20050726 2005-13ORDINANCE NO. 2005-13
AN ORDINANCE TO AMEND CHAPTER 110 OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA TO MODIFY ARTICLES I AND XV TO REQUIRE SEPARATE
SPECIAL USE PERMITS FOR DIFFERENT TYPES OF VEHICLE SALES OR RENTAL
ESTABLISHMENTS.
WHEREAS, Chapter 110 of the Code of the City of Fairfax, Virginia is provided for
purposes that include improving the public health, safety, convenience and welfare of citizens
of the City of Fairfax as well as planning for future development to certain ends; and
WHEREAS, Chapter 110 of the Code of the City of Fairfax currently provides for
motor vehicle dealerships in the C-3 Retail Commercial District with a Special Use Permit;
and
WHEREAS, most of the existing motor vehicle dealerships in the City are
nonconforming in the C-2 Retail Commercial District; and
WHEREAS, under the current Code of the City ofFairfax a nonconforming motor
vehicle dealership can be replaced with any other vehicle sales, leasing or rental lot; and
WHEREAS, sales, leasing and rental lots for different types of vehicles and equipment
affect their surrounding neighborhoods in different ways;
BE IT ORDAINED, by the City Council that Chapter 110 of the Code of the City of
Fairfax, Virginia is hereby amended to provide the following:
ARTICLE I.
IN GENERAL
Sec. 110-4. Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Motorcycle means every motor vehicle designed to travel on not more than three
wheels in contact with the ground, but not including any vehicle that can be legally operated
without an operator's license
ARTICLE XV.
C-3 GENERAL COMMERCIAL DISTRICT
Sec. 110-802. Same--With special use permit.
(a) The following uses are permitted in the C-3 general commercial district with a
special use permit issued by the city council in accordance with the provisions of section 110-
366:
(1) Uses permitted by special use permit issued by the city council in the C-2 retail
commercial district.
(2) Automobile laundry facilities.
(3)
(4)
Fast-food restaurants provided that:
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vehicles sales, rental and leasing establishments provided that:
Each motor vehicle displayed for sales, lease or rent shall be parked
within an enclosed structure or upon a parking space which complies
with the requirements contained in article II, division 6 of this chapter.
The sales, rental or leasing office for such establishment shall be a
permanent structure.
Each parking space for customers and employees shall be so designated
with pavement marking or other appropriate signage.
Where a motor vehicle display area is adjacent to commercially zoned
property, the perimeter of such area shall be landscaped with a
continuous hedge or landscaped berm at least 30 inches in height.
Each vehicle awaiting repair or maintenance shall be parked within a
parking space which complies with the requirements contained in
article II, division 6 of this chapter within an enclosed structure or
within an area screened on all sides by a closed wooden fence or brick
wall at least six feet in height. Such fence or wall shall be located no
closer than ten feet from any property line adjacent to a C or I district.
Where adjacent to any residential district, such screens shall be located
no closer than 20 feet from any property line and landscaped with plant
material in accordance with section 110-106. Each such area shall be
screened in a manner which will provide a continuous, year round
buffer of its contents from any residential district.
Each motor vehicle on such lot which is not parked upon a parking
space meeting the requirements of article II, division 6 of this chapter,
or within a structure, shall be kept in a motor vehicle storage area
screened in accordance with subsection (a)(4)e. of this section.
Exterior speakers used in conjunction with any such facility shall not be
audible beyond the property boundaries of such establishment.
Unless waived or modified by the city council, there shall be no less
than 500 feet measured between the nearest property lines between
each motor vehicle sales, leasing and rental establishment and any other
such establishment.
A conceptual development plan shall be submitted for each such
establishment with the application for a special use permit, prepared at
a scale of not less than one inch equals 50 feet and containing the
following:
Locations and dimensions of existing and proposed lot lines and
rights-of-way.
General locations and dimensions of all existing and proposed
structures, driveways, curb cuts, parking and loading spaces and
aisles, and storage areas on the site, and median strip openings
adjacent to the site.
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General locations, types and sizes of all existing and proposed
on-site landscaping, screening and buffering.
Sketch architectural elevation of each facade visible from a
public street or residential zoning district, indicating the
approximate height of the proposed and adjacent structures,
architectural style and building materials.
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Additional information deemed essential by the zoning
administrator or city council to permit adequate review and
evaluation of the proposal.
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A maximum of two percent (2%) of the inventory of any motor
vehicles sales, rental and leasing establishment may be motorcycles,
but only if those motorcycles have been taken in trade during a prior
sale on the premises.
(5)
Motorcycle vehicle sales and/or rental establishments, in accordance with the
provisions of subsections (a)(4)a through (a)(4)i of this section.
(6)
Ancillary uses within an automobile service station, including convenience
stores, fast food restaurants, dry cleaning establishments, and car wash
services.
(b) The following uses are permitted with a special use permit issued by the board
of zoning appeals in accordance with the provisions of section 110-366: uses permitted by
special use permit issued by the board of zoning appeals in the C-2 retail commercial district.
(Code 1978, § 26-177; Ord. No. 2002-4, 1-8-02)
The ordinance shall become effective as provided by law.
Planning Commission Heating: July 25, 2005
City Council Hearing: July 26, 2005
ADOPTED: July 26, 2005
Mayor
Date
Attest:
The vote on the motion to adopt the ordinance was recorded as follows:
Vote
Councilwoman Cross Aye
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthome Aye
Councilmember Winter Aye