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19911210 1991-35ORDINANCE NO. 1991-35 AN ORDINANCE TO AMEND ARTICLE I, ARTICLE II DIVISIONS 1 AND 5, ARTICLE III, ARTICLE IV AND ARTICLE ¥ AND TO CREATE ARTICLE II DIVISION 14 OF CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA TO AMEND REGULATIONS PERTAINING TO NONCONFORMING AND SUBSTANDARD RESIDENTIAL LOTS AND ACCESSORY STRUCTURES IN THE R-1, R-2 AND R-3 ZONING DISTRICTS. BE IT ORDAINED that Section 26-4, Article I, Chapter 26 of the Code of the City of Fairfax, Virginia is amended to replace the following definitions in their entirety: Dwelling unit: A building or portion thereof physically arranged so as to create an independent housekeeping establishment for occupancy by one family with toilet(s) and facilities for cooking and sleeping. Lot line, front: A street line which forms the boundary of a lot; or, in such case where a lot does not abut a street except at its driveway Cpipestem" lots), or is a through lot, the lot line facing the principal entrance of the main building shall be construed to be the front lot line. On a comer lot, there shall be deemed to be two front lot lines, each abutting a street. Porch: A projection from an outside wall of a dwelling covered by a roof with no side walls more than two (2) feet in height (other than the sides of the building to which the porch is attached). A porch which projects beyond a setback or building restriction line may be enclosed with mesh screening but shall not be enclosed with glass, jalousies, canvas, plastic or any solid material to a height exceeding two (2) feet. A porch shall not be used as living space or provided with heating or plumbing facilities if it extends into the setback. Yard, front: A yard extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. On a comer lot, each yard lying between the principal building and any street shall be deemed to be a front yard. The following improvements may be located in a front yard: (a) Landscaping and screening improvements; (b) Roof overhangs, eaves, bay windows or chimneys which do not extend more than three (3) feet into the yard; (c) Driving lanes complying with the requirements of section 26-39.2(e)(5); (d) Permitted signs; (e) Sidewalks and steps. 1991-35 -2 Yard, rear: A yard extending the full width between the principal dwelling and the rear lot line, and measured perpendicular to the building at the closest point to the rear lot line. A corner lot is deemed to have no rear yard and no rear lot line. Improvements permitted in front yards, as well as other improvements specifically permitted by this Chapter may be located in a rear yard. Yard, side: A yard extending from the front yard to the rear yard between the principal building and the side lot line, measured perpendicular to the building at the closest point to the side lot line. On a corner lot, the side yard shall be that yard extending from the front yard to the opposite side lot line, between the principal structure and the side lot line, measured perpendicular to the structure at the closest point to the side lot line. Improvements permitted in front yards, as well as other improvements specifically permitted by this Chapter may be permitted in a side yard. BE IT FURTHER ORDAINED that Section 26-4 is amended to delete the following definition: Accessory building: A subordinate building on the same lot with the main building, the use of which is incidental to that of the main building. BE IT FURTHER ORDAINED that Section 26-4 is amended to add the following definitions: Accessory structure: A subordinate structure detached from but located on the same lot with the principal structure, the use of which is incidental to that of the principal structure. An accessory structure to a principal dwelling unit may not be used as a dwelling unit. Nonconforming lot: A lot which lawfully existed prior to the adoption, revision, or amendment of this Chapter, but which fails by reason of such adoption, revision, or amendment to conform to the lot size requirements of the district in which it is located. BE IT STILL FURTHER ORDAINED that Section 26-13, Article II, Division 1, Chapter 26 is amended to read in its entirety as follows: Sec. 26-13. Ornamental features, bay windows, etc., as exceptions to setback or building restriction line. (a) Sills, cornices and similar ornamental features may project not exceeding eighteen (18) inches beyond any required setback or building restriction line, except as otherwise provided herein. (b) Bay windows, porches, stoops, covered entryways, awnings, canopies, balconies, decks raised above ground level, and similar features of a principal structure may project not exceeding three (3) feet beyond any required setback or building restriction line, except as otherwise provided herein. Any unroofed and completely unenclosed patio, terrace or deck with its floor no higher than that of the ground floor entry of the principal structure may extend into 1991-35 -3 any required side or rear yard, but not nearer than five (5) feet to any side or rear lot line. An unenclosed carport or porch may extend as much as three (3) feet into a required side yard, but not nearer than five (5) feet to any side or rear lot line. (c) No ornamental feature, bay window, stoop, covered entryway, awning, canopy or similar feature of an accessory structure shall project into required setback and building restriction lines applicable to accessory structures. BE IT STILL FURTHER ORDAINED that Section 26-31, Article H, Division 5 is amended to read in its entirety as follows: Sec. 26-31. Purpose of division. It is the intent of this division that nonconforming uses are generally inconsistent with the purpose of this Chapter, that they are recognized and permitted to continue only because they are antecedent to this Chapter, that they be restricted closely, and that although they may be continued, they shall not be enlarged or extended, except as otherwise qualified herein. BE IT STILL FURTHER ORDAINED that Section 26-31.1 is added to read in its entirety as follows: Sec. 26-31.1 Qualification of Nonconforming Uses. (a) Notwithstanding the definitions of "nonconforming building or use", "nonconforming lot" and "nonconforming location" in Sec. 26- 4, any legally existing single-family dwelling may be continued and enlarged, provided that the dwelling shall comply with all of the regulations of the zoning district in which located except for pre- existing deficiencies in the lot area, lot width and setbacks, and further provided that such dwelling would otherwise be a conforming use under the provisions of this Chapter except that it does not meet the lot area, lot width or setback requirements of the zoning district in which it is located. (b) If a single-family dwelling is destroyed or damaged by any casualty, it may be restored or reconstructed within two (2) years after the destruction or damage provided that the restoration or reconstruction shall not increase or extend the degree of nonconformity that existed prior to such damage. BE IT STILL FURTHER ORDAINED that a new Division 14, Article H, Sec. 26-104.1-4 is added to read in its entirety as follows: DIVISION 14. ARTICLE II ACCESSORY STRUCTURE PROVISIONS FOR THE R-l, R-2 AND R-3 ZONING DISTRICTS Sec. 26-104.1. Applicability Accessory structures shall be permitted in the R-1, R-2 and R-3 zoning districts, except as qualified below, but only in connection with, incidental to, and on the same lot with, a single- family dwelling. 1991-35 -4 Sec. 26-104.2. Permitted Accessory Structures Accessory structures include, but are not limited to, the following structures: (a) Antenna structures for private radio/television reception, as qualified by Sec. 26-12, and satellite dish antennas up to twelve (12) feet in diameter. (b) Play structures, not to exceed one hundred (100) square feet in area, measured around the perimeter of such structure. (c) Doghouses, runs, pens, rabbit hutches, cages and other similar structures for the housing of pets (as defined in Sec. 4-18), but not wild or exotic animals. Such structures shall not include kennels as defined in Sec. 26-4. (d) Detached, private garages and free-standing carports provided no such structure shall exceed twenty-five (25) percent of the gross floor area of the principal dwelling. (e) Gazebos and similar structures. (f) Signs, as permitted under Article II, Division 7 of this Chapter. (g) Statues, arbors, trellises, barbecue stoves, flagpoles and similar structures. (h) Storage structures, provided that no such structure shall exceed two hundred fifty (250) square feet in gross floor area. (i) Swimming pool, bathhouse, tennis, basketball or volleyball court, and other similar private outdoor recreation uses. Sec. 26-104.3. Use limitations of accessory structures. (a) No accessory structure shall be used unless the principal structure is occupied or used. (b) All accessory uses and structures shall comply with the use limitations applicable to the zoning district in which they are located. (c) The total lot coverage of all structures accessory to a single family detached or semi-detached dwelling shall not exceed thirty (30) percent of the combined area of the minimum required rear and side yards. (d) All accessory structures shall comply with the maximum height regulations applicable to the zoning district in which they are located, except as otherwise provided herein. Sec. 26-104.4. Location requirements for accessory structures. (a) If an accessory-type structure is attached to a principal structure by any wall or roof construction, it shall be deemed to be a part of the principal structure and shall comply in all respects 1991-35 -5 with the requirements of this Chapter applicable to a principal structure, except as otherwise provided herein. (b) Ground-supported antenna structures for private radio/television facilities under applicable Federal Communications Commission regulations are regulated by Sec. 26-12. (c) Satellite dish antennas shall be ground mounted and comply with all applicable height, bulk and setback requirements specified within the district regulations. All installations shall be located to prevent obstruction of the antenna's reception window from existing or potential permitted development on adjoining properties. All installations shall include screening located along the antenna's non-reception window axes and low-level ornamental landscaping along the reception window axes of the antenna's base. Such treatments shall completely enclose the antenna. (d) Signs shall be located in accordance with the provisions of Article II, Division 7 of this Chapter. (e) Doghouses, runs, pens, rabbit hutches, cages and other similar structures for the housing of dogs and other pets shall be located in accordance with the provisions set forth in Subsection (fl below, except in no instance shall a structure, run or pen for three (3) or more dogs be located closer than twenty (20) feet to any lot line. (f) The following regulations shall apply to the location of accessory structures: ( 1 ) The height of an accessory structure shall be considered as the vertical distance from the average elevation of the existing grade at the ground level of the structure to the level of the highest point of the structure. (2) No accessory structure or use, except a statue, basketball standard or flagpole, shall be located within any required front yard on any lot, except as otherwise provided herein. (3) An accessory structure which does not exceed eight (8) feet in height may be located no closer than five (5) feet from any side or rear lot line, except as otherwise provided herein. (4) An accessory structure which exceeds eight (8) feet in height shall not be located in any part of any minimum required side yard, except as otherwise provided herein. (5) An accessory structure which exceeds eight (8) feet in height shall be located no closer than a distance equal to its height from the rear lot line. (6) No accessory structure shall be located nearer than seven (7) feet from any other accessory or principal structure. BE IT STILL FURTHER ORDAINED that Article III, Section 26- 105(a) is amended to read in its entirety as follows: a. Single-family dwellings and their accessory structures. 1991-35 -6 BE IT STILL FURTHER ORDAINED that Section 26-108(b)(1) is amended to read in its entirety as follows: (1) Minimum lot area: Twenty thousand (20,000) square feet; provided that one single-family dwelling and accessory structures may be erected on any lot recorded prior to December 7, 1960 which contains at least seven thousand five hundred (7,500) square feet of area. BE IT STILL FURTHER ORDAINED that Section 26-108(c)(3) is added to read in its entirety as follows: (3) For lots recorded prior to December 7, 1960 with principal structures that encroach into the minimum required front yard, second-story additions shall be permitted over the existing building footprint provided that the addition conforms to all other provisions of the zoning district regulations. BE IT STILL FURTHER ORDAINED that Section 26-108(d)(3) is amended to read in its entirety as follows: (3) For any lot recorded prior to December 7, 1960, side setbacks may be reduced to twelve (12) feet. Further, for lots recorded prior to December 7, 1960 with a minimum lot width at the building restriction line less than one hundred (100) feet on an interior lot or less than one hundred twenty-five (125) feet on a comer lot, the side setback may be reduced three (3) inches for each foot of lot width less than the required lot width. However, in no case shall a single side yard setback be less than ten (10) feet, nor the sum of the two (2) side setbacks less than twenty-four (24) feet, except as otherwise provided herein. BE IT STILL FURTHER ORDAINED that Section 26-108(d)(4) is added to read in its entirety as follows: (4) For lots recorded prior to December 7, 1960 with principal structures that encroach into the minimum required side yard, second-story additions shall be permitted over the existing building footprint provided that the side yard shall not be less than five (5) feet and that the addition conforms to all other provisions of the zoning district regulations. BE IT STILL FURTHER ORDAINED that Article IV, Section 26- 109(a) is amended to read in its entirety as follows: a. Single-family dwellings and their accessory structures. BE IT STILL FURTHER ORDAINED that Section 26-112(b)(1) is amended to read in its entirety as fOllows: (1) Minimum lot area: Twelve thousand five hundred (12,500) square feet; provided that one (1) single-family dwelling and accessory structures may be erected on any lot recorded prior to December 7, 1960 which contains at least seven thousand five hundred (7,500) square feet of area. BE IT STILL FURTHER ORDAINED that Section 26-112(c)(3) is added to read in its entirety as follows: 1991-35 -7 (3) For lots recorded prior to December 7, 1960 with principal structures that encroach into the minimum required front yard, second-story additions shall be permitted over the existing building footprint provided that the addition conforms to all other provisions of the zoning district regulations. BE IT STILL FURTHER ORDAINED that Section 26-112(d)(3) is amended to read in its entirety as follows: (3) For any lot recorded prior to December 7, 1960, side setbacks may be reduced to twelve (12) feet. Further, for lots recorded prior to December 7, 1960 with a minimum lot width at the building restriction line less than ninety (90) feet on an interior lot or less than one hundred fifteen (115) feet on a corner lot, the side setback may be reduced three (3) inches for each foot of lot width less than the required lot width. However, in no case shall a single side yard setback be less than eight (8) feet, nor the sum of the two (2) side setbacks less than twenty (20) feet, except as otherwise provided herein. BE IT STILL FURTHER ORDAINED that Section 26-112(d)(4) is added to read in its entirety as follows: (4) For lots recorded prior to December 7, 1960 with principal structures that encroach into the minimum required side yard, second-story additions shall be permitted over the existing building footprint provided that the side yard shall not be less than five (5) feet and that the addition conforms to all other provisions of the zoning district regulations. BE IT STILL FURTHER ORDAINED that Section 26-113(a) and (b) are amended to read in their entirety as follows: a. Single-family dwellings and their accessory structures. b. Semi-detached dwellings and their accessory structures. BE IT STILL FURTHER ORDAINED that Article V, Section 26- 116(b)(1) is amended to read in its entirety as follows: (1) Minimum lot area: Ninety-five hundred (9,500) square feet; provided that one single-family or semi-detached dwelling and its accessory structures may be erected on any lot recorded prior to December 7, 1960 which contains at least six thousand (6,000) square feet of area. BE IT STILL FURTHER ORDAINED that Section 26-116(c)(3) is added to read in its entirety as follows: (3) For lots recorded prior to December 7, 1960 with principal structures that encroach into the minimum required front yard, second-story additions shall be permitted over the existing building footprint provided that the addition conforms to all other provisions of the zoning district regulations. BE IT STILL FURTHER ORDAINED that Section 26-116(d)(3) is amended to read in its entirety as follows: 1991-35 -8 (3) For any lot recorded prior to December 7, 1960, side setbacks may be reduced to twelve (12) feet. Further, for lots recorded prior to December 7, 1960 with a minimum lot width at the building restriction line less than seventy (70) feet on an interior lot or less than ninety-five (95) feet on a comer lot, the side setback may be reduced three (3) inches for each foot of lot width less than the required lot width. However, in no case shall a single side yard setback be less than eight (8) feet, except as otherwise provided herein. BE IT STILL FURTHER ORDAINED that Section 26-116(d)(4) and (5) are added to read in their entirety as follows: (4) For lots recorded prior to December 7, 1960 with principal structures that encroach into the minimum required side yard, second-story additions shall be permitted over the existing building footprint provided that the side yard shall not be less than five (5) feet and that the addition conforms to all other provisions of the zoning district regulations. (5) For semi-detached dwellings, the common or party wall shall be located on one side lot line and the other side yard setback and rear yard setback shall meet the requirements of Sec. 26-116(d)(1- 4). This Ordinance shall be effective as provided by law. HEARING BEFORE THE PLANNING COMMISSION: October 28, 1991 HEARING BEFORE THE CITY COUNCIL: December 10, 1991 ADOPTED: December 10, 1991 ATTEST: