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19940426 1994-8ORDINANCE NO. 1994-8 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, SECTION 26-4, ARTICLE I; SECTION 26-138, ARTICLE IX; SECTION 26-149, ARTICLE X; SECTION 26-166, ARTICLE XII; AND SECTIONS 26-171 AND 26-172, ARTICLE XIII, REGARDING THE DEFINITIONS FOR RESTAURANTS, FAST FOOD RESTAURANTS, AND SPECIALTY FOOD ESTABLISHMENTS; SPECIALTY FOOD ESTABLISHMENTS AS A PERMITTED USE IN THE P-D, CPD, C-! AND C-2 ZONING DISTRICTS; AND SPECIALTY FOOD ESTABLISHMENTS WITH DELIVERY SERVICE BY SPECIAL USE PERMIT IN THE C-2 ZONING DISTRICT. WHEREAS, adoption of the proposed amendment 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 by the City Council of the City of Fairfax, Virginia, that Chapter 26 of the Code of the City of Fairfax, Virginia, Section 26-4, Article I; Section 26-138, Article IX; Section 26-149, Article X; Section 26-166, Article XII; and Sections 26-171 and 26-172, Article XIII, regarding the definitions for restaurants, fast food restaurants, and specialty food establishments; specialty food establishments as a permitted use in the P-D, CPD, C-1 and C-2 zoning districts; and specialty food establishments with delivery service by special use permit in the C-2 zoning district are hereby amended as follows: Section 26-4. Definitions Restaurant: A principal use where food or beverages are prepared, served and consumed primarily on the premises. In such an establishment, food or beverages are served to customers at the table or counter where the meal is to be consumed; nondisposable plates, containers and eating utensils are provided and customers are not expected to clear their tables or dispose of their trash. Notwithstanding the above, a cafeteria shall be deemed a restaurant if food or beverages are: (1) Generally consumed within the establishment; and (2) Served on nondisposable plates or containers and nondisposable eating utensils are provided. A restaurant may provide a carry-out service, provided that such service is clearly not the principal business of such establishment. This definition does not include fast- food restaurants, refreshment areas or specialty food establishments. Restaurant, fast food: An establishment which provides as a principal use the sale of food or beverages in a ready-to-consume state for consumption either within such establishment, within a motor vehicle, or off-premises, and the design or principal method of operation of which includes one or more of the following characteristics: (a) Food or beverages are served in edible containers or in paper, or other disposable containers, and eating utensils, if provided, are disposable. 1994-8 -2 Food or beverages are usually served over a general service counter for the customer to carry to seating within the restaurant, to a motor vehicle or off the premises. (c) Sixty (60) per cent or more of the gross floor area of the establishment is devoted to food preparation, storage and related activities and is not accessible to the general public. (d) Food or beverages are served to the occupants of a motor vehicle while seated therein such as through a drive-in window. This definition does not include retail grocery stores, convenience stores or other businesses selling food or beverages as a clearly accessory use or for off-premises preparation; or specialty food establishments, without drive-in windows, that generate less than seven hundred (700) average weekday vehicle trip ends. Specialty food establishment: A retail establishment, which may have seating for customer convenience, that specializes in the sale of a single food category (such as a bakery, coffee, ice cream or yogurt shop), has no drive-in window or delivery service and generates less than seven hundred (700) average weekday vehicle trip ends. ARTICLE IX. P-D PLANNED DEVELOPMENT DISTRICT Sec. 26-138. Permitted uses--By right (b) Commercial: (1) Office buildings. (2) Banks, savings and loan associations, and other financial institutions. (3) Retail establishments for the sale of works of art, art supplies, electrical goods and supplies, food and food products, furniture, decorator supplies, hardware, luggage and leather goods, optical goods, pets and pet supplies, garden supplies, electronics and phonograph equipment, books, tobacco, confections, drugs, jewelry, music, stationery, toys, newspapers and magazines, office supplies and equipment, medical supplies, clothing and dry goods, flowers and similar goods and products. (4) Establishments for the sale or repair or both of household appliances, musical instruments and sporting goods, not including sale or repair of major motorized equipment. (5) Barber shops and beauty parlors, shoe repair and polishing shops, tailor shops, laundromats and establishments for receiving and distributing articles for laundering or cleaning. (6) Cleaning and pressing establishments having not more than four pressing machines and one dry-cleaning unit, with a capacity not 1994-8 -3 exceeding fifty pounds using non-inflammable synthetic cleaning fluid and one shirt pressing unit. (7) (8) (9) (10) (11) (12) (13) (14) (15) Restaurants. Schools of special instruction not including public dance halls and riding schools. Private clubs and eleemosynary institutions. Schools of general instruction. Movie theaters and bowling alleys. Hotels and motels. Electric transformers and substations. Telephone repeater stations. Specialty food establishments. Sec. 26-149. ARTICLE X. CPD COMMERCIAL PLANNED DEVELOPMENT DISTRICT Permitted uses-By right. Commercial: (1) Office buildings; (2) Banks, savings and loan associations, and other financial institutions; (3) Retail establishments for the sale of works of art, art supplies, electrical goods and supplies, food and food products, furniture, decorator supplies, hardware, luggage and leather goods, optical goods, pets and pet supplies, garden supplies, electronics and phonograph equipment, books, tobacco, confections, drugs, jewelry, music stationery, toys, newspapers and magazines, office supplies and equipment, medical supplies, clothing and dry goods, flowers and similar goods and products; (4) Establishments for the sale or repair or both of household appliances, musical instruments and sporting goods, not including sale or repair of major motorized equipment; (5) Barbershops and beauty parlors, shoe repair and polishing shops, tailor shops, laundromats and establishments for receiving and distributing articles for laundering or cleaning; (6) Cleaning and pressing establishments having not more than four (4) pressing machines and one dry cleaning unit, with a capacity -4 1994-8 (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) not exceeding fifty (50) pounds using noninflammable synthetic cleaning fluid and one shirt pressing unit; Restaurants; fast-food restaurants meeting the criteria established in section 26-170(b); Schools of special instruction not including public dance halls and riding schools; Private clubs and eleemosynary institutions; Schools of general instruction; Movie theaters and bowling alleys; Hotels and motels; Electric transformers and substations; Telephone repeater stations; Hospitals for the treatment of human beings, nursing homes and funeral homes. Inns. Specialty food establishments. ARTICLE XII. C-1 OFFICE COMMERCIAL DISTRICT Section 26-166, Permitted uses-By right. (a) Co) (c) (d) (e) (f) (g) (h) (i) 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 particular trade taught is a permitted use. Municipal parking facilities. Ancillary amusement machine uses provided that no more than two (2) such machines shall be permitted. 1994-8 -5 (k) O) 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) Barbershop or beauty shop; (2) Florist; (3) Gift shop; (4) Display and sales of scientific, electronic or medical equipment of a type not customarily retailed to the general public; (5) Pharmacies or medical supply services; (6) Optical stores and services; (7) Newsstands; (8) Photographic and photocopy services; (9) Restaurants, refreshment areas and specialty food establishments; (10) Health clubs. Inns. ARTICLE XIII. C-2 RETAIL COMMERCIAL DISTRICT Section 26-171. Permitted uses-By right. (a) (b) (c) (d) (e) (0 (g) (h) ¢) Uses permitted by right in the C-1 Office Commercial District. Retail sales establishments. Personal service establishments. Pharmacies or medical supply services. Hotels and motels. Movie theaters. Restaurants and refreshment areas. 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. Specialty food establishments. 1994-8 -6 (j) (k) Catering service. 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. (a) 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. (1) 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) Establishments that meet the definition of specialty food establishments except that delivery service may be provided. This ordinance shall be effective as provided by law. Planning Commission hearing: City Council hearing: Adopted: March 28. 1994 April 26, 1994 April 26, 1994 ~ x"~ayor ATTEST: