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19980922 1998-31ORDINANCE NO. 1998- 31 AN ORDINANCE TO AMEND CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX TO MODIFY ARTICLE XVII TO PROVIDE FOR ADMINISTRATIVE REVIEW OF MINOR ARCHITECTURAL IMPROVEMENTS AND LANDSCAPING WHEREAS, review of many minor architectural features and landscaping are of a routine nature; and WHEREAS, administrative review of proposed minor architectural improvements and landscaping would expedite applications, contributing to a positive economic development atmosphere; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Sec. 26-197, Article XVII, Board of Architectural Review, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: Sec. 26-197. Powers and duties. The BAR shall have the following powers and duties: (a) To review and decide any application requesting approval for moving, demolition, construction, reconstruction, alteration or restoration of any structure, improvement or si~ificant landscape feature within an historic district. To review and decide any application requesting approval for exterior architectural features of any structure, improvement or si~ificant landscape feature associated with such structure or improvement to be erected, reconstructed or substantially altered in an architectural control district. (c) To review and decide any application for approval or request for permits for signs to be erected, altered, reconstructed or restored in an historic district, the Old Town Fairfax Transition Overlay District, and as provided elsewhere in the Architectural Control District. (d) To render such other decisions and recommendations as provided elsewhere in this chapter. (e) For the purposes of Article XVII (Board of Architectural Review) and Articles XVIII (Historic Overlay Districts), XIX (Old Town Fairfax Transition Overlay District), and Article XX (Architectural Control Overlay District), the terms "erected, .... constructed," "reconstructed", "restored," "construction, .... alteration, .... exterior architectural features, .... structure," "improvement, ....features appurtenant to such structure or improvement," "architectural features, .... appearance of improvements," "restoration," "reconstruction, .... siLmificant landscape feature, .... significant landscape improvement," and "substantially altered" shall not include the following minor actions, and similar actions which, in the opinion of the Director, will have no more effect on the character of the district than those listed, which are deemed to result in only minor effect on the character of the architectural control or historic district: Addition or modification of doorways, ramps, walk'ways, shutters, porches, railings and similar features. 2. Addition or removal of awnings. o Landscaping involving the planting of grass, trees or shrubs, minor grading, walks, low retaining walls, fencing, street furniture, outdoor 1998-31 -2 seating areas, small fountains, ponds and the like, which will not substantially affect the character of the property and its surroundings. Addition or modification of antennas, satellite dishes or other communications devices, skylights or similar appurtenances. Addition or modification of screening for dumpsters or mechanical equipment, either on the ground or on the structure. Addition or modification of exterior lighting, including poles and fixtures. These minor actions shall be subject to administrative review and decision, upon submittal of an appropriate application pursuant to Section 26-199. The Director shall be guided in his decisions by the standards and guidelines established for review in the comprehensive plan and the community appearance plan and shall have authority to request modifications of a specific proposal in order that the proposal may comply with such standards and guidelines. The Director shall refer to the BAR all applications that are not specifically placed under his purview, or cannot be reasonably implied to be within his purview from the description contained herein. The Director shall issue a Certificate of Appropriateness, including any conditions, for all approved actions. If an action is disapproved by the Director, the applicant may appeal the decision within 30 days thereof to the BAR. The Director shall keep a record of decisions rendered under this section and shall report such decisions to the BAR at its next regular meeting. This ordinance shall become effective as provided by law. Planning Commission Hearing: May 18, 1998 and June 8, 1998 City Council Hearing: September 22, 1998 ADOPTED: September 22, 1998 Mayor Date Attest: ~ 0-¢ CityCle;k The vote to adopt was 6-0, recorded as follows: Vote: Councilman Coughlan AYE Councilman Greenfield AYE Councilwoman Lederer AYE Councilman Petersen AYE Councilman Rasmussen AYE Councilman Silverthorne AYE