20001128 2000-27ORDINANCE NO. 2000- 5'7
AN ORDINANCE TO AMEND CHAPTER 26, TO MODIFY ARTICLE II,
DISTRICT DEVELOPMENT STANDARDS AND REGULATIONS GENERALLY,
DIVISION 13, SPECIAL PROVISIONS, TO ADD SECTION 26-103.4 TO
PROVIDE FOR ADMINISTRATIVE REDUCTION IN MINIMUM SIDE YARD
REQUIREMENTS IN THE R-l, R-2 AND R-3 RESIDENTIAL DISTRICTS
WHEREAS, the City Code regulations regarding minimum yard requirements in the
R-l, R-2 and R-3 Residential Districts do not adequately reflect the goals and objectives of
the Comprehensive Plan and the recommendations contained in the Report of the Task Force
for a More Livable City of Fairfax; and
WHEREAS, the yard requirements in the City Code often inhibit the updating of
older, outdated homes in the City of Fairfax.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Section 26-103.4, Chapter 26, of the Code of the City of Fairfax, Virginia be
added to read in its entirety as follows:
Section 26-103.4. Reduction in minimum side yard requirements in R-l, R-2
and R-3 Residential Districts to accommodate certain improvements.
The zoning administrator may approve a reduction in the minimum side yard
requirements for property in the R-l, R-2 or R-3 Residential District to accommodate an
expansion of an existing residence in accordance with the following provisions:
(a) The property owner or contract purchaser shall submit an application to the
zoning administrator.
(b) The applicant shall submit all information deemed necessary by the zoning
administrator to permit adequate review of the application.
(c) The applicant shall waive the right of appeal of the zoning administrator's
decision regarding the application, recognizing the applicant's right to file a
special exception with the board of zoning appeals.
(d) The applicant shall provide notice, by certified mail, to the owners of each
property abutting to or across the street from the subject property informing
them that a request for reduction of minimum yard requirements has been
submitted and will be considered by the zoning administrator. If the property
abutting to or across the street from the subject property is of condominium
ownership, then notification sent to the condominium association shall be
sufficient to satisfy this provision.
(e) The zoning administrator may approve a reduction upon finding that the
proposal meets the following criteria:
(1) The expansion is consistent with the comprehensive plan.
(2) For a reduction of the minimum side yard to accommodate a one-story
addition of living space or attached garage, the reduction is not greater than
fifty (50) percent of the required side yard for the district.
(3) For a reduction of the minimum side yard to accommodate a two-story
addition of living space or attached garage, the reduction is not greater than
twenty-five (25) percent of the required side yard for the district.
(4) The proposed expansion will not adversely affect adjacent property or the
surrounding area.
(5) The applicant has demonstrated that the use of the proposed expansion
cannot be reasonably accommodated elsewhere on the lot.
2000-27 -2
(0
(g)
(6) The proposed structural modifications meet sound residential design
objectives to:
a. Minimize loss of privacy on neighboring properties;
b. Maximize image of quality residential development to the street
frontage;
c. Maximize window area from living rooms, dining rooms, kitchens,
dens and family rooms visible from the street, within the context of the
existing building design; and
d. Avoid reduction of light and air to neighboring properties.
The zoning administrator may impose conditions upon any reduction as
deemed necessary in the public interest to secure compliance with the
considerations in this section.
If the zoning administrator does not approve a reduction, the applicant may file
a special exception for consideration by the board of zoning appeals, in
accordance with the provisions of this chapter.
The ordinance shall become effective as provided by law.
Planning Commission Hearing: October 23, 2000
City Council Heating: November 14, 2000
ADOPTED: November 28, 2000
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Petersen
Councilman Rasmussen
Councilman Silverthome
Vote
Aye
Absent
Aye
Aye
Aye
Aye
Mayor
Date
ATTEST:
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