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19920623 1992-16ORDINANCE NO. 1992-16 AN ORDINANCE TO ADD SECTION 26-202 (c), DIVISION 1 ARTICLE XVIII, CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA TO ESTABLISH THE FAIRFAX PUBLIC SCHOOL HISTORIC DISTRICT AND TO ADD SECTIONS 26-209.5, 209.6, 209.7 and 26-209.8, DIVISION 3 ARTICLE XVIII TO ESTABLISH THE FAIRFAX PUBLIC SCHOOL HISTORIC DISTRICT REGULATIONS WHEREAS, the City seeks to protect against destruction of or encroachment upon historic areas; 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; and to promote the general welfare, education and recreational pleasure of the inhabitants of the City of Fairfax, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that Section 26-202(c) Division 1 Article XVIII of Chapter 26 of the Code of the City of Fairfax, Virginia is hereby added to read in its entirety as follows: "(c) Fairfax Public School Historic District. There is hereby created in the city an historic overlay district to be known as the "Fairfax Public School Historic District," the boundaries of which are set forth on the city's official zoning map." BE IT FURTHER ORDAINED that the Fairfax Public School Historic District is the property described as Tax Map Parcel 57-4-((2))-138B. BE IT STILL FURTHER ORDAINED that the remaining subsections of the Section 26-202 hereby amended shall continue to read as previously enacted. BE IT STILL FURTHER ORDAINED that a new Division 3 Article XVIII of Chapter 26 of the Code of the City of Fairfax, Virginia is hereby added to read in its entirety as follows: "Division 3. Fairfax Public School Historic District Regulations Sec. 26-209.5. 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, as modified by proffers. (b) All uses permitted by right and as permitted by special use permit in the Old Town Fairfax Transition Overlay District. (c) Museums and visitors centers shall be permitted by right. (d) The following accessory uses shall be permitted by right provided that the aggregate of all such uses shall be limited to a maximum of twenty (20) percent of the gross floor area of the existing structure: (1) Refreshment areas (2) Gift shops 1992-16 (e) Uses not permitted by the underlying zoning may be permitted with a temporary special use permit issued by city council, pursuant to the procedures and limitations set forth in Sec. 26-103, provided that: (1) (2) (3) Such use is sponsored by a nonprofit organization to promote tourism, economic development, or education; Such use will generate no cost to the city for necessary public services such as, but not limited to, traffic management, crowd control or litter disposal, unless waived by city council for good cause; The applicant submits to the zoning administrator for review and approval a plan containing sufficient information, as determined by the zoning administrator, to verify compliance with the requirements for a temporary use permit and other applicable City Code regulations and policies to ensure the public health, safety, and welfare. Such plan shall include the method and schedule of traffic management, crowd control and clean-up. Such plan is approved by the city council. If deemed necessary by city council, a bond may be required to ensure compliance with the plan. Sec. 26-209.6 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 and any existing overlay district, except to the extent that those regulations are modified by the provisions of this article. Where the provisions of this division conflict with any other provision of this chapter, the provisions of this division shall prevail. Sec. 26-209.7 Bulk and lot area requirements. (a) Bulk and lot area requirements shall be the same as those of the underlying zoning district, except as modified by the Old Town Fairfax Transitional Overlay District. (b) 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 procedures and limitations set forth for special use permits in Sec. 26-103 after consideration of the special design requirements and criteria set forth in Sec. 26-209.8; 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. 26-209.8. Special design requirements. Each structure or improvement erected, enlarged or reconstructed in the Fairfax Public School 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." -2 1992-16 The Zoning Administrator of the City is hereby directed to modify the Zoning Map to show the Fairfax Public School Historic Overlay District as described above and the Clerk of the Council is directed to transmit duly certified copies of this ordinance to the Zoning Administrator and the Planning Commission of this City as soon as possible. This ordinance shall become effective as provided by law. Planning Commission public hearing: [une 1, 1992 City Council public hearing: [une 23, 1992 Adopted: June 23, 1992 ~~-~Mayo~ Date Attest: -3 ~ty ~lerk