20061114 2006-12
ORDINANCE NO. 2006-12
AN ORDINANCE AMENDING CHAPTER 110, ARTICLES I THROUGH XV OF
THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, TO INCLUDE: (I)
PROVISIONS FOR NEW DEFINITIONS, PARKING REGULATIONS, PARKING
REQUIREMENTS, ADDITIONAL DEVELOPMENT STANDARDS AFFECTING
CHILD CARE CENTERS AND HOME CHILD CARE FACILITIES; (II)
PROVISIONS TO EXPAND THE ZONING DISTRICTS IN WHICH SCHOOLS ARE
PERMISSIBLE; (III) PROVISIONS ALLOWING HOME CHILD CARE SERVICES
FOR 1 TO 5 CHILDREN IN RESIDENTIAL, COMMERCIAL AND PLANNED
DEVELOPMENT ZONING DISTRICTS AND CHILD CARE CENTERS IN
COMMERCIAL DISTRICTS AND COMMERCIAL COMPONENTS OF PLANNED
DEVELOPMENT DISTRICTS AS A BY RIGHT USE; AND (IV) PROVISIONS
ALLOWING CHILD CARE CENTERS IN RESIDENTIAL DISTRICTS AND HOME
CHILD CARE FACILITIES FOR 6 - 12 CHILDREN IN RESIDENTIAL,
COMMERCIAL AND PLANNED DEVELOPMENT ZONING DISTRICTS AS A
SPECIAL USE PERMIT USE.
NOW, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Articles I through XV of the Code of the City of Fairfax, are hereby
amended as follows:
ARTICLE I. IN GENERAL
Section 110-4. Definitions
Child Care, Center means any place, facility or institution where one (1) or more children,
under 13 years of age, receives care, guidance, or education on a regular basis for any period
of more than one (1) hour but less than 24 hours in any 24-hour period unattended by a parent,
guardian, or person with legal custody.
Child Care, Occasional means a structure or dwelling where six (6) to twelve (12) children,
under 13 years of age, receive care, protection, supervision, or guidance on an occasional
basis unattended by parent, guardian, or person with legal custody. Such care shall be limited
to a maximum often (10) days per 30 day period.
Child Care, Home Facility means a dwelling where, exclusive of the provider's children and
children living in the home, one (1) or more children but not more than twelve (12) children,
under 13 years of age, receives care, protection, supervision, or guidance during only part of a
twenty-four (24) hour day, for at least four days of a calendar week, unattended by a parent,
guardian, or person with legal custody.
Day Camp means a dwelling, building, lot, tract, or parcel of land operated as either a
commercial or noncommercial enterprise, which is operated or used within the City of Fairfax
for the entertainment, education, recreation, religious instruction or activities, physical
education, or health of twelve(12) or more persons under eighteen (18) years of age who are
not related to the operator of such place or establishment by blood or marriage, gratuitously or
for compensation, for any portion of the day, more than two consecutive days per calendar
week
Nursery School means any place, home, facility, or institution, however designated, operated
rimarily for the purpose of providing educational instruction for six or more children, all of
horn are under the age eligible for enrollment in the City of Fairfax or Fairfax County Public
Schools, separated from their parents or guardians during any part of the day, for at least three
days a week. A nursery school shall not be deemed a major or minor home occupation.
RTICLE II. DISTRICT DEVELOPMENT STANDARDS AND REGULATIONS
GENERALLY
ivision 6. Off-Street Parking and Loading
Section 110-155. Required off-street parking area. (b)(2)(h)
. Child care center, nursery school, day camp.
One space for each employee, plus one drop-off space for each five children the facility is
designed to accommodate, plus loading and stacking spaces for each bus used, plus one
arking space for each vehicle to be retained on the site.
. Home Child Care Facility (By-right or SUP)
One space for each employee, plus one drop-off space for each five children the facility is
designed to accommodate; provided, however, that any residence accommodating five or
fewer children shall only be required to provide one space for each staff person, in which case
arking for the residence may be counted toward required parking.
o. Occasional Child Care
o parking requirements.
ivision 9. Schools and Child Care
Section 110-234. Additional provisions for schools in multifamily residential and
lanned development districts.
(a) In the RT, RT-6, RM, PD, RPD, and CPD districts, a school may not be located in one
or more of the units designed and built to rent or sell as dwelling units, it being the
intent of this provision that building space used as a school be specifically designed and
built for that purpose.
b) A school shall not be located directly above or below any dwelling unit, and shall not
share a party wall with any dwelling unit.
(c) A school shall have direct access to the out-of-doors, which access shall not be through
any hall, foyer, or vestibule serving as entrance or exit for any purpose other than the
school entrance and exit. More than one exit may be required for emergency use.
(d) Play areas shall be completely fenced and not accessible to children not in attendance.
Section 110-240. Additional Standards for Child Care Uses
(a). Child Care, Home Facility (with 6-12 children):
(1) All homes shall obtain a State of Virginia Family Day Care Home License and a non-
residential use permit from the City of Fairfax Department of Community
Development and Planning.
(2) When calculating the total number of children cared for, resident children shall be
excluded.
(3) The facility shall be the principal residence of the operator(s) of the child care
home.
(4) The facility shall comply with any and all requirements of the City, County, and
State Codes, including Chapter 14, Article 2,Division 2 of this Code, and Title 63.2,
Chapter 17 of the Code of Virginia as the same may be from time to time amended.
(5) Unless exempted by (6) below, a minimum of 100 square feet per child of outdoor
play space shall be provided on the lot where the home child care facility is located and
shall be shown on a schematic plat of the lot at the time of issuance of a non-residential
use permit. Such play area shall be enclosed with a fence, hedge, or other similar
enclosing structure, at least four feet high unless determined by the Zoning Administrator
that the required area provides adequate protection from traffic, neighboring yards or
other hazards. Outdoor play area shall be delineated on a plat to scale submitted at the
time the residential use permit is applied for, or if applicable at the time a special use
permit application is filed.
(6) No play area shall be required on-site when it is demonstrated that the child care
home is located within 1,000 feet of an existing suitable play area, such as a park or play
lot. Such park or play space shall either be a public park or play space, or shall be
dedicated to such uses as part of a local community association or planned development
district to which the subject residence belongs.
(7) Parking shall be provided in accordance with section 110-155 of this chapter.
(8) Such uses shall be subject to the applicable provisions of Chapter 14, Article 2,
Division 2 of this Code, and Title 63.2, Chapter 17 of the Code of Virginia, as the
same may be from time to time amended.
(b). Child Care, Centers:
(1) All child care centers shall obtain a State of Virginia Child Care Center License
and obtain a nonresidential use permit from the City of Fairfax Department of
Community Development and Planning.
(2) The facility shall comply with any and all applicable requirements of the City and
State Codes, including Chapter 14, Article 2, Division 2 of this Code, and Title 63.2,
Chapter 17 ofthe Code of Virginia as the same may be from time to time amended.
(3) All child care centers shall be located on lots complying with the minimum lot
size requirements of the zoning district in which located.
(4) A minimum of 100 square feet of usable outdoor recreation area, and at least 25
square feet of available indoor play area shall be provided per child registered per
session. Such area shall be completely enclosed with a fence at least four feet high
and shall be delineated on a plat submitted at the time the non-residential use permit is
applied for, or if applicable at the time a special use permit application is filed. For the
purpose of this provision, usable outdoor recreation area shall be limited to:
a. That area not covered by buildings or required off-street parking spaces.
b. That area outside the limits of the mInImum required front yard, unless
specifically approved by the City Council in commercial districts only.
c. Only that area which is developable for active outdoor recreation purposes.
d. An area which occupies no more than eighty (80) percent of the combined total
areas of the required rear and side yards.
(5) All such uses shall be located with access to an existing or programmed public
street of sufficient right-of-way and cross-section width to accommodate pedestrian
and vehicular traffic to and from the use as determined by the Zoning Administrator.
To assist in making this determination, each applicant, at the time of application, shall
provide an estimate of the maximum expected trip generation, the trip distribution by
mode and time of day, and the expected service area of the facility. As a general
guideline the amount of trips generated by the facility shall require the appropriate
street type as follows:
Trips Generated/Street Type
1- 7 5 trips generated = Local road
76-660 trips generated = Collector road
660 or more trips generated = Arterial road
(6) All such uses shall be located so as to permit the pick-up and delivery of all
persons on the site.
(7) Parking shall be provided in accordance with section 110-155 ofthis chapter.
(8) Such uses shall be subject to the applicable provisions of Chapter 14, Article 2,
Division 2 of this Code, and Title 63.2, Chapter 17 of the Code of Virginia, as the
same may be from time to time amended.
(c) Child Care, Accessory to Churches, Chapels, Temples, Synagogues, Mosques, or
Other Such Places of Worship
Churches, chapels, temples, synagogues and other such places of worship may include a child
care Center, nursery school or private school of general or special education provided that the
child care center, nursery school, or private school is:
(1) Clearly incidental and subordinate to the primary use of the facility as a Place of
Worship,
(2) Occupies no more than 50% of the total usable floor area ofthe primary use,
(3) Complies with all regulations contained herein for other child care facilities and
centers.
(4) Such uses shall be subject to the applicable provisions of Chapter 14, Article 2,
Division 2 of this Code, and Title 63.2, Chapter 17 of the Code of Virginia, as the
same may be from time to time amended.
(d) Child Care, Occasional (with 6-12 children)
(1) All occasional child care facilities and homes shall obtain necessary licenses from
the State of Virginia and comply with any and all requirements of the City and State
Codes, including Chapter 14, Article 2, Division 2 of this Code, and Title 63.2,
Chapter 17 of the Code of Virginia as the same may be from time to time amended.
(2) All occasional child care facilities and homes shall obtain a non-residential use
permit from the City of Fairfax Department of Community Development and
Planning.
(3) When calculating the total number of children cared for, resident children shall be
excluded (only applicable to occasional child care provided in a residential dwelling).
(4) Unless exempted by (5) below, a minimum of 100 square feet of usable outdoor
recreation area, and at least 25 square feet of available indoor play area shall be
provided per child registered per session. Such play area shall be enclosed with a
fence at least four feet high unless determined by the Zoning Administrator that the
required area provides adequate protection from traffic, neighboring yards or other
hazards. Outdoor play area shall be delineated on a plat to scale submitted at the time
the special use permit application is filed.
(5) No play area shall be required on-site when it is demonstrated that the child care
home is located within 1,000 feet of an existing suitable play area, such as a park or play
lot. Such park or play space shall be dedicated to such uses as part of a local community
association or planned development district to which the subject residence belongs.
(6) Such uses shall be subject to the applicable provisions of Chapter 14, Division 2
of this Code, and Title 63.2, Chapter 17 of the Code of Virginia, as the same may be
from time to time amended.
(e) Day Camp
(1) Permitted only as an accessory/ancillary use to child care centers, commercial
recreational uses, governmental uses, places of worship, and schools of general
instruction.
(2) Shall not occupy more than 50% of the floor area, of the primary use it IS
accessory to.
(3) Participants enrolled in day camps will count towards the total enrollment
permitted by the primary use they are accessory to.
(f) Modification of Standards In accordance with Article II, Division 13, the City Council
may, by special use permit, upon recommendation from the Planning Commission, modify or
eliminate any of the requirements of this section, except the requirement that such uses shall
be subject to the applicable provisions of Chapter 14, Article 2, Division 2 of this Code, and
Title 63.2, Chapter 17 of the Code of Virginia, as amended, based on findings, that a business
or facility subject to these requirements has fulfilled their intent by other means, subject to
section 110-366.
ARTICLE III. R-1 RESIDENTIAL DISTRICT
Section 110-451 Permitted Uses - By Right.
The following uses are permitted by right in the R-1 residential district:
(6) Child care, home facilities (up to five children).
Section 110-452 Same - with special use permit;
The following uses are permitted in the R-1 residential district with a special use permit
issued by city council in accordance with the provisions of section 110-366:
(16) Child care, centers complying with section 110-240 of this chapter;
(17) Child care, home facilities (six to 12 children) complying with section 110-240 of
this chapter;
(18) Child care, occasional complying with section 110-240 of this chapter;
(19) Day camps, complying with section 110-240 ofthis chapter.
ARTICLE IV. R-2 RESIDENTIAL DISTRICT
Section 110-481 Permitted uses - By right
The following uses are permitted by right in the R-2 residential district:
(6) Child care, home facilities (up to five children).
Section 110-482 Same - with special use permit
The following uses are permitted in the R-2 residential district with a special use permit
issued by the city council in accordance with the provisions of section 110-366:
(16) Child care, centers complying with section 110-240 of this chapter;
(17) Child care, home facilities (six to 12 children) complying with section 110-240
of this chapter;
(18) Child care, occasional complying with section 110-240 of this chapter;
(19) Day camps, complying with section 110-240 of this chapter.
ARTICLE V. R-3 RESIDENTIAL DISTRICT
Section 110-511 Permitted uses - By right
The following uses are permitted by right in the R-3 residential district:
(7) Child care, home facilities (up to five children).
Section 110-512 Same - with special use permit
The following uses are permitted in the R-3 residential district with a special use permit
issued by the city council in accordance with the provisions of section 110-366:
(18) Child care, centers complying with section 110-240 of this chapter;
(19) Child care, home facilities (six to 12 children) complying with section 110-240 of
this chapter;
(20) Child care, occasional complying with section 110-240 of this chapter;
(21) Day camps, complying with section 110-240 of this chapter.
ARTICLE VI. RT TOWNHOUSE DISTRICT
Section 110-541 Permitted uses - By right
The following uses are permitted by right in the R T townhouse district:
(5) Child care, home facilities (up to five children).
Section 110-542 Same - with special use permit
The following uses are permitted in the RT townhouse district subject to securing a special
use permit as provided in article II, division 13 of this chapter:
(1) Schools of general instruction complying with the provisions of article II, division
9 of this chapter;
(2) Nursery schools complying with the provisions of article II, division 9 of this
chapter;
(6) Child care, centers complying with section 110-240 of this chapter;
(7) Child care, home facilities (six to 12 children) complying with section 110-
240 of this chapter;
(8) Child care, occasional complying with section 110-240 of this chapter;
(9) Day camps, complying with section 110-240 of this chapter.
ARTICLE VII. R- T6 TOWNHOUSE DISTRICT
Section 110-571 Permitted uses - By right
The following uses are permitted by right in the R- T6 townhouse district:
(5) Child care, home facilities (up to five children).
Section 110-572 Same - with special use permit
The following uses are permitted in the R- T6 townhouse district subject to securing a special
use permit as provided in article II, division 13 of this chapter:
(1) Schools of general instruction complying with the provisions of article II, division
9 of this chapter;
(2) Nursery schools complying with the provisions of article II, division 9 of this
chapter;
(6) Child care, centers complying with section 110-240 ofthis chapter;
(7) Child care, home facilities (six to 12 children) complying with section 110-240 of
this chapter;
(8) Child care, occasional complying with section 110-240 of this chapter;
(9) Day camps, complying with section 110-240 ofthis chapter.
ARTICLE VIII. RM TOWNHOUSE DISTRICT
Section 110-602 Permitted uses - By right
The following uses are permitted by right in the RM multifamily district:
(8) Child care, home facilities (up to five children).
Section 110-603 Same - with special use permit
The following uses may be permitted in the RM multifamily district with a special use permit
as provided in article II, division 13 of this chapter:
(6) Child care, centers complying with section 110-240 of this chapter;
(7) Child care, home facilities (six to 12 children) complying with section 110-
240 of this chapter;
(8) Child care, occasional complying with section 110-240 of this chapter;
(9) Day camps, complying with section 110-240 ofthis chapter.
ARTICLE IX. P-D PLANNED DEVELOPMENT DISTRICT
Section 110-631 Permitted uses - By right
The following uses are permitted by right in the P-D planned development district:
(1) Residential
g. Child care, home facilities (up to five children).
(2) Commercial
q. Child care, centers complying with section 110-240 of this chapter.
Section 110-632 Same - With special use permit
"
The following uses may be permitted in the P-D planned development district with a special
use permit as provided in article II, division 13 of this chapter:
(1) Residential.
a. Major home occupation; provided, that there are no displays or advertisements.
b. Nursery schools complying with the provisions of article II, division 9 of this
chapter.
c. Child care, home facilities (six to 12 children) complying with section
110-240 of this chapter.
d. Child care, occasional complying with section 110-240 of this chapter.
(2) Commercial.
d. Child care, occasional complying with section 110-240 of this chapter;
e. Day camps, complying with section 110-240 of this chapter.
ARTICLE XI. CPD COMMERCIAL PLANNED DEVELOPMENT DISTRICT
Section 110-701 Permitted uses - By right
The following uses are permitted by right in the CPD commercial planned development
district:
(1) Residential.
h. Child care, home facilities (up to five children).
(2) Commercial
j. Schools of general instruction complying with the provisions of article II, division
9 of this chapter;
s. Child care, centers complying with section 110-240 ofthis chapter.
Section 110-702 Same - with special use permit
The following uses may be permitted in the CPD commercial planned development district
subject to securing a special use permit in accordance with article II, division 13 of this
chapter:
(1) Residential
a. Major home occupations; provided, that there are no displays or advertisements
b. Nursery schools complying with the provisions of article II, division 9 of this
chapter
c. Child care, home facilities (six to 12 children) complying with section 110-240 of
this chapter.
d. Child care, occasional complying with section 110-240 ofthis chapter.
(2) Commercial
e. Day camps complying with section 110-240 of this chapter;
f. Child care, occasional complying with section 110-240 of this chapter.
ARTICLE XII. C-IL LIMITED OFFICE DISTRICT
Section 110-731 Permitted uses - By right
The following uses are permitted by right in the C-l L limited office district:
(1) Banks and offices for business and professional uses, including medical, legal,
insurance, real estate, and similar offices;
(2) Inns;
Section 110-732 Same - with special use permit
The following uses may be permitted in the C-IL limited office district subject to securing a
special permit as provided in article II, division 13 of this chapter:
(4) Child care, centers complying with section 110-240 of this chapter.
(5) Child care, occasional complying with section 110-240 of this chapter.
(6) Day camps, complying with section 110-240 of this chapter.
ARTICLE XIII. C-l OFFICE COMMERCIAL DISTRICT
Section 110-761 Permitted uses - By right
The following uses are permitted by right in the C-l office commercial district:
(15) Child care, home facility (up to five children);
(16) Child care, centers complying with section 110-240 ofthis chapter;
(17) Day camps, complying with section 110-240 of this chapter.
Section 110-762 Same - with special use permit
(b) The following uses are permitted in the C-l office commercial district with a special use
permit issued by the board of zoning appeals in accordance with the provisions of section
110-366:
(5) Schools of general instruction complying with the provisions of article II, division
9 of this chapter;
(6) Nursery schools complying with the provisions of article II, division 9 of this
chapter;
(7) Child care, home facilities (six to 12 children) complying with section 110-240 of
this chapter.
(8) Child care, occasional (six to 12 children) complying with section 110-240 of this
chapter.
This ordinance shall become effective as provided by law.
Planning Commission Public Hearing: July 10, 2006
City Council Public Hearing: November 14,2006
Adopted: November 14, 2006
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Mayor
(#;;0~
D e
Attest:
VOTE:
Councilwoman Cross Aye
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthorne Aye
Councilmember Winter Aye