19931012 1993-42Illll
ORDINANCE NO. 19 9 3- 4 2
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA, SECTIONS 26-103 AND 26-104,
DIVISION 13, ARTICLE II; SECTIONS 26-105 AND 26-106, ARTICLE III;
SECTIONS 26-109 AND 26-110, ARTICLE IV; SECTIONS 26-113 AND 26-
114, ARTICLE V; SECTIONS 26-166, 26-167 AND 26-168, ARTICLE XII;
SECTIONS 26-171 AND 26-172 AND 26-173, ARTICLE XIII; AND
SECTION 26-178, ARTICLE XIV, REGARDING ZONING MAP
AMENDMENTS AND SPECIAL USE PERMITS GENERALLY,
REVOCATION OF SUCH PERMITS, CRITERIA FOR APPROVAL OF
ZONING MAP AMENDMENTS, PERMITTED USES AND SPECIAL USE
PERMITS IN THE R-I, R-2, R-3, C-1 AND C-2 ZONING DISTRICTS,
AND BULK AND LOT AREA REQUIREMENTS IN THE C-2 AND C-3
ZONING DISTRICTS.
WHEREAS, adoption of the proposed amendments is in the interest of public
convenience, welfare and good zoning practices; and
WHEREAS, the proposed amendments will facilitate efficient review and
approval of land use applications and procedures;
NOW, THEREFORE, BE IT ORDAINED that Sections 26-103 and 26-104,
Division 13, Article II; Sections 26-105 and 26-106, Article III; Sections 26-109 and
26-110, Article IV; Sections 26-113 and 26-114, Article V; Sections 26-166, 26-167
and 26-168, Article XII; Sections 26-171 and 26-172 and 26-173, Article XIII; and
Section 26-178, Article XIV are hereby amended as follows:
Section 26-103. Zoning map amendments and special use permits.
Zoning map amendments may be approved only by city council as provided in
Article I. Special use permits required in any residential or planned development
zoning district, and as specified within each other district, may be approved only by
the city council. Special use permits required in any industrial zoning district, and as
specified in each other district, may be approved only by the board of zoning appeals.
A request for two (2) or more special use permits related to the same project, wherein
one or more of the special use permits requires City Council action may be approved
only by city council. Applications for zoning map amendments and special use
permits shall be processed and considered in accordance with the following
provisions:
(a)
Each Application for a special use permit shall be made to the zoning
administrator by the property owner, contract purchaser, lessee,
government official, department, board or bureau. At the time of
application, the applicant shall pay a fee in accordance with a schedule
established by the city council. Each application for a zoning map
amendment shall be made to the zoning administrator as provided for in
Section 26-5.
Co)
Each special use permit application shall be reviewed by staff and
scheduled for public hearing by city council or the board of zoning
appeals. A notice of the time and place of the public hearing shall be
published once a week for two (2) successive weeks in a newspaper
having general circulation in the city. The second notice shall be
1993-42
(c)
published not less than six (6) days nor more than twenty-one (21) days
before the date of the public hearing, and there shall be not less than
six (6) days between the first and second publications. At least ten (10)
days prior to the date of any such public hearing, the zoning
administrator shall post notice on the property, and shall give notice of
the public hearing by first class mall, provided, however, that the
director shall make affidavit that such mailings have been made and file
such affidavit with the papers in the case, to the owners of all property
abutting and immediately across the street from the subject property, at
least three (3) additional neighboring property owners, and the owner
of the subject property if the applicant is the lessee or contract
purchaser. In addition to the application fee, the applicant shall
reimburse the city for the cost of such notice. Public notice for zoning
map amendments shall be made as provided for in Section 26-5(b).
The city council may approve zoning map amendments and grant
special use permits and the board of zoning appeals may grant special
use permits only after considering:
(1)
Consistency with the comprehensive plan and other adopted city
goals and policies;
(2)
The size and shape of the lot on which the use is proposed;
(3) Vehicular and pedestrian traffic;
(4) Trip generation characteristics of the proposed use;
(5) Site design;
(6)
Lighting, noise, traffic, sight, smoke, dust, odor, vibration and
other factors which may affect the serenity of the neighborhood;
(7)
The safety and movement of vehicular traffic upon adjacent
streets;
(8) The safety and welfare of residents living in the area;
(9)
The location, height and design of buildings, walls, fences and
landscaping proposed;
(10)
Overall impact of the proposed use upon the development and
use of adjacent land;
(11) Safety and welfare of persons working in the neighborhood;
and
(12)
Harmony of the proposal with the general purpose and intent
of the applicable Article of the Zoning Ordinance; and
(13) The purposes of zoning ordinances set forth in section 15.1-489
of the Code of Virginia.
2
1993-42
(d) Special Use Permits
(1) The city council and board of zoning appeals may impose
conditions upon any special use permit including limitation on the duration of the
special use permit, as deemed necessary in the public interest to secure compliance
with the considerations in (c). Surety in a form acceptable to the City Attorney may
be required to insure compliance with the conditions. No occupancy permit shall be
issued for any special use until the applicant has complied with the conditions.
(2) A special use permit shall expire within twelve months of the
date of approval if either the use or any new proposed construction is not commenced
within such twelve-month time period.
(3) Unless otherwise specified in the permit or in this chapter, a
special use permit shall be valid for an indefinite period of time, except that if the
special use is discontinued for any reason for a continuous period of one (1) year, the
special use permit shall expire automatically and without notice.
(4) Any special use permit issued by the board of zoning appeals
shall be revocable by order of the board of zoning appeals, after the required notice
and hearing, if the board determines that there has not been compliance with the
terms or conditions of the permit.
(5) The city council may revoke any special use permit that it has
issued if it determines that the owner or operator has failed to maintain and conduct
the use in accordance with the requirements of law or has failed to observe any
conditions imposed on the special use. The city council shall give the permit holder
written notice of its intent to revoke the special use permit, and, if within ten (10)
days of receipt of the notice the permit holder submits a request for a hearing to the
City Clerk, the city council shall schedule a hearing, give the permit holder at least
ten (10) days written notice of the hearing date, and provide the permit holder with
the opportunity to be heard prior to deciding whether to revoke the permit.
(6) The provisions for revocation of special use permits shall not be
deemed to preclude any other legal remedy with respect to violations of the provisions
of the Zoning Ordinance or other laws.
ARTICLE III. R-1 RESIDENTIAL DISTRICT
Section 26-105. Permitted uses-By right.
The following uses are permitted by right:
(a) Single-family dwellings and their accessory structures;
(b) Agricultural use provided no animals may be kept within one hundred
(100) feet of any property line;
(c) Minor home occupations;
(d) Rental or leasing of single-family dwellings for occupancy by person(s)
who are not the owner(s), provided that the property owner shall have
3
1993-42
obtained a certificate of occupancy for rental use from the zoning
administrator pursuant to Section 26-103.1.
Section 26-106. Same - With special use permit.
The following uses are permitted with a special use permit issued by city
council in accordance with the provisions of Section 26-103:
(a)
(c)
(d)
(e)
(0
(g)
(h)
(i)
(J)
(k)
(1)
(m)
Churches;
Governmental use;
Golf courses;
Plant nurseries;
Hospitals for treatment of human beings
Nursing homes;
Electric transformers and substations;
Telephone repeater stations;
Clubhouses and grounds not conducted for gain, including swimming
pools;
Schools of general instruction and nursery schools complying with the
provisions of Division 9 of Article II;
Lodge halls;
Major home occupations;
Private tennis courts.
(n)
(o)
Cluster subdivisions
Bed and Breakfast, provided the following standards are met:
(1)
Locational Criteria: The use shall be permitted only on streets
designated in the Comprehensive Plan as arterial or collector, or
streets that are located within the Highway Corridor Overlay
District.
(2) Use criteria:
ao
No restaurant shall be permitted. Food service shall be
limited to breakfast and light fare for room guests and
their immediate family, friends or business associates
only.
The bed and breakfast shall be owner occupied and
managed.
A log recording the arrival and departure times of all
guests shall be maintained by the owner for inspection by
the City upon request.
(3) .Site development criteria:
ao
Off-street parking:
1. One parking space shall be provided for each
guest room.
2. The guest parking area shall not be located within
4
1993-42
o
the minimum required yards.
The parking area shall be screened from
residential properties adjacent to the parcel or
parcels upon which the bed and breakfast is
located by an opaque wooden, stone, brick or
vegetative screen that meets or exceeds the
requirements contained in Screen A, Section 26-
68 and approved by the Zoning Administrator.
The parking area shall be surfaced and maintained
with a dust-free, porous material. A preexisting
paved surface shall be permitted if approved by
the Director of Public Works as being in good
condition.
ARTICLE IV. R-2 RESIDENTIAL DISTRICT
Section 26-109. Permitted uses-By right.
The following uses are permitted by right:
(a) Single-family dwellings and their accessory structures;
Agricultural uses provided no animals may be kept within one hundred
(100) feet of any property line;
(c) Minor home occupations;
(d)
Rental or leasing of single-family dwellings for occupancy by person(s)
who are not the owner(s), provided that the property owner shall have
obtained a certificate of occupancy for rental use from the zoning
administrator pursuant to Section 26-103.1.
Section 26.110. Same - With special use permit.
The following uses are permitted with a special use permit issued by city
council in accordance with the provisions of Section 26-103:
(a)
(b)
(0
(d)
(e)
(0
(g)
(h)
(i)
·
(k)
(1)
Churches;
Governmental use;
Golf courses;
Plant nurseries;
Hospitals for treatment of human beings
Nursing homes;
Electric transformers and substations;
Telephone repeater stations;
Clubhouses and grounds not conducted for gain, including swimming
pools;
Schools of general instruction and nursery schools complying with the
provisions of Division 9 of Article II;
Ixxlge halls;
Major home occupations;
5
1993-42
(m)
(n)
(o)
(P)
Private tennis courts;
[Reserved];
Cluster subdivisions
Bed and Breakfast, provided the following standards are met:
(3)
(1)
(2)
Locational criteria: The use shall be permitted only on streets
designated in the Comprehensive Plan as arterial or collector, or
streets that are located within the Highway Corridor Overlay
District.
No restaurant shall be permitted. Food service shall be
limited to breakfast and light fare for room guests and
their immediate family, friends or business associates
only.
The bed and breakfast shall be owner occupied and
managed.
A log recording the arrival and departure times of all
guests shall be maintained by the owner for inspection by
the City upon request.
Site development criteria:
Off-street parking:
1. One parking space shall be provided for each
guest room.
2. The guest parking area shall not be located within
the minimum required yards.
3. The parking area shall be screened from
residential properties adjacent to the parcel or
parcels upon which the bed and breakfast is
located by an opaque wooden, stone, brick or
vegetative screen that meets or exceeds the
requirements contained in Screen A, Section 26-
68 and approved by the Zoning Administrator.
4. The parking area shall be surfaced and maintained
with a dust-free, porous material. A preexisting
paved surface shall be permitted if approved by
the Director of Public Works as being in good
condition.
ARTICLE V. R-3 RESIDENTIAL DISTRICT
Section 26-113. Permitted uses-By right.
The following uses are permitted by right:
(a) Single-family detached dwellings and their accessory structures;
6
1993-42
(d)
Semidetached dwellings and their accessory structures;
Minor home occupations;
Rental or leasing of single-family dwellings for occupancy by person(s)
who are not the owner(s), provided that the property owner shall have
obtained a certificate of occupancy for rental use from the zoning
administrator pursuant to Section 26-103.1.
Section 26-114. Same - With special use permit.
The following uses are permitted with a special use permit issued by city
council in accordance with the provisions of Section 26-103:
(a) Churches;
Governmental use;
(c) Golf courses;
(d) Plant nurseries;
(e) Hospitals for treatment of human beings
(0 Nursing homes;
(g) Electric transformers and substations;
(h) Telephone repeater stations;
(i) Clubhouses and grounds not conducted for gain, including swimming
pools;
(j) Schools of general instruction and nursery schools complying with the
provisions of Division 9 of Article II;
(k) Lodge halls;
(1) Major home occupations;
(m) Private tennis courts.
(n) [Reserved];
(o) Rooming houses;
(P) Eleemosynary institutions, subject to the following conditions:
(1)
(2)
(3)
(4)
Minimum lot area: Thirty-four thousand (34,000 square feet;
No encroachment into front, side and rear yard setbacks with
any parking or structures;
Maximum number of parking spaces permitted shall be no more
than ten (10), and all parking shall be provided off-street and
shall be screened in such a manner as to be unobtrusive to
adjacent uses;
The site shall have a common boundary on at least one side by
commercial or industrial zoning;
Cluster subdivisions
(r) Bed and Breakfast, provided the following standards are met:
(1)
Locational criteria: The use shall be permitted only on streets
designated in the Comprehensive Plan as arterial or collector, or
streets that are located within the Highway Corridor Overlay
District.
7
1993-42
(2)
(3)
Use criteria:
aJ
be
Co
No restaurant shall be permitted. Food service shall be
limited to breakfast and light fare for room guests and
their immediate family, friends or business associates
only.
The bed and breakfast shall be owner occupied and
managed.
A log recording the arrival and departure times of all
guests shall be maintained by the owner for inspection by
the citY upon request.
Site development criteria:
Off-street parking:
1. One parking space shall be provided for each
guest room.
2. The guest parking area shall not be located within
the minimum required yards.
3. The parking area shall be screened from
residential properties adjacent to the parcel or
parcels upon which the bed and breakfast is
located by an opaque wooden, stone, brick or
vegetative screen that meets or exceeds the
requirements contained in Screen A, Section 26-
68 and approved by the Zoning Administrator.
4. The parking area shall be surfaced and maintained
with a dust-free, porous material. A preexisting
paved surface shall be permitted if approved by
the Director of Public Works as being in good
condition.
ARTICLE XII. C-1 OFFICE COMMERCIAL DISTRICT
Section 26-166. Permitted uses-By right.
(a)
Co)
(c)
(d)
(e)
(0
(g)
(h)
Financial institutions without drive-in facilities.
Offices.
Churches, synagogues and other places of worship.
Funeral homes.
Hospitals.
Nursing home.
Medical and dental clinics.
Schools of special instruction, provided that the practice of the
1993-42
(i)
(k)
particular trade taught is a permitted use.
Municipal parking facilities.
Ancillary amusement machines.
The following accessory uses, provided that they are located completely
within an office building and the aggregate of all such uses does not
occupy more than twenty (20) percent of the gross floor area of the
office building;
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Inns.
Barbershop or beauty shop;
Florist;
Gift shop;
Display and sales of scientific, electronic or medical equipment
of a type not customarily retailed to the general public;
Pharmacies or medical supply services;
Optical stores and services;
Newsstands;
Photographic and photocopy services;
Restaurants, refreshment areas;
Health clubs.
Section 26-167. Same-With special use permit.
(a)
The following uses are permitted with a special use permit issued by
city council in accordance with the provisions of section 26-103:
(1) Dancing area within a restaurant, provided that:
The dancing area, together with any entertainment area,
does not exceed twenty-five (25) percent of the gross
floor area of the restaurant; and
The lot on which the restaurant is located is no closer
than two hundred (200) feet from residentially zoned
property measured from nearest property lines, unless
waived by city council;
Dancing shall be restricted to a dancing area which shall
be dearly demarcated and of a size proportionate to the
seating capacity of the restaurant.
l
1993-42
(b)
(2) Entertainment area within a restaurant, provided that:
The entertainment area, together with any dancing area,
does not exceed twenty-five (25) percent of the gross
floor area of the restaurant; and
be
The lot on which the entertainment area is located is no
closer than two hundred (200) feet from residentially
zoned property measured from nearest property lines,
unless waived by city council.
(3) Financial institutions with drive-in facilities.
The following uses are permitted with a special use permit issued by
city council in accordance with the provisions of section 26-103:
(1) Financial institutions with drive-in facilities.
The following uses are permitted with a special use permit issued by
the board of zoning appeals in accordance with the provisions of section
26-103:
(1)
(2)
(3)
(4)
(5)
Public utility facilities, excluding property yards.
Lodge halls, private clubs, public benefit associations.
Commercial tennis courts.
Television and radio stations without towers.
Nursery schools, schools of general instruction.
Section 26-168. Bulk and lot area requirements.
(0
Special exceptions. City council may, by special exception, modify the
requirements of this section except that the board of zoning appeals,
may by special exception, modify the minimum yard requirements of
section 26-168(c). In considering a request for a special exception, the
following provisions shall apply:
(1)
Special exceptions shall be granted only in accordance with the
procedures and limitations established for special use permits in
section 26-103.
(2)
Special exceptions shall be granted only if the applicant has
clearly demonstrated that, because of the topography of the land,
design of the building, location of the building on the lot,
perimeter screening, nature of the uses for which the building is
designed, and/or other factors, the requested modification of the
requirements of this section:
10
1993-42
ae
Will not result in a development which is
disproportionate to surrounding land uses in size, bulk,
or scale;
b. Will not adversely affect any nearby residential areas;
Will not overburden the community facilities existing or
available or result in the obstruction of light and air,
danger and congestion in transportation, or increased
danger from fire, flood, or other hazards;
de
Will not be contrary to the objectives specified in the
comprehensive plan.
(3)
Each application for a special exception shall be accomplished
by a conceptual development plan, prepared at a scale of not
less than one inch equals fifty (50) feet and, unless waived by
the zoning administrator, containing the following information:
a. Ix>cations and dimensions of lot lines and rights-of-way;
Locations and dimensions of all structures, driveways,
curb cuts, parking and loading spaces and aisles, and
median strip openings adjacent to the site;
Ce
Locations, types, and sizes of all on-site landscaping,
screening and buffering;
de
Sketch architectural elevations of each facade indicating
the height of the structures, architectural style, and
building materials.
(4)
Requests for the modification of the requirements of this section
may be granted in whole, granted in modified form, or denied
by the city council after considering the requisites listed above.
ARTICLE XIII. C-2 RETAIL COMMERCIAL DISTRICT
Section 26-170. Purpose and Intent.
This district is established to provide areas for office and general retail
establishments and uses accessory or complementary thereto.
Section 26-171. Permitted uses-By right.
(a) Uses permitted by right in the C-1 Office Commercial District.
(b) Retail sales establishments.
(c) Personal service establishments.
(d) Pharmacies or medical supply services.
(e) Hotels and motels.
11
1993-42
(f) Movie theaters.
(g) Restaurants and refreshment areas.
(h)
Fast-food restaurants which are located under the roof of a shopping
center, have no drive-in window and no delivery service. The total
gross floor area of all fast-food restaurants shall comprise no more than
twenty (20) per cent of the gross floor area of any shopping center.
(i)
Retail butcher, bakery, and similar establishments, with no delivery
service.
(j) Catering service.
(k)
Lumber and building supplies sales; electrical, heating, air
conditioning, plumbing or painting sales or service; provided that all
materials, equipment and vehicles are displayed or stored entirely in
buildings enclosed on all sides, or within walls, fences, or planting
which shield such items from public view.
Section 26-172. Same-With Special Use Permit.
(a)
The following uses are permitted with a special use permit issued by
city council in accordance with the provisions of section 26-103.
Uses permitted by special use permit issued by city council in
the C-l, Office Commercial District.
(2) Commercial parking facilities.
(3) Theaters other than movie theaters.
(4) Amusement arcades.
(5)
Retail butcher, bakery and similar establishments with delivery
service.
(6)
The enlargement, extension, reconstruction or structural
alteration of legally non-conforming motor vehicle sales, rental
and leasing establishments in the C-2 district may be authorized
by special use permit; provided, however, that any new
construction or extension of existing improvements shall
conform with the requirements of section 26-173, except to the
extent that those requirements may be modified by special
exception. The application for a special use permit shall be
accompanied by a conceptual development plan containing the
information specified in section 26-1770).
The following uses are permitted with a special use permit issued by
the board of zoning appeals in accordance with the provisions of section
26-103:
12
1993-42
Uses permitted by special use permit issued by the board of
zoning appeals in the C-l, Office Commercial District.
(2)
Carnivals, circuses and fairs limited to not more than two (2)
weeks duration.
(3) Veterinarian offices, animal hospitals.
(4) Commercial recreational uses.
(5) Convenience stores.
(6)
Minor repair of motor vehicles, provided that such business is
accessory to the principal use.
Section 26-173. Bulk and lot area requirements.
(0
Special exceptions. City council may, by special exception, modify the
requirements of this section except that the board of zoning appeals,
may by special exception, modify the minimum yard requirements of
section 26-173(c). In considering a request for a special exception, the
following provisions shall apply:
(1)
Special exceptions shall be granted only in accordance with the
procedures and limitations established for special use permits in
section 26-103.
(2)
Special exceptions shall be granted only if the applicant has
clearly demonstrated that, because of the topography of the land,
design of the building, location of the building on the lot,
perimeter screening, nature of the uses for which the building is
designed, and/or other factors, the requested modification of the
requirements of this section:
Will not result in a development which is
disproportionate to surrounding land uses in size, bulk,
or scale;
Will not adversely affect any nearby residential areas;
Will not overburden the community facilities existing or
available or result in the obstruction of light and air,
danger and congestion in transportation, or increased
danger from fire, flood, or other hazards;
Will not be contrary to the objectives specified in the
comprehensive plan.
(3)
Each application for a special exception shall be accompanied by
a conceptual development plan, prepared at a scale of not less
13
1993-42
(4)
than one inch equals fifty (50) feet and, unless waived by the
zoning administrator, containing the following information:
Locations and dimensions of lot lines and rights-of-way;
Locations and dimensions of all structures, driveways,
curb cuts, parking and loading spaces and aisles, and
median strip openings adjacent to the site;
Locations, types, and sizes of all on-site landscaping,
screening, and buffering;
Sketch architectural elevations of each facade indicating
the height of the structures, architectural style, and
building materials.
Requests for the modification of the requirements of this section
may be granted in whole, granted in modified form, or denied
by the city council after considering the requisites listed above.
ARTICLE XIV. C-3 GENERAL COMMERCIAL DISTRICT
Section 26-178. Bulk and lot requirements.
(0
Special exceptions. City council may, by special exception,
modify the requirements of this section except that the board of
zoning appeals may, by special exception, modify the minimum
yard requirements of section 26-178(c). In considering a
request for a special exception, the following provisions shall
apply:
(1)
Special exceptions shall be granted only in accordance with the
procedures and limitations established for special use permits in section
26-103.
(2)
Special exceptions shall be granted only if the applicant has clearly
demonstrated that, because of the topography of the land, design of the
building, location of the building on the lot, perimeter screening, nature
of the used for which the building is designed, and/or other factors, the
requested modification of the requirements of this section:
ae
Will not result in a development which is disproportionate to
surrounding land uses in size, bulk or scale.
b. Will not adversely affect any nearby residential areas.
Will not overburden the community facilities existing or
available or result in the obstruction of light and air, danger and
congestion in transportation, or increased danger from fire,
flood, or other hazards.
do
Will not be contrary to the objectives specified in the
comprehensive plan.
14
1993-42
(3)
Each application for a special exception shall be accompanied by a
conceptual development plan, prepared at a scale of not less than one
inch equals fifty (50) feet and, unless waived by the zoning
administrator, containing the following information:
a. Locations and dimensions of lot lines and rights-of-way.
Locations and dimensions of all structures, driveways, curb
cuts, parking and loading space and aisles, and median strip
openings adjacent to the site;
Locations, types, and sizes of all on-site landscaping, screening
and buffering;
Sketch architectural elevations of each facade indicating the
height of the structure, architectural style, and building
materials.
This ordinance shall be effective as provided by law.
Planning Commission hearing: September 13, 1993
City Council hearing: October ] 2, ] 993
Adopted: October 12~ 1993
Date
ATTEST:
C{~y Cl~k
15
mm