20040615 2004-16ORDINANCE NO. 2004- ! 6
AN ORDINANCE AMENDING CHAPTER 110, ZONING, OF THE CODE OF THE CITY
OF FAIRFAX, VIRGINIA, INTENDED TO PROVIDE FOR ADMINISTRATIVE
FLEXIBILITY AND GUIDED DISCRETION IN NEGOTIATING REDEVELOPMENT
PROPOSALS WITHIN OLD TOWN FAIRFAX AND THE HIGHWAY CORRIDOR
OVERLAY DISTRICT.
NOW, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that
Section 110-154 of the Code of the City of Fairfax, is hereby amended to read in its entirety
as follows:
"Sec. 110-154. Off-street parking in Old Town Fairfax.
Due to the unique patterns of development and parking characteristics of land uses
located in portions of Old Town Fairfax (the combined area of the Old Town Fairfax Historic
md Transition Overlay Districts), there is hereby established the following two parking
districts within which the provisions contained in this section shall apply, notwithstanding any
provision of this chapter to the contrary:
(a) Parking District A.
(1) Parking District A established.
Parking District A shall consist of the area bounded on the west by
Chain Bridge Road, on the east by East Street, on the north by North
Street and on the south by Sager Avenue containing four blocks,
together with the area bounded on the north and west by North Street,
on the east by Chain Bridge Road, and on the south by Main Street
containing one block.
(2)
Within Parking District A required parking shall be as specified in
Parking District B (established below); provided that no parking shall
be required for improvements or expansions of existing structures that
generate additional parking demand of seven (7) or fewer spaces or for
changes of use of existing structures.
(b) Parking District B.
(1) Parking District B established.
Parking District B shall consist of the area located within the Old Town
Fairfax Historic District, together with the area contained within the
Old Town Fairfax Transition Overlay District, excluding that area
identified as Parking District A above.
a. Off-street parking spaces for uses located within Parking District B
shall be provided in accordance with the following standards:
Financial institution: One space for every 300 square feet of
gross floor area, plus stacking spaces for drive-in windows as
prescribed in subsection 110-155(b)(3)f.
2. Office or office building: One space for every 300 square feet of
gross floor area.
Personal service establishment: One space for every 300 square
feet of gross floor area, provided that no less than three spaces
shall be provided.
4. Restaurant: Restaurants located in Parking District B within
500 feet of a public parking lot or structure shall provide one
bo
Co
space for every 300 square feet of gross floor area; all other
restaurants shall provide parking as required by subsection 110-
155(b).
5. Retail sales establishment: One space for every 300 square feet
of gross floor area.
6. All other uses: As required by subsection 110-155(b).
Seasonal outdoor dining areas that are appurtenant to restaurants or
refreshment areas located in Parking District B shall require no
parking in addition to the existing restaurant or refreshment area
parking. However, such outdoor dining area shall not increase the
parking demand in excess of seven (7) spaces without providing the
requisite parking for the additional patrons as specified in this
section and in sub section 110-155 (b)(3)n.
Off-site parking for uses located within Parking District A or B
shall be permitted as specified in subsection 110-152(c), with the
following modifications:
1. The off-site parking may accommodate as much as 100 percent
of the required parking; and
2. Such off-site parking shall not be limited to employee parking;
and
Nothing contained herein shall exclude any person from
entering into a contract with the City for parking in a public
parking facility. At its sole discretion, the City may permit such
parking and may impose conditions it deems necessary or
desirable to ensure appropriate availability of public parking
and compliance with the City's policies related to the
development and character of Old Town Fairfax."
BE IT FURTHER ORDAINED THAT Chapter 110, Article XVIII is hereby amended
to read in its entirety as follows:
"ARTICLE X¥III.
HIGHWAY CORRIDOR OVERLAY DISTRICT (I-ICOD)
Sec. 110-871. Establishment of district.
The HCOD may be applied to the land along any street or highway if:
(1) A major purpose of the street or highway is to carry through traffic; and
(2) Development along the street or highway will likely have an adverse impact on
level of service, increase danger or congestion in the streets, impair the public
health, safety, convenience and welfare or impede the maintenance or creation
of a convenient, attractive and harmonious community.
(Code 1978, § 26-192.2)
Sec. 110-872. District boundaries.
The HCOD boundaries shall be as follows:
All of that land lying within 750 feet on either side of the centerline of the right-of-
way of Route 29 and Route 50 within the city, and all of that land situated between
Route 50 and Route 29 between the west city limits and the intersection of those two
roads, generally referred to as Kamp Washington.
(Code 1978, § 26-192.3)
Sec. 110-873. HCOD regulations.
Structures and premises within the highway corridor overlay district, excluding single-
family residential property, shall be subject to the provisions of this chapter, including the
land use and development regulations of the underlying zoning district, except to the extent
that those regulations are modified by the provisions of this article.
(Code 1978, § 26-192.4)
Sec. 110-874. Uses permitted.
(a) By Right.
(1) As permitted by the underlying zoning district.
(b) Special Use Permit.
(1) As permitted by the underlying zoning district.
(2) Any use or development that will generate an estimated average daily traffic volume
in excess of 700 trips.
(3) Any commercial or industrial use or development seeking vehicular access from a
local street which also provides access to residential areas.
(4) Attached single-family dwellings.
(5) Detached single-family dwellings.
(6) Multi-family dwellings.
(7) Minor home occupations.
(8) Rental or leasing of single-family dwellings for occupancy by persons who are not
the owners, provided that the property owner shall have obtained a certificate of
occupancy for rental use from the zoning administrator pursuant to Section 110-367.
(9) Home telecommuting.
(10) The City Council may permit temporary uses within designated redevelopment areas
in the HCOD so that an applicant may realize a reasonable economic return while
attempting to acquire additional acreage for assembly as part of a comprehensive
redevelopment effort. Such temporary uses are subject to the following conditions:
a. The applicant must submit a conceptual master plan of the overall redevelopment
proposal indicating which properties are contemplated for assembly and a
timeframe for acquisition and assembly;
b. Temporary uses may be authorized for up to three (3) years and may be extended
for up to an additional two (2) years provided that a request for extension is made
within 90 days of expiration of the original approval.
c. The applicant must provide the Department of Community Development and
Planning with a semi-annual review and update demonstrating efforts and
progress in pursuing the redevelopment proposal.
d. Temporary uses must be typical and similar to other uses within the HCOD.
e. Temporary uses must not unreasonably affect adjoining land uses and have no
adverse impact on the public health, safety and welfare.
§ 26-192.5)
(Code 1978,
Sec. 110-875. Bulk and lot area requirements.
The bulk and lot area requirements shall be as specified in the underlying zoning
district.
(Code 1978, § 26-192.6)
Sec. 110-876. Development standards.
In addition to the requirements contained in the underlying zoning district and other
applicable requirements contained in this chapter, development in the highway corridor
overlay district shall be subject to the following considerations:
(1)
Such uses shall have access designed so as not to impede traffic on a public
street. To that end, access via the following means may be given favorable
consideration:
ao
By the provision of shared entrances, interparcel travel ways or on-site
service drives connecting adjacent properties;
b. By the intemal streets of a commercial or industrial complex; or
By other appropriate means, approved by the director of public works,
which are designed to control access points to a public street.
Existing parcels of land shall not be denied safe access to a public highway if
no reasonable joint or cooperative access is possible.
(2)
Such uses shall provide for pedestrian circulation and, where applicable,
bicycle circulation to be coordinated with that existing or proposed on adjacent
properties.
(3)
'Code 1978, §
Such development shall be evaluated for consistency with the city's
comprehensive plan as well as other adopted city policies and standards which
specify construction, functional and aesthetic requirements.
26-192.7)
Sec. 110-877. Nonconforming signs.
(a) Nonconforming signage.
The zoning administrator may permit the alteration or replacement of nonconforming
signage provided that replacement substantially reduces the degree of nonconformity of
the existing sign (i.e., eliminates pylon or pole signage, reduces total area, provides
greater setback, reduces height).
Sec. 110-878. Special Exceptions.
The City Council may authorize Special Exceptions to the provisions of this division, as well
as the provisions of any underlying zoning district, subject to the procedures and criteria
contained in Section 110-366.
Sees. 110-879--110-910. Reserved."
The ordinance shall become effective as provided by law.
Planning Commission Hearing: May 24. 2004
City Council Hearing: June 15, 2004
ADOPTED: June 15, 2004
VOTE:
Councilwoman Cross Absent
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthorne Aye
Councilmember Winter Aye
Clerk
Mayor
Date