, and as provided elsewhere in the Architectural Control
District.
(d) To render such other decisions and recommendations as
provided elsewhere in this chapter.
Sec. 26-198.11. Statement of guidelines
The BAR shall formulate and publish a statement of guidelines
describing the required procedures, exhibits, visual displays and
other data required relative to applications submitted for approval by
the BAR. The said statement of guidelines and any amendments
thereto shall be subject to the approval of the city council.
Sec. 26-199.11. Application procedures.
(a) Application for BAR review shall be made to the zoning
administrator by the property owner, contract purchaser, lessee or
duly authorized agent. In addition to the application, the applicant
1990-12 -3
shall submit such exhibits, visual displays and other information as
the zoning administrator deems necessary for determination of the
application. The applicant may also submit additional information
and materials in support of the application.
(b) After the zoning administrator determines that the
requirements contained in subsection (a) have been satisfied, he
shall forward the application and any supporting materials to the
BAR for consideration.
Sec. 26-200.11. Hearing before BAR.
During the consideration of an application filed under this
article, the BAR shall hear any party desiring to testify. Such
testimony shall be strictly confined to the question of whether the
proposed action satisfies the criteria, standards and guidelines
contained or referenced in Articles XVII.2, XVII.3 or XVIII. The
BAR shall also hear any testimony from the city staff.
Sec. 26-201.11. Decisions; certificates of approval.
(a) The BAR shall render a decision on each application in open
hearing not later than the next regular meeting after the conclusion
of the hearing on the application, unless time is extended by mutual
agreement between the BAR and the applicant.
(b) In all final decisions rendered pursuant to this article, the BAR
shall state its findings in writing. Upon disapproval of an
application, the BAR may make recommendations pertaining to
design, texture, material, color, line, mass, dimensions or lighting.
Such application may again be heard by the BAR, if within ninety
{90) days of the decision to disapprove by the BAR, the applicant has
amended his application in substantial accordance with the BAR's
recommendations.
(c) The BAR shall not reconsider any decision nor shall it hear
substantially the same application which has been denied, for a
period of one (1) year after any such decision, except as provided in
(b) of this section.
(d) Approval by the BAR of any application filed hereunder shall be
evidenced by issuance of a certificate of approval signed by the
chairman and attested by the secretary. The applicant shall be
issued the original of the certificate, and a copy shall be maintained
on file in the zoning administrator's office.
(e) A certificate shall become null and void if no significant
improvement or alteration is made in accordance with the approved
application within twelve (12) months from the date of approval.
On written request from an applicant, the BAR may grant a single
extension for a period of up to one (1) year if, based upon
submissions from the applicant, the BAR finds that conditions on
the site and in the area of the proposed project are essentially the
same as when approval originally was granted.
Sec. 26-202.11. Appeals to the city council.
Whenever the BAR shall approve or disapprove any application,
the applicant, or any other person with justifiable cause, may appeal
such decision before the city council; provided that the appellant
1990-12 -4
files with the city clerk, on or before fourteen (14) days after the
decision of the BAR, a notice in writing of such appeal together with
required fees and all costs necessary to cover the advertising for the
council hearing; and provided further that whenever such notice of
appeal is filed by a party other than the applicant, such notice shall
be accompanied by a petition for such appeal in writing, signed by
twenty (20) electors of the city. Upon the filing of the notice of
appeal and fee as provided herein, the city clerk shall schedule a
public hearing before the city council not more than thirty (30) days
after the filing of such notice. Further, the city clerk shall cause to
be published at least once in a newspaper of general circulation
within the city, at least six (6) days before such proposed hearing,
an advertisement stating the time, date and place of the hearing
before the council, the location of the property involved, the name
of the applicant and appellant and the nature of the requested
action.
Sec. 26-203.11. Hearing before city councU.
Upon appeal, the final decision of the BAR shall be stayed
pending the decision of the city council; provided, however, that the
applicant is prohibited from taking any action for which approval is
sought during the pendency of such appeal. The council shall
conduct a full and impartial public hearing on the matter before
rendering any decision. The same procedure and standards shall be
applied by the council as established for the BAR. The council may
affirm, reverse or modify the decision of the BAR, in whole or in
part. The decision of the council shall be final, subject to the
provisions of section 26-204.11.
Sec. 26-204.11. Appeals to circuit court.
Whenever the city council shall, on appeal, approve or
disapprove an application or request for permit, the applicant or
other person with justifiable cause may further appeal to the circuit
court of the county for review of the final decision of the city
council, by filing a petition at law setting forth the manner in which
the appellant alleges that the decision of the city council is
improper. Such petition shall be filed within thirty (30) days after
the final decision is rendered by the city council. The filing of a
petition in compliance herewith shall stay the council's decision
pending the outcome of any such appeal; provided, however, that
the applicant ts prohibited from taking any action for which approval
may have been granted during the pendency of such appeal.
ARTICLE XVII.2 HISTORIC OVERLAY DISTRICTS
Division 1. Generally.
Sec. 26-205.11. Purpose.
This article is established to promote the general welfare,
education and recreational pleasure of the public through the
establishment, preservation and protection of the character of
historic districts and of individual structures and premises of
historical, architectural and cultural significance within these
districts.
1990-12 -5
Regulations applicable to structures and premises within
historic districts 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 environmental influences adverse to such
purposes; and to ensure that new structures and uses within such
districts will be consistent with the character to be preserved and
enhanced. In furtherance of these ends, this article:
(a) Provides for creating historic districts and altering historic
district boundaries;
(b) Charges the board of architectural review with the regulation of:
(1) exterior architectural features and appearance of
structures, buildings or improvements to be moved, demolished,
erected, reconstructed, substantially altered or restored within
historic districts;
(2) significant landscaping features surrounding such
buildings, structures or improvements; and
(3) the appearance of exterior signs and signs attached to or
hanging behind any window that are visible from any public street or
place in an historic district.
(c) Establishes guidelines for erection, reconstruction, alteration,
moving, razing and demolition of structures; site plan approval
procedures; design criteria; and special requirements.
Sec. 26-206.11. Designation of districts.
(a) Creation of districts; district boundary adjustments.
(1) The city council may create historic districts or alter the
boundaries of any existing historic district at such time as it deems
such action to be in the public interest by promoting the general
welfare of the community through the preservation of old and
historic places or areas of historic significance in the city. Said
districts shall only be created and altered by amendment to the
zoning map and text as provided in Sec. 26-5 and Sec. 26-5.1 of the
city code after consideration of the standards established hereafter
in subsection (2). The term historic district may apply to one (1) or
more historically, architecturally or culturally significant structures
or properties.
(2) Any structure, group of structures, site or area may be
designated an historic district in accordance with the provisions
established in subsection (1), provided that such property is found
to:
a.
have significant historical character, interest or value
as part of the City's heritage; or
be the site of an historic event with a significant
affect upon society; or
exemplify the cultural, political, economic, social or
historic heritage of the community; or
1990-12 -6
g.
portray the environment in an era of history
characterized by a distinctive architectural style(s); or
be part of or related to a distinctive area which
should be developed or preserved according to an
historic, cultural or architectural motif; or
represent an established and familiar visual feature of
the community; or
be likely to yield information important to history or
prehistory.
(b) Old Town Fairfax Historic District
There is hereby created in the city an historic overlay district to be
known as the "Old Town Fairfax Historic District," the boundaries of
which are set forth on the city's official zoning map.
Sec. 26-207.11. · Approval req~ired for improvements.
No structure or improvement, including signs and significant
landscape features appurtenant to such structure or improvement,
located on any land within an historic district shall be erected,
reconstructed substantially altered or restored until the plans for
architectural features, signs and landscaping have been approved by
the BAR in accordance with the provisions of this article and Article
XVII. 1. The BAR shall confine its review and approval to only those
features which are subject to view from a public street, way or place.
The provisions of this article shall not apply to regular maintenance
of a structure, improvement or' site; however, an exterior color
change of a structure, or substantial portion thereof, shall be
deemed an alteration and not regular maintenance. The term "signs"
shall be deemed to include those located within a structure which
are plainly visible to motorists on adjacent streets.
See. 26-208.11 Waiver of req~trements
The BAR may, after hearing the evidence in any case involving
reconstruction or restoration, waive part or all of the requirements
of this article upon a written finding that the application involves
reconstruction or restoration only and will not materially affect the
exterior appearance of the structure involved. Such waiver shall
constitute a final decision of the BAR within the meaning of section
26-201.11 and shall be appealable.
Sec. 26-209.11 Permit req~lred for moving or demolition of
structures.
(a) No structure existing within an historic district on the date of
the adoption of this article shall be moved or demolished except in
accordance with a permit approved by the BAR. The BAR shall grant
such permit unless it finds that:
(1) The structure is of such architectural or historic signif-
icance that its removal would be detrimental to the public interest
or contrary to the purpose of this article; and,
(2) The structure is of such old and unusual or uncommon
design, texture and material that it could not be reproduced or
could be reproduced only with great difficulty; or
1990-12 -7
(3) Retention of the structure would help preserve and
protect an historic place or area of historic significance in the city;
or
(4) Retention of the structure would protect the general
welfare by maintaining and increasing real estate values, generating
business and employment, attracting new residents, as well as
tourists, students, writers, historians, artists and artisans,
encouraging study and interest in American or Virginia history,
stimulating interest and study in architecture and design, educating
citizens in American or Virginia culture and heritage, or making the
city a more attractive and desirable place in which to live.
(b) No request for a permit to move or demolish a structure located
in an historic district, which structure existed in the year 1900 or
prior thereto shall be considered by the BAR until the secretary has
caused to be prepared an advertisement stating the time, date and
place of the proposed hearing before the BAR, the location of the
property involved and the nature of the request; and further has
caused such advertisement to be published once a week for two (2)
successive weeks in a newspaper published or having general
circulation within the city, the last publication appearing not less
than six (6) days nor more than twenty-one (21) days before the
proposed hearing. Requests for such permits shall be made to the
secretary, together with a fee of sufficient amount to cover the costs
of such advertising.
Sec. 26-210.11 Demolition of structures if permit is denied.
In addition to the right of appeal set forth in Article XVII. 1, the
owner of any structure located in an historic district that was
erected after the year 1900 may demolish such structure, provided
that:
(a) The owner has applied to the BAR in accordance with the
provisions of this article and Article XVII. 1; and
(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 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 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 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 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 (1) year after the final decision of
the city council, but thereafter the owner may renew his request to
the governing body to approve the demolition of the structure. The
required time for offers to sell shall be as follows:
(1) Three (3) months when the offering price is less than
twenty-five thousand dollars ($25,000.00).
1990-12 -8
(2) Four (4) months when the offering price is twenty-five
thousand dollars ($25,000.00) or more, but less than forty thousand
dollars ($40,000.00).
(3) Five (5) months when the offering price is forty thousand
dollars ($40,000.00) or more, but less than fifty-five thousand
dollars ($55,000.00).
(4) Six (6) months when the offering price is fifty-five
thousand dollars ($55,000.00) or more, but less than seventy-five
thousand dollars ($75,000.00).
(5) Seven (7) months when the offering price is seventy-five
thousand dollars ($75,000.00) or more, but less than ninety
thousand dollars ($90,000.00).
(6) Twelve (12) months when the offering price is ninety
thousand dollars ($90,000.00) or more.
Sec. 26-211.11. Unsafe structures.
Nothing in this article shall be construed to be in conflict with
any provision of this Code which permits the razing of unsafe
structures.
Sec. 26-212.11. Site plan approval procedure.
Within an historic district, each erection, reconstruction and
alteration requiring site plan approval shall comply with the
procedures established in section 26-21; 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 agent with authority for
site plan approval.
In addition to the information, standards and improvements
required by sections 26-22 and 26-24, the following information
shall be provided with each application for site plan approval:
(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 located
within the historic district which is within one hundred (100) feet
on either side of the subject property.
Sec. 26-213.11. Design criteria.
(a) The BAR shall review applications and requests for permits filed
under this article for consistency with the following standards and
criteria:
(1) the proposed structure or improvement shall promote the
general welfare and protect the public health, safety and morals by
tending to maintain or augment the city tax base as a whole,
generating business activity, maintaining and creating employment
opportunity, preserving historical sites and structures, and making
the city a more attractive and desirable place in which to live.
1990-12 -9
(2) the proposed structure or improvement shall encourage
the stabilization, conservation and protection of the use and value of
neighboring structures, areas and open space.
(3) the proposed design, material, texture, color, lighting,
landscaping, dimension, line, mass, roof line and height of the
proposed structure or improvement shall harmonize with the
surrounding buildings and area.
(4) freestanding buildings shall use the same or architecturally
compatible materials, color, texture and treatment for all exterior
walls.
(5) the proposed combination of architectural elements
including design, line, mass, dimension, color, material, texture,
lighting, landscaping, roof line and height conform to accepted
architectural principles, as contrasted with engineering standards
designed to satisfy safety or functional requirements only, and
exhibit external characteristics of demonstrated architectural and
aesthetic durability.
(6) the orientation and location of the proposed structure or
improvement, and its relationship to open spaces and topography,
shall be harmonious with the surrounding buildings and area.
(7) the design of the proposed structure or improvement as
exhibited through its architectural elements shall not serve
primarily as an advertisement or commercial display, shall exhibit
exterior characteristics which are not likely to deteriorate rapidly,
shall not be plainly offensive to human sensibilities or otherwise
constitute a reasonable foreseeable detriment to the community.
(8) the design of any proposed signs and exterior lighting
shall be harmonious with the proposed structure or improvement
and with the surrounding buildings and area.
{9) the design of the proposed structure or improvement and
site shall provide for the safe and efficient movement of pedestrian
and vehicular traffic.
(10) the proposed structure or improvement shall serve to
promote the general welfare by maintaining or increasing real estate
values; generating business and employment; attracting new
residents, tourists, students, writers, historians, artists and artisans;
encouraging study and interest in American or Virginia history,
culture and heritage; stimulating interest and study in architecture
and design; or making the city a more attractive and desirable place
in which to live and work.
(b) the BAR shall not consider interior arrangement or features not
subject to any public view and shall not make any requirement
except for the purpose of preventing development obviously
incongruous to the old and historic aspect of the area.
Sec. 26-214.11. Historic overlay districts.
Structures and premises within historic overlay districts
(historic districts) as designated in section 26-206.11, shall be
subject to the provisions of this chapter, including the land use and
development regulations of the underlying zoning district, except to
1990-12 -10
the extent that such regulations are modified by the pr, ovisions of
the subsequent divisions of this article.
Division 2. Old Town Fairfax Historic District Regulations
Sec. 26-215.11. Permitted uses--By right and with special use
permit.
(a) All uses permitted by right and as permitted by special use
permit in the underlying zoning district.
(b) Inns shall be permitted by right, regardless of the underlying
zoning.
(c) The following additional uses shall be permitted where the
underlying zoning is RPD, PD, CPD, C l-L, C-1, C-2 or C-3:
(1) Single-family detached dwelling units shall be permitted
by right;
(2)
right;
Single-family attached dwelling units shall be permitted by
(3) Multi-family dwelling units shall be permitted by right.
(4) Fast-food restaurants may be permitted with a special use
permit issued by city council provided that:
Such establishment shall only be permitted in an
existing structure;
Such establishment shall not exceed two thousand
five hundred (2,500) square feet in gross floor area;
Such establishment shall have no drive-in window
and no delivery service;
The characteristics of such use and structure, if
altered, shall be congruous with the character and
purpose of the historic district in which they are
located.
Sec. 26-216.11. Bl~lk and lot area requirements.
(a) Lot area requirements:
(1) Minimum lot area: None.
(2) Minimum lot width: None
(b) Maximum building height: Thirty-five (35) feet, but not more
than three (3) stories above grade.
(c) Minimum yard requirements:
( 1 ) Front: The required front yard shall be the average of the
front yards of the lots located within said historic district within one
hundred (100) feet on either side of the subject parcel; however, a
minimum of ten (10) feet shall be provided.
1990-12 -11
(2) Side: No side yard is required except where the side yard
of property within said historic district abuts residentially zoned
property situated outside the district boundaries; in which case, the
minimum angle of bulk plan shall be forty-five (45) degrees and the
side yard shall be not less than twenty-five (25) feet.
(3) Rear: No rear yard is required; except where the rear yard
of the premises located within said historic district abuts
residentially zoned property situated outside of the district
boundaries; in which case, the minimum angle of bulk plane shall be
forty-five (45) degrees and the rear yard shall not be less than
twenty-five (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 26-103.1 after consideration of the
special design requirements and criteria set forth in section 26-
213.11; 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. 26-217.11. Special design req-irements.
Each structure or improvement erected, enlarged or
reconstructed in the Old Town Fairfax Historic District shall be
designed and constructed in a manner which will complement the
unique character and atmosphere of the district with respect to
building size, scale, placement, design and the use of materials.
Improvements within this district shall be subject to the review and
approval of the BAR for consistency with the aforementioned
standards, the City's Comprehensive Plan and the Community
Appearance Plan.
ARTICLE tv'II.3 OLD TOWN FAIRFAX TRANSITION
OVERLAY DISTRICT
Sec. 26-218.101. Purpose.
The Old Town Fairfax Transition Overlay District (hereafter
referred to as the district in this article) is established to encourage
a compatible mixture of residential, retail and office uses within the
designated transition area in a manner which complements the
scale, siting and design of the Old Town Fairfax Historic District.
Sec. 26-218.102. District boundaries.
There is hereby created in the city an overlay district to be
known as the "Old Town Fairfax Transition Overlay District," the
boundaries of which are set forth on the city's official zoning map.
See. 26-218.103. Approval req-ired for improvements.
No structure or improvement, including signs and significant
landscape features appurtenant to such structure or improvement,
1990-12 -12
located on land within the district shall be erected, reconstructed,
substantially altered or restored until the plans for architectural
features, signs and landscaping have been approved by the BAR in
accordance with the provisions of this article and Article XVII. 1.
The BAR shall confine its review and approval to only those features
which are subject to view from a public street, way or place. The
provisions of this article shall not apply to regular maintenance of a
structure, improvement or site; however, an exterior color change
of a structure, or substantial portion thereof, shall be deemed an
alteration and not regular maintenance. Further, the provisions of
this section shall not apply to single-family residences after such
residences have been initially erected. The term "signs" shall be
deemed to include those located within a structure which are
plainly visible to motorists on adjacent streets.
Sec. 26-218.104. District regulations.
Structures and premises located within the district 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 those regulations are modified by the provisions
of this article.
Sec. 26-218.105. Uses permitted.
Uses permitted by right and with a special use permit shall be
the same as the underlying zoning district except as modified
below.
(a) Inns shall be permitted by right, regardless of the underlying
zoning.
(b) The following additional uses shall be permitted by right where
the underlying zoning is RPD, PD, CPD, C1-L, C-1, C-2 or C-3:
(1) Single-family detached dwelling units
(2) Single-family attached dwelling units;
(3) Multi-family dwelling units;
Sec. 26-218.106. Bnlk and lot area requirements.
(a) Lot area requirement: (1) Minimum lot area: None
(2) Minimum lot width: None
(b) Maximum building height: No wall of any structure shall be
exposed more than forty-three (43) feet above the finished grade.
Decorative architectural elements not used for human habitation,
such as towers and spires, may extend an additional five (5) feet
above the maximum height specified above.
(c) Minimum yard requirements.
( 1 ) Front:
Interior lot: Ten (10) feet
Comer lot: Each structure shall be separated from
the right-of-way by a sidewalk at least ten (10) feet
in width. Notwithstanding the provisions of Sec. 26-
18, there shall be no additional requirements for
visual clearance.
1990-12 -13
(2) Side: No side yard shall be required, except
Where a side yard is provided, such yard shall be a
minimum of ten (10) feet.
Where the side yard of property located in the
district is contiguous to residentially zoned property
situated outside the district boundaries, then the
side yard shall be not less than twenty-five (25) feet
and screened in accordance with the provisions of
Article II Division 10 of this chapter.
(3) Rear: No rear yard shall be required except where
contiguous to residentially zoned property situated outside the
district boundaries, in which case the rear yard shall be not less
than twenty-five (25) feet and screened in accordance with the
provisions of Article II Division 10 of this chapter.
(d) Open space requirements: None
(e) Floor area ratio:
(1) The maximum floor area ratio within the district shall be
0.5, provided, however, that a structure having a minimum of thirty-
three (33) percent of the gross floor area permanently dedicated to
retail or residential use shall have a maximum floor area ratio of 1.0.
(2) If structured parking is provided on the lot appurtenant to
a permitted use, the total of the gross floor area of the building(s)
and the above-grade horizontal surface area of the structured
parking shall not exceed seventy (70) percent of the gross lot area;
provided, however, that such total shall not exceed one hundred
twenty (120) percent of the gross lot area if retail or residential uses
are accommodated as provided in subsection (1) above.
(f) Special exceptions: The city council may modify the
requirements of this section in accordance with the procedures and
limitations established in section 26-103.1 after consideration of the
special design requirements for the district established below;
provided, however, that prior to consideration by the city council,
each such request shall be forwarded to the Board of Architectural
Review for its recommendation.
Sec. 26-218.107. Special design requirements
Each structure or improvement erected or substantially altered
within the district shall be designed and constructed in a manner
which will complement the unique character of the Old Town
Fairfax Historic District with respect to building size, scale,
placement, design and use of materials. Improvements within the
district shall be subject to the review and approval of the Board of
Architectural Review for consistency with the aforementioned
standards, the city's Comprehensive Plan and Community
Appearance Plan.
Sec. 26-218.108. Moving and demolition pe~its req-ired.
No structure located within the district which is listed on the
National Register of Historic Places shall be moved or razed except
in accordance with the procedures and limitations established in
Article XVII.2.
1990-12 -14
ARTICLE XVIII. ARCHITECTURAL CONTROL OVERLAY DISTRICT
Sec. 26-218.109. Purpose.
The Architectural Control Overlay District is established to
encourage the construction of attractive buildings, to protect and
promote the general welfare and to prevent deterioration of the
appearance of the city which would tend to create hazards to public
health, safety and morals, destroy opportunity for the development
of business and industry, and thereby deteriorate taxable land values
and commerce below levels necessary to finance acceptable levels of
municipal services. In furtherance of these ends, this article:
(a) Provides for the designation of architectural control overlay
districts within the city; and
(b) Charges the board of architectural review with the regulation of
exterior architectural features and appearance of improvements,
including certain signs, as well as significant landscape features
associated with such improvements to be erected, reconstructed,
altered or restored in any such district; and
(c) Establishes criteria and references guidelines for approval of
such features.
Sec. 26-218.110. Designation of districts.
(a) The Architectural Control Overlay District is hereby designated
as all land in the city which is located outside an historic district
and zoned for other than single-family detached residences. In
addition, any lot, parcel or area of land within any area zoned for
single-family detached residences outside an historic district which
is used for other than single-family detached residences or which is
the subject of an application for a special use permit or building
permit involving any such other use shall be part of the Architectural
Control Overlay District. The provisions of this article shall not
apply to single-family attached residences after such residences
have been initially erected.
(b) The city council may enlarge, contract or alter the boundaries of
the Architectural Control Overlay District in such manner as it shall
deem fit, or create additional architectural control districts at such
time as the council deems such action to be in the public interest by
promoting the general welfare of the community as aforesaid.
Sec. 26-218.111. Approval req-ired for improvements.
No structure or improvement located on any land within the
Architectural Control Overlay District, including significant
landscape features appurtenant to such structure or improvement,
shall be erected, reconstructed, altered or restored until the plans
for the exterior architectural features and landscaping have been
approved by the BAR in accordance with the provisions of Article
XVII. 1. Plans for signs appurtenant to new and renovated shopping
centers shall also be subject to BAR approval. The BAR shall confine
its review and approval to only those features which are subject to
view from a public street, way or place. The provisions of this article
shall not apply to regular maintenance of a structure, improvement
1990-12 -15
or site; however, an exterior color change of a structure, or
substantial portion thereof, shall be deemed an alteration and not
regular maintenance.
Special provisions applicable to the Old Town Fairfax Transition
Overlay District, which comprises a portion of the Architectural
Control Overlay District, are contained in Article XVII.3. Within said
article, additional regulations applicable to that district are
established, including requirements for the the review of signage by
the BAR.
Sec. 26-218.112. District reg~_d~_tions.
Structures and premises located within the Architectural
Control Overlay District shall be subject to the regulations of the
underlying zoning district. This article establishes the procedures
and guidelines for architectural review within the district, and does
not otherwise modify use and development restrictions except as
provided in Article XVII.3.
Sec. 26-218.113. Waiver of req,,irements
The BAR may, after hearing the evidence in any case properly
before it involving reconstruction or restoration, waive part or all of
the requirements of this article upon a written finding that the
application involves reconstruction or restoration only and will not
materially affect the exterior appearance of the structure involved.
Sec. 26-218.114. Design criteria.
The BAR shall consider the criteria and standards contained in
subsections (1) through (8) of section 26-213.11(a), as well as
applicable standards and guidelines contained in the city's
Comprehensive Plan and Community Appearance Plan in its
deliberations on applications filed under this article. The BAR shall
not consider interior arrangement or features not subject to any
public view and shall not make any requirement except for the
purpose of ensuring development which will be consistent with the
purpose of this article and congruous with the existing and planned
development in the city.
Sec. 26-218.115. No specific architectural style to be req-ired.
The BAR shall not adopt or impose any specific architectural
style in the administration of this article."
BE ri' FURTHER ORDAINED that, notwithstanding provisions
contained herein to the contrary, the boundaries of the Old Town
Fairfax Historic District shall be as follows, until such boundaries are
amended in accordance with the provisions of Sec. 26- 206.11:
Beginning at a point north 16 degrees 15 minutes east, 150 feet and
north 73 degrees 45 minutes west, 206.43 feet from the northwest
corner of the intersection of North Street and West Street; thence
along the following courses and distances: South 73 degrees 45
minutes east, 1546.43 feet; south 16 degrees 15 minutes west,
1292.00 feet; north 73 degrees 45 minutes west, 1110.00 feet;
north 16 degrees 15 minutes east, 628.00 feet; north 73 degrees 45
minutes west, 380.00 feet; north 16 degrees 15 minutes east,
1990-12 -16
233.00 feet; north 65 degrees 39 minutes 44 seconds west, 84 feet
along the north right-of-way line of Route 236 to the southeast
comer of the Truro Church property, thence continuing along the
north right-of-way line of Route 236 north 65 degrees 39 minutes
44 seconds west, 306.34 feet to the southwest corner of the Truro
Church property; thence north 15 degrees 11 minutes 00 seconds
east, 177.21 feet to a point on the west boundary line of the Truro
Church property; thence north 25 degrees 08 minutes 43 seconds
east, 374.37 feet to the northwest corner of the Truro Church
Property; thence south 71 degrees 14 minutes 52 seconds east,
282.05 feet to the northeast comer of the Truro Church property;
thence south 17 degrees 37 minutes 03 seconds west, 158.02 feet
along the east property line of the Truro Church property to a point
on said property, said point being the point of beginning.
This ordinance shall become effective as provided by law.
Planning Commission Hearing:
City Council Hearing: April 24:
ADOPTED: ~a_~ 22, 1990
ATTEST:
March 12, 1990
1990