20060613 2006-08
ORDINANCE NO. 2006-8
AN ORDINANCE AMENDING CHAPTER 110, ZONING, OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA, SPECIFICALLY SECTION 110-517 OF ARTICLE
V, R-3 RESIDENTIAL DISTRICT, TO DELETE REFERENCES TO
SEMIDETACHED DWELLINGS WHICH ARE NO LONGER PERMITTED IN THE
R-3 RESIDENTIAL DISTRICT, TO ADD SECTION 110-519 ALLOWING EXISTING
ATTACHED DWELLING UNITS TO REMAIN AS GRAND FATHERED USES AND
TO CLARIFY THE FRONT BUILDING RESTRICTION LINE.
NOW, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia,
that Section 11 0-517 of the Code of the City of Fairfax, is hereby amended and Section
110-519 of the Code of the City of Fairfax, is hereby adopted and as follows:
ARTICLE V. R-3 RESIDENTIAL DISTRICT
Sec. 110-517. Height, area, setback and lot width.
Height, area, setback and lot width requirements in the R-3 residential district shall be as
follows:
(1) Maximum height. Building height shall not exceed three stories or 35 feet
measured on all exposed external walls; any basement that has any wall three feet
above the ground shall be counted as a story.
(2) Lot area.
a. Minimum lot area. Nine thousand five hundred square feet; provided that
one single-family detached dwelling and its accessory structures may be
erected on any lot recorded prior to December 7, 1960, which contains at least
6,000 square feet of area.
b. Average lot area. Ten thousand five hundred square feet; use of out lots
shall not be allowed in computing average lot size.
(3) Building restriction line (brl).
a. Front. Twenty-five-foot setback; except that on a street which has a right-
of-way of less than 50 feet the brl shall be 50 feet from the established
centerline;
b. [Corner lots.} On comer lots, the brl shall apply to all streets and the side
setback shall be applied to the remaining property lines;
c. [Second-story additions.} For lots recorded prior to December 7, 1960,
with principal structures that encroach into the minimum required front yard,
second-story additions shall be permitted over the existing building footprint
provided that the addition conforms to all other provisions of the zoning
district regulations.
(4) Setbacks.
a. Side. Twelve feet;
b. Rear. Twenty-five feet;
c. [Reductions.} For any lot recorded prior to December 7, 1960, side
setbacks may be reduced to 12 feet. Further, for lots recorded prior to
December 7, 1960, with a minimum lot width at the building restriction line
less than 70 feet on an interior lot or less than 95 feet on a comer lot, the side
setback may be reduced three inches for each foot of lot width less than the
required lot width. However, in no case shall a single side yard setback be less
than eight feet, except as otherwise provided in this article;
d. [Second-story additions.] For lots recorded prior to December 7, 1960,
with principal structures that encroach into the minimum required side yard,
second-story additions shall be permitted over the existing building footprint,
provided that the side yard shall not be less than five feet and that the addition
conforms to all other provisions of the zoning district regulations;
(5) Lot width. Minimum lot width at br!.
a. Interior lot. Seventy feet;
b. Corner lot. Ninety-five feet.
(6) Open space. None.
Sec. 110-519. Grandfathered Uses.
Any single-family attached or semidetached dwelling legally constructed and recorded prior
to February 22, 2005 shall be grandfathered and allowed to continue as a legal permitted use
and shall be subject to the following regulations in addition, where applicable, to the
regulations of detached single-family dwellings in this chapter:
1. Common or party walls. The common or party wall for semidetached houses shall
be located on one side lot line and the other side yard setback and rear yard setback
shall meet the requirements of subsections (4 )a.1. through (4 )a.4. of this section.
Simultaneous expansion of semidetached houses with a common or party wall along
the shared lot line shall be permitted; however, expansion of one unit only shall be
subject to the minimum side yard setbacks as required in subsections (4)a.1., 3. and 4.
of this section on both side lot lines.
This ordinance shall become effective as provided by law.
Planning Commission Public Hearing: June 12, 2006
City Council Public Hearing: June 13, 2006
ADOPTED: June 13, 2006
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Attest:
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C' y Clerk
VOTE:
Councilwoman Cross Aye
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthorne Aye
Councilmember Winter Aye