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19920428 1992-10ORDINANCE NO. 199~-10 AN ORDINANCE TO AMEND SECTIONS 26-39.1 (c), 26-39.3, 26-39.4 (a)(2), (a)(4) AND (b)(3)j, AND 26-39.7, DIVISION 6 ARTICLE II, CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA PERTAINING TO OFF- SITE PARKING, THE ESTABLISHMENT OF PARKING DISTRICTS, PARKING STANDARDS FOR USES LOCATED WITHIN PORTIONS OF OLD TOWN FAIRFAX, THE METHOD FOR ROUNDING FRACTIONAL SPACES, PARKING STANDARDS FOR MEDICAL USES, AND SPECIAL EXCEPTIONS; AND AMENDING SECTION 26-39.4 (b) BY ADDING A NEW SUBSECTION (5) PERTAINING TO PARKING REQUIREMENTS FOR SHOPPING CENTERS AND MULTIPLE USE STRUCTURES WHEREAS, the City seeks to encourage economic development activities that provide desirable employment and enlarge the tax base, to protect against destruction of or encroachment upon historic areas, to facilitate a convenient, attractive and harmonious community, and in general promote the health, safety and general welfare of the inhabitants of the City of Fairfax, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that Sections 26-39.1 (c), 26-39.3 and 26-39.4 (a)(2), (a)(4), (b)(3)j, Division 6 Article II of Chapter 26 of the Code of the City of Fairfax, Virginia are hereby amended to read in their entirety as follows: Sec. 26-39.1 General Provisions (c) Off-street parking shall be provided on the same parcel of land with the principal use, except as modified in Section 26-39.3. However, where all of the required parking cannot be physically located on the same parcel as the prindpal use, or if the public safety or convenience would be better served by the placement of the parking area on another parcel, then the zoning administrator may approve an off-site location for as much as fifteen (15) percent of the required parking for a use proposed to be established in an existing building, provided that: (1) Any such off-site parking shall be used exclusively as employee parking for the appurtenant use, and (2) Such parking area shall be located on property upon which the right to said use is established by ownership, easement, or similar recorded covenant or agreement, the form and content of which shall be approved by the city attorney to ensure the availability of such spaces for so long as the use shall exist. The property owner or his designated agent shall give written notice to the zoning administrator within two (2) working days of any permanent or temporary cessation of such right, and (3) Such parking area shall be located on property possessing the same or greater intensity zoning district designation as the principal use, and (4) Such parking area shall be located no farther than five hundred (500) feet from the principal building entrance and shall be accessible by a public sidewalk or other improved pedestrian accessway. The right of said use of such accessway, if not a public sidewalk, shall be established as set forth in subsection (2), and 1992-10 -2 (5) Such parking area shall be conveniently accessible without causing unreasonable hazard to pedestrian and vehicular traffic, traffic congestion or interference with safe and convenient access to other parking, and (6) Signage shall be provided at such parking location identifying the facility which it serves. No parking space thus provided shall be counted toward the required parking for any other business or use, and (7) The person seeking such reduction shall submit to the zoning administrator an approved site plan of the subject property together with such additional information deemed necessary by the zoning administrator and shall pay a fee in accordance with a schedule established by the city council. In addition, said person shall provide notice, by certified mail, to the owners of each property abutting or across the street from the subject property informing them that a request for off-site parking has been submitted and will be considered by the zoning administrator for approval not less than ten (10) working days after the mailing of such notice, and shall provide the certified mail receipts to the zoning administrator. If the property abutting or across the street from the subject property is of condominium ownership, then notification sent to the condominium association shall be sufficient to satisfy this provision. An action of the zoning administrator to approve or deny a request for off-site parking pursuant to this subsection may be appealed to the Board of Zoning Appeals pursuant to the procedural and substantive requirements of Sec. 26- 222 et seq. Sec. 26-39.3 Off street parking in Old Town Fairfax. Due to the unique patterns of development and parking characteristics of land uses located in portions of Old Town Fairfax (the combined area of the Old Town Fairfax Historic and Transition Overlay Districts), there is hereby established two parking districts within which the provisions contained in this section shall apply, notwithstanding any provision of this chapter to the contrary. (a) Parking District A shall consist of the area bounded on the west by Chain Bridge Road, on the east by East Street, on the north by North Street and on the south by Sager Avenue containing four (4) blocks, together with the area bounded on the north and west by North Street, on the east by Chain Bridge Road, and on the south by Main Street containing one (1) block. Within Parking District A, there shall be no off-street parking and loading requirements. (b) Parking District B shall consist of the area not included in Parking District A which area is located within the Old Town Fairfax Historic District, together with the area contained within the Old Town Fairfax Transition Overlay District. (1) Off-street parking spaces for uses located within Parking District B shall be provided in accordance with the following standards: 1992-10 -3 (2) (3) Financial institution: One space for every three hundred (300) square feet of gross floor area, plus stacking spaces for drive -in windows as prescribed in Section 26-39.4(b)(3)f. b. Office or office building: One space for every three hundred (300) square feet of gross floor area. Personal service establishment: One space for every three hundred (300) square feet of gross floor area, provided that no less than three (3) spaces shall be provided. do Restaurant: Restaurants located in Parking District B within five hundred (500) feet of a public parking lot or structure shall provide one space for every three hundred (300) square feet of gross floor area; all other restaurants shall provide parking as required by Section 26-39.4 (b). e. Retail sales establishment: One space for every three hundred (300) square feet of gross floor area. f. All other uses: As required by Section 26-39.4 (b). Seasonal outdoor dining areas that are appurtenant to restaurants or refreshment areas located in Parking District B shall require no parking in addition to the existing restaurant or refreshment area parking. However, such outdoor dining area shall not increase the seating capacity of the restaurant or refreshment area by more than twenty-five (25) percent, or seat more than twelve (12) persons, whichever is greater, without providing the requisite parking for the additional patrons as specified in this section and in Sec. 26-39.4 (b)(3)n. Off-site parking for uses located within Parking District B shall be permitted as specified in Section 26-39.1 (c), with the following modifications: a. The off-site parking may accommodate as much as fifty (50) percent of the required parking, and b. Such off-site parking shall not be limited to employee parking. Sec. 26-39.4 (a)(2) (a)(4) Required off-street parking area Where the calculation of parking area requirements results in a fraction of a space, the number of parking spaces required shall be the next highest integer if the resultant fraction is .5 or greater. No such additional increment shall be required if the resultant fraction is less than .5. The minimum parking required for multiple uses situated within the same structure or otherwise located on the same lot shall be the sum of the spaces required for each individual use, except as provided for in Sec. 26-39.4(b)(5). 1992-10 -4 (b)(3)j. Medical or dental office or clinic: One space for every two hundred (200) square feet of gross floor area; provided, however, that any such use proposed to be established in an office building that was constructed prior to August 27, 1985, or for which a site plan was approved on or before August 27, 1985, shall be required to provide only the amount of parking required prior to such date. BE IT FURTHER ORDAINED that Section 26-39.4 (b) is amended to add thereto a new subsection (5) to read as follows: (5) Shopping centers and multiple use developments: Shopping centers and multiple use developments shall provide off- street parking equivalent to the sum of the required parking of the individual uses located therein. For the purpose of this division, a multiple use development shall be the development of a parcel of land or building with two (2) or more different uses, including but not limited to residential, retail, restaurant or office uses. In conformance with the criteria listed below, the zoning administrator may permit up to a ten (10) percent reduction in the number of required off-street parking spaces in such development. The person seeking such reduction shall submit a parking study in a form acceptable to the zoning administrator that identifies the proposed uses to be located in such development and the parking generation characteristics thereof, and shall pay a fee in accordance with a schedule established by the city council. In addition, said person shall provide notice, by certified mail, to the owners of each property abutting or across the street from the subject property informing them that a request for such a reduction has been submitted and will be considered by the zoning administrator for approval not less than ten (10) working days after the mailing of such notice, and shall provide the certified mail receipts to the zoning administrator. If the property abutting or across the street from the subject property is of condominium ownership, then notification sent to the condominium association shall be sufficient to satisfy this provision. The zoning administrator shall not grant any reduction of required parking unless the applicant has made every reasonable effort to remove or reduce to the extent possible any parking-related nonconformities on the site, and the parking study indicates that: The uses within such development shall be of such a nature that major parking demands occur on different days of the week or during different hours and, because of alternative parking demands, parking spaces will be generally available for each use in accordance with the normally applicable standards, and Any reduction in required parking will not unreasonably increase the congestion on public streets, endanger the public safety, diminish or impair established property values in the surrounding area, or in any other respect impair the health, safety, comfort and welfare of the inhabitants of the City, and Any reduction of required parking granted under these provisions shall remain effective only so long as the total parking requirements applicable to all uses within the development do not exceed those existing at the time of granting the reduction. 1992-10 -5 Any increase in total off-street parking required by this division whether by virtue of a change of use or an increase in building capacity shall invalidate the reduction granted by the zoning administrator. An action of the zoning administrator to approve or deny a request for reduction of the required amount of parking pursuant to this subsection may be appealed to the Board of Zoning Appeals pursuant to the procedural and substantive requirements of Sec. 26- 222 et seq. BE IT FURTHER ORDAINED that Section 26-39.7 is amended to read in its entirety as follows: Sec. 26-39.7 Special Exceptions The city council may, by special exception, modify the requirements contained in this division in accordance with the procedures and limitations established for special use permits set forth in section 26-103. Special exceptions shall be subject to such conditions deemed necessary by city council to ensure compatibility with surrounding land uses and conditions. At the time of application for a special exception, the applicant shall submit all information deemed necessary by the zoning administrator to permit adequate review of the application. In addition to the requirements of Section 26-103, no such modification or waiver shall be granted until the applicant has dearly demonstrated that the request: (a) Will not result in increased traffic congestion or otherwise negatively impact existing traffic flow or pedestrian and vehicular safety, and (b) Will not be contrary to the objectives specified in the Comprehensive Plan, and (c) Is necessary to permit the reasonable use of the subject property, and (d) Will not adversely impact adjacent property or the surrounding area. BE IT FURTHER ORDAINED that the remaining subsections of the sections hereby amended shall continue to read as previously enacted. This ordinance shall become effective as provided by law. Planning Commission public hearing: March 9. City Council public hearing: APri I 28, 1992 Adopted: April 28, 1992 Attest: C Cl k 1992 ~~Mayo~ Date