19930608 1993-26ORDINANCE NO. 1993-26
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA TO CREATE A SPECIAL EXCEPTION PROCESS
AND ESTABLISH PROVISIONS FOR REDUCING MINIMUM YARD
REQUIREMENTS BASED ON ERROR IN BUILDING LOCATION FOR
RESIDENTIAL PROPERTIES; TO REVISE ARTICLE II, DMSION 14, ACCESSORY
STRUCTURES, CONCERNING LOCATION, HEIGHT AND SIZE REQUIREMENTS
FOR ACCESSORY STRUCTURES; AND TO MODIFY ARTICLES III, IV, AND V TO
PERMIT SPECIAL EXCEPTIONS IN THE R-I, R-2, AND R-3 RESIDENTIAL
DISTRICTS AND TO CLARIFY REGULATIONS REGARDING EXPANSION OF
SEMIDETACHED DWELLING UNITS.
BE IT ORDAINED that Section 26-13(b), Article II, Chapter 26 of the Code of the City of
Fairfax, Virginia is amended to read in its entirety as follows:
(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 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. An unenclosed porch may
extend as far as six (6) feet into a required front yard, but not closer than fifteen (15) feet to the
public right-of-way.
BE IT FURTHER ORDAINED that Section 26-103.2 is added to read in its entirety as follows:
26-103.2 Reduction in Minimum Yard Requirements in R-l, R-2 and R-3 Zoning Districts Based
on Error in Building Location
Notwithstanding any other provision of this Chapter, the Zoning Administrator may approve
a reduction in the minimum yard requirements where an existing or partially constructed
building does not comply with such requirements applicable when construction of such building
began, provided that:
(a) The Zoning Administrator determines that:
(1) The error does not exceed ten (10) percent of the minimum yard requirement; and
(2) The noncompliance occurred in good faith and through no fault of the property owner, or
was the result of an error in the location of the building subsequent to the issuance of a
building permit, if such was required; and
(3) Such reduction will not be detrimental to the use and enjoyment of other property in the
immediate vicinity or result in unsafe conditions; an
(4) To enforce compliance with the minimum yard requirements would cause unreasonable
hardship upon the owner; and
(5) The reduction will not result in an increase in density or floor area ratio from that
permitted by the applicable zoning district regulations.
(b) In approving such a reduction, the Zoning Administrator shall allow only a reduction
necessary to provide the requested relief, and may prescribe such conditions, including but not
limited to landscaping and screening measures, to mitigate any negative impacts of the
reduction.
(c) Upon the issuance of written approval of a reduction for a particular building in accordance
with the provisions of this Section, the same shall be deemed to be a lawful building.
BE IT STILL FURTHER ORDAINED that Section 26-103.3 is added to read in its entirety as
follows:
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26-103.3 Special Exceptions.
The Board of Zoning Appeals may, by special exception, modify the minimum yard and
building setback requirements contained in Article II, Division 14, Article III, Article IV and
Article V, in accordance with the following provisions:
(a) Application shall be made to the Zoning Administrator by the property owner or contract
purchaser. At the time of application, the applicant shall pay a fee in accordance with a
schedule established by the City Council.
(b) The applicant shall submit all information deemed necessary by the Zoning Administrator
to permit adequate review of the application.
(c) The Zoning Administrator shall review the proposed application and determine if a
special exception is necessary to permit reasonable opportunity to improve the subject property.
(d) Upon determination by the Zoning Administrator that a special exception is necessary, the
application shall be processed and scheduled for public hearing by the Board of Zoning
Appeals as set forth in Sec. 26-103(b).
(e) The Board of Zoning Appeals may grant a special exception only after determining that the
application meets the following criteria:
1. The site for the proposed use is adequate in size and shape, and the proposed use will not
negatively affect adjacent property or the surrounding area; and
2. The special exception will not be inconsistent with the objectives specified in the
Comprehensive Plan; and
3. The applicant has demonstrated that the requirements of this chapter are unreasonable
or impractical due to unusual building design, lot shape or mature vegetation; or there are
practical siting constraints where original placement of the dwelling on the lot prohibits
reasonable improvements that meet existing requirements; and
4. The proposed structural modifications meet sound residential design objectives to:
a. Minimize loss of privacy on neighboring properties; and
b. Maximize image of quality residential development to the street frontage; and
c. Maximize window area fi.om living rooms, dining rooms, kitchens, dens and
family rooms facing the street, within the context of the existing building design; and
d. Avoid reduction of light and air to neighboring properties; and
e. Minimize development of front yard areas as driveways.
Board of Zoning Appeals may impose conditions upon any special exception as deemed
necessary in the public interest to secure compliance with the considerations in this section
BE IT STILL FURTHER ORDAINED that Sec. 26-104.2 is amended to read in its entirety as
follows:
26-104.2 Permitted accessory structures.
(b)
Play structures not to exceed one hundred (100) square feet in area, measured around the
perimeter of such structure. For the purposes of this chapter, swing sets shall not be
subject to setback/minimum yard requirements.
BE IT STILL FURTHER ORDAINED that Section 26-104.2(d) is amended to read in its entirety
as follows:
(d) Detached, private garages and freestanding carports, provided that the footprint area
of no such structure shall exceed fifty (50) per cent of the footprint area of the principal
dwelling. For the purposes of this section, footprint is the physical space, measured on a
horizontal plane at mean ground level, occupied by an accessory structure or principal dwelling
(excluding uncovered porches, terraces, and steps).
BE IT STILL FURTHER ORDAINED that Sec. 26-104.2(g) is deleted in its entirety.
BE IT STILL FURTHER ORDAINED that Sec. 26-104.4(f)(3) is amended to read in its entirety
as follows:
1993-26
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(3)
An accessory structure which does not exceed eight (8) feet six (6) inches in height may
be located no closer than five (5) feet from any side or rear lot line, except as otherwise
qualified herein. Detached, residential one-story garages or storage structures, with
side walls not exceeding eight (8) feet six (6) inches in height and overall height
measured from the grade of the garage floor to the highest roof point not exceeding
twelve (12) feet in height, may be located no closer than five (5) feet from any side or
rear lot line. Small one-story storage structures not exceeding eighty (80) square feet in
area, and not exceeding eight (8) feet six (6) inches in height, and with foundation, if
any, not exceeding four (4) inches thick may be located in any part of any rear yard
behind the rear wall of the principal dwelling unit.
BE IT STILL FURTHER ORDAINED that Sec. 26-104.4(f)(4) is amended to read in its entirety
as follows:
(4) An accessory structure which exceeds eight (8) feet six (6) inches in height shall not be
located in any part of any minimum required side yard, except as otherwise provided herein.
BE IT STILL FURTHER ORDAINED that Sec. 26-104.4(f)(5) is amended to read in its entirety
as follows:
(5) An accessory structure which exceeds eight (8) feet six (6) inches in height shall be
located no closer than a distance equal to its height to the rear lot line, except as otherwise
provided herein.
BE IT STILL FURTHER ORDAINED that Sec. 26-104.5 is added to read in its entirety as
follows:
Sec. 26-104.5 Special exceptions.
The Board of Zoning Appeals may, by special exception, modify the minimum yard and
building setback requirements contained in this division in accordance with the provisions in
Section 26-103.3.
BE IT STILL FURTHER ORDAINED that Sec. 26-108.1 is added to read in its entirety as
follows:
Sec. 26-108.1 Special exceptions.
The Board of Zoning Appeals may, by special exception, modify the minimum yard and
building setback requirements contained in this division in accordance with the provisions in
Section 26-103.3.
BE IT STILL FURTHER ORDAINED that Sec. 26-112.1 is added to read in its entirety as
follows:
Sec. 26-112.1 Special exceptions.
The Board of Zoning Appeals may, by special exception, modify the minimum yard and
building setback requirements contained in this division in accordance with the provisions in
Section 26-103.3.
BE IT STILL FURTHER ORDAINED that Sec. 26-116(d)(5) is amended to read in its entirety as
follows:
The common or party wall for semi-detached houses 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)
through (4). Simultaneous expansion of semi-detached houses with a common or party wall
along the shared lot line shall be permitted; however, expansion of one unit only shall be
subject to the minimum side yard setbacks as required in Sec. 26-116(d)(1),(3) and (4) on both
side lot lines.
BE IT STILL FURTHER ORDAINED that Sec. 26-116.1 is added to read in its entirety as
follows:
Sec. 26-116.1 Special exceptions.
1993-26
the Board of Zoning Appeals may, by special exception, modify the minimum yard and
building setback requirements contained in this article in accordance with the provisions in
Section 26-103.3.
This ordinance shall be effective as provided by law.
HEARING BEFORE THE PLANNING COMMISSION:
~G BEFORE THE CITY COUNC1L: Or, ne 8,
March
1993
1993
ADOPTE~.. June 8, 1993
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~TTEST: