19940426 1994-7ORDINANCE NO. 1994-7
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA, SECTION 26-4, ARTICLE I; SECTION
26-105, ARTICLE III; SECTION 26-109, ARTICLE IV; SECTION 26-113,
ARTICLE V; SECTION 26-117, ARTICLE VI; SECTION 26-123, ARTICLE
VII; SECTION 26-131, ARTICLE VIII; SECTION 26-138, ARTICLE IX;
SECTION 26-148.20, ARTICLE IX.I; SECTION 26-149, ARTICLE X; AND
SECTION 26-166, ARTICLE XII, REGARDING THE DEFINITIONS FOR
GOVERNMENTAL USE, MAJOR HOME OCCUPATIONS, MINOR HOME
OCCUPATIONS, HOME TELECOMMUTING AND SATELLITE
TELECOMMUTING CENTER; HOME TELECOMMUTING AS A
PERMIT'FED USE IN THE R-l, R-2, R-3, RT-6, RT, RM, P-D, RPD AND
CPD ZONING DISTRICTS; SATELLITE TELECOMMUTING CENTER AS
A PERMITTED USE IN THE P-D, CPD AND C-1 ZONING DISTRICTS;
AND GOVERNMENTAL USE AS A PERMITTED USE IN THE C-1
ZONING DISTRICT.
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 by the City Council of the City of
Fairfax, Virginia, that Section 26-4, Article I; Section 26-105, Article III; Section 26-
109, Article IV; Section 26-113, Article V; Section 26-117, Article VI; Section 26-
123, Article VII; Section 26-131, Article VIII; Section 26-138, Article IX; Section
26-148.20, Article IX.l; Section 26-149, Article X; and Section 26-166, Article XII
are hereby amended as follows:
Section 26-4. Definitions.
Major home occupation: The use of an area located within a single-family residence
as offices by a physician, duly licensed practitioner of behavioral sciences, dentist,
architect, lawyer, engineer, management consultant, real estate appraiser or broker,
insurance agent, or similar professional person. Such uses shall be subject to the
following restrictions:
(a)
The use shall be conducted entirely within a dwelling unit which is the
bona fide primary residence of the professional person and in which he
or she does in fact reside during non-business hours; and the use shall
comprise no more than twenty-five (25) percent of the gross floor area
of the principal dwelling, excluding attached garages.
The professional person shall engage no more than two employees in
the occupation on the premises;
(c)
There shall be no display of goods, tools, equipment, commercial
vehicles, or advertising other than a single non-illuminated sign not
exceeding one square foot in area.
The term "major home occupations" shall exclude any funeral home, kennel,
veterinary office, animal hospital, nursery school and any establishment in which
goods are offered for sale.
1994-7 -2
Minor home occupation: The use of an area located within a single family dwelling
unit for business or commercial purposes, with the exception of home telecommuting
for an employer located elsewhere, by a person for whom the dwelling unit is the
primary residence and in which he or she does actually reside during non-business
hours. Minor home occupations are subject to the following restrictions:
(a) No person other than a member of the family residing on the premises
is engaged in the occupation;
(b) There shall be no visible evidence (including signs of any size) of the
minor home occupation in the outside appearance of the premises;
(c) The minor home occupation shall generate no greater volume of traffic
than would normally be expected from a single family residence;
(d) The business or commercial use shall not generate any need for parking
spaces; and
(e) No equipment shall be used other than that normally used for domestic,
hobby, household or small office purposes in a single family residence.
Any of the occupations listed under the definition of "major home occupation" may
qualify as a minor home occupation provided that the proposed use meets the criteria
listed above. The term "minor home occupation" shall not include any funeral home,
kennel, veterinarian office, animal hospital, nursery school, motor vehicle repair
establishment, or establishment in which goods are offered for sale.
Telecommuting, home: The use of a room within a residential dwelling unit by a
person for whom the dwelling unit is the primary residence, and where there is no
exterior visible evidence of the activity, to engage in work on behalf of an employer
located elsewhere.
Telecommuting, satellite center: A local office established to facilitate the
performance of office work for more than one local employee of an employer or
employers located elsewhere, which facilitates electronic communications between
employees and employers.
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;
(e) Home telecommuting.
1994-7 -3
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;
Co) 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;
(e) Home telecommufing.
ARTICLE V. R-3 RESIDENTIAL DISTRICT
Section 26-113. Permitted uses-By right.
The following uses are permitted by right:
(a) Single-family dwellings and their accessory structures;
Co) 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;
(e) Home telecommuting.
ARTICLE VI. RT-6 TOWNHOUSE DISTRICT
Section 26-117. Permitted uses-By right.
The following uses are permitted by right:
(a) Townhouse dwelling units;
Co) 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;
(d) Home telecommuting.
1994-7 -4
ARTICLE VII. RT TOWNHOUSE DISTRICT
Section 26-123. Permitted uses-By fight.
The following uses are permitted by fight:
(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;
(d) Home telecommufing.
Section 26-131.
The following uses are permitted by fight:
(a)
Co)
(c)
(d)
(e)
(0
(g)
ARTICLE VIII. RM MULTIFAMILY DISTRICT
Permitted uses-By fight.
Multifamily dwellings;
Retirement homes;
Single-family attached dwellings;
Accessory recreational facilities;
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;
Home telecommuting.
ARTICLE IX. P-D PLANNED DEVELOPMENT DISTRICT
Section 26-138. Permitted uses-By fight.
The following uses are permitted by fight:
(a) Residential:
(1) Single-family detached dwellings and their accessory buildings;
(2) Semi-detached dwellings;
1994-7
-5
(b)
(3) Townhouses;
(4) Minor home occupations;
(5)
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;
(6) Home telecommuting
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
exceeding fifty pounds using non-inflammable synthetic cleaning
fluid and one shirt pressing unit.
(7) Restaurants.
(8)
Schools of special instruction not including public dance halls
and riding schools.
(9) Private clubs and eleemosynary institutions.
(10) Schools of general instruction.
(11) Movie theaters and bowling alleys.
(12) Hotels and motels.
(13) Electric transformers and substations.
(14) Telephone repeater stations.
1994-7 -6
(15)
(c) Other:
(1)
(2)
Satellite telecommuting center.
Churches;
Governmental use, excluding property yards and repair
facilities.
ARTICLE IX. 1 RPD RESIDENTIAL PLANNED DEVELOPMENT
Sec. 26-148.20. Permitted--By fight.
The following uses are permitted by fight, subject to the review and approval
specified in this article:
(a) By fight uses permitted in the R-3 residential district;
(b) Single-family attached dwellings, provided that each building group
shall contain no more than four (4) such dwellings
(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;
(d) Home telecommuting.
ARTICLE X. CPD COMMERCIAL PLANNED DEVELOPMENT DISTRICT
Section 26-149. Permitted uses-By fight.
The following uses are permitted by fight:
(a) Residential:
Co)
(1)
(2)
(3)
(4)
(5)
(6)
Commercial:
(1)
Single-family dwellings;
Semi-detached dwellings;
Apartment and apartment houses;
Townhouses;
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.
Home telecommuting.
Office buildings:
1994-7 -7
(c)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(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
not exceeding fifty (50) pounds using noninflammable synthetic
cleaning fluid and one shirt pressing unit;
(7) Restaurants; fast-food restaurants meeting the criteria established
in section 26-170(b);
(8) 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;
(16) Inns
(17) Satellite telecommuting center.
Other:
(1)
(2)
Churches;
Governmental use, excluding property yards and repair
facilities.
1994-7 -8
Section 26-166. Permitted uses-By right.
(a)
Co)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
ARTICLE XII. C-1 OFFICE COMMERCIAL DISTRICT
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.
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)
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.
(1) Inns.
1994-7
(m) Satellite telecommuting center.
(n) Governmental use, excluding property yards and repair facilities.
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
-9