19930126 1993-2ORDINANCE NO. 1993-2
AN ORDINANCE TO AMEND CHAPTER 26, TO MODIFY ARTICLE II TO
ADD SECTION 103.1, RENTAL OCCUPANCY PERMITS; TO MODIFY
ARTICLE III, R-l, RESIDENTIAL DISTRICT, SECTION 26-105, ARTICLE
IV, R-2, RESIDENTIAL DISTRICT, SECTION 26-109, ARTICLE V, R-3,
RESIDENTIAL DISTRICT, SECTION 26-113, ARTICLE VI, RT-6,
TOWNHOUSE DISTRICT, SECTION 26-117, AND ARTICLE VII, RT,
TOWNHOUSE DISTRICT, SECTION 26-123, TO DELETE RENTAL
OCCUPANCY REGULATIONS; TO MODIFY ARTICLE VIII, RM,
MULTIFAMILY DISTRICT, SECTION 26-131, ARTICLE IX, PLANNED
DEVELOPMENT DISTRICT, SECTION 26-138, ARTICLE IX.l, RPD,
RESIDENTIAL PLANNED DEVELOPMENT, SECTION 26-148.20, AND
ARTICLE X, CPD, COMMERCIAL PLANNED DEVELOPMENT
DISTRICT, SECTION 26-149, TO ADD RENTAL OF INDIVIDUAL
RESIDENTIAL DWELLINGS AS A BY-RIGHT USE.
WHEREAS, consolidating all individual residential rental properties
into the City's Residential Rental Permit program will contribute to the
conservation of properties and their values;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Fairfax, Virginia, that Article II, Division 13 of the Code of the City
of Fairfax, Virginia, is hereby amended to add Section 26-103.1 as follows:
ARTICLE II DIVISION 13 - SPECIAL PROVISIONS
Section 26-103.1. Rental Occupancy Permits
(a) Applicability.
The rental or leasing of residential dwelling units in the zoning
districts where permitted, except rental apartment houses, for
occupancy by person(s) who are not the owner(s) of such dwellings
shall be permitted only after the property owner has obtained a
certificate of occupancy for rental use, hereafter referred to as a
rental occupancy permit, from the zoning administrator.
(b) Application.
Applications for rental occupancy permits shall be filed with the
zoning administrator, on forms supplied for that purpose, and shall
include the following:
(1)
A statement by the property owner or manager certifying that
the occupants of the dwelling unit shall constitute a "family",
as defined in Section 26-4, and that the property complies with
all applicable state and local regulations, including specifically
the provisions of Chapters 5, 9, 11, 11.01, and 26 of the City
Code.
(2)
The name, home and business addresses, and telephone
numbers of the owner and the name, business address and
telephone number of any other person or agency responsible for
maintenance and supervision of the property.
1993-2 "'"""
(c)
(1)
(2)
(3)
(4)
(5)
(6)
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Administration and enforcement.
The violation of any provision of this chapter or failure to
maintain the property in accordance with applicable state and
local regulations shall constitute grounds for the revocation of
the rental occupancy permit by the zoning administrator.
The zoning administrator is authorized to inspect the property
or direct the inspection of the property by other city or county
officials, if he has reason to believe that the owner or occupants
of the property are in violation of the provisions of this chapter
or that the property does not comply with applicable state and
local regulations.
Upon determination of a violation, the zoning administrator
shall send written notice to the property owner and manager
with instructions to correct the violation within ten (10) days of
receipt of the notice. The zoning administrator may extend
this period for good cause following a written request by the
owner. If the violation has not been corrected within the ten
(10) day period or extension, the zoning administrator shall
issue a notice of revocation of the rental occupancy permit, the
revocation being effective thirty (30) days from receipt of the
notice by the property owner or manager.
Substantiated reports of conduct by the occUPants of a rented
dwelling or their guests in violation of any provision of Chapter
14 of the City Code on two (2) or more occasions within any six
(6)-month period shall also constitute grounds for the
revocation of the rental occupancy permit if the zoning
administrator determines that revocation is necessary to
protect the health, safety and welfare of the residents of the
neighborhood.
The zoning administrator shall send written notice to the
property owner and manager of each substantiated report.
Upon receipt of the second such notice within a six (6)-month
period, the property owner or manager shall submit a proposal
for assuring that such incidents will not continue on the
subject property. If the property owner and manager should
fail to submit a satisfactory proposal within ten (10) days of
receipt of such notice, the zoning administrator shall issue a
notice of revocation of the rental occupancy permit, the
revocation being effective thirty (30) days from receipt of the
notice by the property owner or manager.
Revocation by the zoning administrator of the rental occupancy
permit may be appealed to the board of zoning appeals in
accordance with the provision of section 26-222, et seq. of this
chapter. The board shall sustain the decision of the zoning
administrator unless it finds that the provisions of this section
have not been violated or that all violations have been
corrected and provisions made to assure future compliance (12-
7-60 Section 11: 12-17-74; 4-8-75; Ord. No. 1986-28, 6-24-86).
1993-2
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BE IT FURTHER ORDAINED that Article III, Section 26-105 is
amended as follows:
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 obtained a certificate of occupancy for rental
use from the zoning administrator pursuant to Section 26-
103.1.
BE IT FURTHER ORDAINED that Article IV, Section 26-109 is
hereby amended as follows:
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;
(b)
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.
BE IT FURTHER ORDAINED that Article V, Section 26-113 is
!hereby amended as follows:
ARTICLE V. R-3 RESIDENTIAL DISTRICT
Section 26-113. Permitted uses-By right.
1993-2
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The following uses are permitted by right:
(a) Single-family detached dwellings and their accessory
structures;
(b)
(c)
(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.
BE IT FURTHER ORDAINED that Article VI, Section 26-117 is
amended as follows:
ARTICLE VI. RT-6 TOWNHOUSE DISTRICT
The following uses are permitted by right:
(a) Townhouse dwelling units;
(b) Minor Home Occupations;
(c)
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.
BE IT FURTHER ORDAINED that Article VII, Section 26-123 is
hereby amended as follows:
ARTICLE VII. RT TOWNHOUSE DISTRICT
;ection 26-123. permitted uses--By right.
The following uses are permitted by right:
(a)
(b)
(c)
Townhouse dwelling units;
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
1993-2
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owner shall have obtained a certificate of occupancy for rental
use from the zoning administrator pursuant to Section 26-
103.1.
BE IT FURTHER ORDAINED that Article VIII, Section 26-131 is
hereby amended as follows:
ARTICLE VIII. RM MULTIFAMILY DISTRICT
Sec. 26-131. Permitted uses - B ri ht.
The following uses are permitted by right:
(a) Multifamily dwellings;
(b) Retirement homes;
(c) Single-family attached dwellings;
(d) Accessory recreational facilities;
(e) Minor home occupations. (Ord. No. 1989-50, 12-1289)
(f) Rental or leasing of residential dwellings, except rental
apartment houses, 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 uses from the zoning
administrator pursuant to Section 26-103.1
BE IT FURTHER ORDAINED that Article IX, Section 26-138 is
amended as follows:
ARTICLE IX. P-D PLANNED DEVELOPMENT DISTRICT
Sec. 26-138. Permitted uses--By right
The following uses are permitted by right:
(a) Residential:
(1)
Single-family detached dwellings and their accessory
buildings:
(2) Semi-detached dwellings:
(3) Townhouses:
(4) Minor home occupations.
19 3-2
llhereby
(5)
Rental or leasing of residential 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
BE IT FURTHER ORDAINED that Article IX.l, Section 26-148.20 is
amended as follows:
ARTICLE IX. 1 RPD RESIDENTIAL PLANNED DEVELOPMENT
The following uses are permitted by right, subject to the review and
approval specified in this article:
(a)
(b)
By right uses permitted iht he R-3 residential district;
Single-family attached dwellings, provided that each building
group shall contain no more than four (4) such dwellings. (Ord.
No. 1989-12, 3-29-89)
(c)
Rental or leasing of residential 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 103.1.
BE IT FURTHER ORDAINED that Article ×, Section 26-149 is
amended as follows:
ARTICLE X. CPD COMMERCIAL PLANNED DEVELOPMENT DISTRICT
Sec. 26-149. Permitted uses-By ri~.ht.
The following uses are permitted by right:
(a) Residential:
(1) Single-family dwellings:
(2) Semi-detached dwellings;
(3) Apartment and apartment houses;
(4) Townhouses.
(5)
Rental or leasing of residential dwellings, except rental
apartment houses, for occupancy by person(s) who are
not the owner(s), provided that the property owner shall
1993-2
have obtained a certificate of occupancy for rental use
from the zoning administrator pursuant to Section 26-
103.1
The ordinance shall become effective as provided by law.
ng Commission Hearing:_ November 23, 1992
City Council Hearing:_ January 26, 1993
ADOPTED: January 26, 1993
Date
City ~lerk0