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20060509 2006-07 ORDINANCE NO. 2006-7 AN ORDINANCE AMENDING CHAPTER 110, ARTICLE XVIII, SECTIONS 110-873 AND 110-874 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, TO 1) REQUIRE A PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATION FOR RESIDENTIAL DEVELOPMENT WITHIN THE HIGHWAY CORRIDOR OVERLAY DISTRICT 2) LIMIT THE SINGLE FAMILY RESIDENTIAL USES WHICH ARE EXCLUDED FROM THE HIGHWAY CORRIDOR OVERLAY DISTRICT (HCOD), REGULATIONS, AND 3) DELETE THE REFERENCE TO A CERTIFICATE OF OCCUPANCY ISSUED BY THE ZONING ADMINISTRATOR FOR RENTAL OR LEASING OF SINGLE FAMILY DWELLINGS. NOW, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article XVIII of the Code of the City of Fairfax, is hereby amended as follows: ARTICLE XVIII. HIGHWAY CORRIDOR OVERLAY DISTRICT (HCOD) Sec. 110-873. HCOD regulations. Structures and premises within the highway corridor overlay district, excluding detached single-family residential uses, 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. Sec. 110-874. Uses permitted. (a) By right. 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) Minor home occupations. (5) Rental or leasing of single-family dwellings for occupancy by persons who are not the owners. (6) Home telecommuting. (7) Residential uses including attached single family dwellings and multifamily dwellings, provided: a. prior to action by the city council on such special use permit pursuant to Section 110-366, the planning commission shall conduct a legally advertised public hearing and make findings and recommendations that shall be reported to the city council concerning the furtherance of the purposes of the HCOD set forth in Section 110-31(b)(16). (8) 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 years and may be extended for up to an additional two 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 semiannual 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. This ordinance shall become effective as provided by law. Planning Commission Public Hearing: May 8, 2006 City Council Public Hearing: May 9, 2006 Adopted: May 9,2006 Mayor 5//21o~ I rhte Attest: ~ Cit Clerk VOTE: Councilwoman Cross Councilman Greenfield Councilwoman Lyon Councilman Rasmussen Councilman Silverthorne Councilmember Winter Aye Absent Aye Aye Aye Aye