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19980728 1998-28ORDINANCE NO. 1998- 28 AN ORDINANCE TO AMEND THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, CHAPTER 26, ARTICLE XIII, C-2 RETAIL COMMERCIAL DISTRICT, TO PROVIDE FOR SPECIAL USE PERMITS TO ALLOW OFF-SITE PARKING FOR VEHICLES OFFERED FOR SALE BY AUTOMOBILE DEALERSHIPS WHEREAS, it is consistent with the intent and purpose of the Comprehensive Plan and the zoning ordinance to provide opportunities for economic development activities; and WHEREAS, the potential to lease excess parking fi.om nearby businesses and park new vehicles in those excess spaces would expand the limited areas of vehicle storage space available within the City; and WHEREAS, many of the City's automobile dealerships suffer fi.om inadequate space for the automobiles in their inventories; and WHEREAS, customers shopping for automobiles bring substantial business to the City; and WHEREAS, it is important to establish appropriate standards and conditions for allowing off-site parking for vehicles offered for sale by automobile dealerships; NOW, THEREFORE, BE IT ORDAINED that Article XIII, C-2 Retail Commercial District, of Chapter 26 (Zoning) of the Code of the City of Fairfax, Virginia be amended to add Section 26-172(a)(7) as follows: (7) Leased off-site parking of new vehicles offered for sale by automobile dealerships, subject to the following standards in addition to the criteria established in Section 26- 103(c): a. The associated automobile dealership leasing such off-site spaces for new vehicle parking shall be located in the City of Fairfax. b. Leased off-site parking shall not be located in Old Town Fairfax (Historic and Transition Districts). c. Leased off-site parking must be on a lot that is conforming (including landscaping, lighting, and signage) with respect to the requirements of the C-2 District and all applicable requirements of the City Code and that is consistent with the policies established in the Community Appearance Plan and Comprehensive Plan. d. Leased parking spaces must be excess parking currently existing on the lot, based on calculation of required parking for existing uses or assuming all general retail uses, whichever is greater. If there is no existing building on the site, the parking calculation shall be based on site development at maximum permitted F.A.R. e. The applicant shall submit a parking study, conducted by an independent consultant with appropriate expertise, that analyzes the current and proposed parking demand on the subject lot, circulation patterns, site access and site layout. f. Unless waived by City Council, leased parking spaces shall not be located within three hundred (300) feet of a residential district. g. Each vehicle must be parked in a conforming parking space and on a lot conforming to City standards. All parking must be in accordance with the City's parking regulations in accordance with Article II, Division 6, "Off-Street Parking and Loading". Removal of any vehicle fi.om the lot shall not require moving any other parked vehicles. h. No vehicle storage or preparation shall occur on the leased lot. i. No dealership personnel may show automobiles to prospective customers on the off-site leased parking lot. j. No fencing or physical separation of any kind shall be permitted to isolate or distinguish leased parking areas fi.om required parking areas on the site. k. No lighting other than standard parking lot light fixtures at customary intervals and with reasonable intensity shall be permitted. Lighting of leased areas must be similar to and 1998-28 -2 indistinguishable from lighting on the remainder of the parking lot in spacing, height, style and intensity. 1. There may be no ground or building-mounted signage identifying the use or associated dealership. Other than display of any invoices required by federal or state law, no signs may be displayed on the vehicles parked on the off-site leased parking area. m. These provisions apply only to new vehicles offered for sale, twenty (20) feet or less in length, and do not apply to the sales of other vehicles, nor to vehicles for rent or lease. n. The provisions in Section 26-172(a)(7) to allow, by special use permit, leased off-site parking of new vehicles offered for sale by automobile dealerships in the C-2 district shall sunset on October 1, 2001. The ordinance shall become effective as provided by law. Planning Commission Hearing: 6/8/98 and 6/22/98 City Council Hearing: 7/28/98 ADOPTED: 7/28/98 Mayor ' c.~ Date The vote to adopt was 3-2, recorded as follows: Vote: Councilman Coughlan Yes Councilman Greenfield Yes Councilwoman Lederer NO Councilman Petersen No Councilman Rasmussen Councilman Silverthorne Yes