2008-22
ORDINANCE NO. 2008-22
AN O~INANCE AlVIENDING AND READOPTING Chapt:er 110. Sect:ions 110-3.110-
57(c). 110-102(e). 110-152(c). 110-155(b)(5)a.. 110-184(b). 110-366(1). 110-369(1). and
110-920 of 'the Code of 'the Ci-ty of" FairCax~ Virginia, pert:aining "(:0 cert:ain fees required
BE IT O~AINED. by the City Ccnn:1cil of the City of Fairfax. Virginia. that Chapter 110.
Sections 110-3. 110-57(c). 110-102(e). 110-152(c). 110-155(b)(5)a.. 110-184(b). 110-366(1).
110-369(1), and 110-920 of the Code of the City of Fairfax", Virginia, pertaining to certain
fees required are hereby amended and readopted in their entirety as follovvs:
Sec. 110-3. Cer-tain fees required.
(a) Fees for sign permits pursuant to section 1 10-184:
The applicant for each permit or application described belovv shall submit to the zoning
administrator the applicable fee as set forth helo'-V:
(i) Permanent Signs:
Levell: 1 to 50 square feet at $2.90 per square foot.
Level 2: 51 to 100 square feet at $4.35 per square fooL
Level 3: 101 square feet and above at $7.25 per square fooL
(ii) Temporary signs:
Construction Signs
Special Events Signs
Business Openings and Sales
Real Estate/Leasing Signs
Political sign less than 5 square feet in area
Political sign 5 square feet or larger
$25.00
$25.00
$25.00
$25.00
$25.00 per
hundred
$25.00 each
(iii)
Signs Removed from Public Right of'VVay: $5.00 for each sign held
for 10 days or less; $10.00
for each sign held for
more than 10 days.
(b) Fees for Residential and Non-Residential Use Permits pursuant to Sections
1 1 0- 1 09 and 1 1 0- 1 1 1 :
Businesses
Residences
1"v1:inor Home Occupation
Temporary Seasonal Certificate of Occupancy
(c) Fees for floodplain permits pursuant "to Section 110-57:
Residential $55.00
Commercial $330.00
$110.00
$55.00
$55.00
$55.00
(e) Fees pursuant to Chapter 110", Article I:
(d) Fee for resource protection area delineation or determination pursuant to
Chapter 110. Article II. Division 3: $275.00
(i)
Zoning 1V1:ap/Land l:Jse Plan Amendment
acre or fraction thereof
$7700.00 + $475.00 per
(v) Property Owner Re-Notification
(vi) Proffer Amendment
$4,800.00
$275.00
Greater of$385.00 or
actual cost
$275.00
$775.00
(ii) Proffered PlanlGDP Amendment
(iii) Zoning Compliance Letter
(iv) Newspaper Re-Advertisement
(f) Fees for special use permits pursuant to Section 110-366:
(i) Residential Application (City Council)
$375.00 + $55.00 for each
additional special use requested
for the subj ect property on the
same application
(ii) Non-Residential Application
$4800.00 + $475.00 for each
additional special use requested
for the subject property on the
same application
(iii) Non-Residential Renewal/Condition
Amendment
$475.00
(iv) Residential Renewal
$200.00
(g) Fees for special exceptions pursuant to Section 110-369:
(i) Individual Residential Property $275.00 + $55.00 for each additional
special exception requested for the
subject property on the same application
(ii) Other $4800.00 + $1000.00 for each additional
special exception requested for the
subject property on the same application
(iii) Signs $330.00 + $55.00 for each additional
special exception requested for the
subject property on the same application
(iv) Newspaper Re-Advertisement Greater of $385.00 or actual cost
(v) Property Owner Re-Notification $170.00
(h) Variances and appeals pursuant to Sections 110-1104 and 110-1105:
(i) Individual Residential Property
$300.00
(ii) Other
$3,000.00
(iii) Appeals
$550.00
(i) Site plan fees pursuant to Chapter 110, Article II, Division 4:
(i) Minor Site Plan Review $2,750.00
(ii) Major Site Plan Review $6,600.00
(iii) Site Plan Amendment $1,100.00
(iv) Bituminous Surface $0.44/sq. yd.
(v) Sidewalk $0.77/lin. ft.
(vi) Curb and Gutter $0.77/lin. ft.
(vii) Header Curb
(viii) Storm Drainage
(ix) Water
(x) Sanitary Sewer
(xi) Required Screening
(xii) Tree Management
(xiii) Overlot Grading
(xiv) Second and subsequent
revisions fees
(xv) Water Quality Impact
Assessment Review
(xvi) As-Built Plan Review
$0.77/lin. ft.
$3.85/lin. ft.
$2.00/lin. ft.
$2.00/lin. ft.
$2.00/lin. ft.
$110.00 per division ofland or disturbed
acre or fraction thereof, whichever is
greater
$220.00 per division of land or disturbed
acre or fraction thereof, whichever is
greater; plus $100.00 per inspection
conducted by the Department of Public
Works
$550.00 each additional submission
$110.00 per individual residential lot;
$330.00 Other
$550.00 + $110.00 for each acre or
fraction thereof
(xvii) Administrative Parking
Approvals:
Less than 5 space deviation $250.00
Greater than 5 space
Deviation $550.00
(xviii) Administrative Plan of
Development
(xvix) Administrative approval-
Changes to Nonconforming
Use
$500.00 (portion of which may be
waived for minor actions)
$550.00 (portion of which may be
waived for minor actions)
(xx) Testing $100.00
(xxi) Inspections not included in
other fees $100.00
(xxii) After-Hours Inspection Fee $200 minimum for up to 4 hours
(xxiii) Overtime Related to
Inspections
(xxiv) Rescheduling Fee for
Site Inspection
$150.00
$45.00
G) Board of Architectural Review fees pursuant to Chapter 110, Article XIX:
(i)
Administrative Review
$35.00
(ii) Signs (Non-Administrative) $55.00
(iii) Amendments to previous approvals $60.00
(iv) Other $125.00
(v) Appeal to City Council $300.00
(k) Tree removal permit fees pursuant to Section 110-252:
(i) Individual Residential Lot $10.00
(ii) Residential Development Project $100.00
(iii) Other $50.00
(1) Surety review fees:
(i) Surety less than $100,000 $275.00
(ii) Surety from $100,001 - $300,000 $550.00
(iii) Surety of more than $300,000 $800.00
(iv) Request for reduction $275.00
(v) Request for replacement/release $275.00
Sec. 110-57.
General Provisions.
(c) Permit required. No person shall use any floodplain without first having secured
a floodplain permit from the zoning administrator. A floodplain permit shall be issued by the
zoning administrator after an application has been submitted along with any documentation
required by the zoning administrator and a fee in accordance with Section 110-3. All
applications for development in the floodplain district and all floodplain permits issued for
the floodplain shall incorporate the following information: for structures to be elevated, the
elevation of the lowest floor (including basement); for structures to be floodproofed
(nonresidential only), the elevation to which the structure will be floodproofed. The zoning
administrator shall issue such permit only after he is satisfied that such use complies with the
requirements of this division.
Sec. 110-102.
Procedure.
(e) With the site plan, minor site plan, or plan of development, the applicant shall
submit applicable fees consistent with the adopted fee schedule set forth in Section 110-3. The
applicant shall also submit certified mail receipts from notices sent to the owners of each
property abutting to or across the street from the subject property. Such notices shall inform
the owners that the plan has been submitted and will be considered for approval not less than
ten days after receipt of the notice for a site plan and not less than five days after receipt of
notice for a minor site plan or plan of development. If the adjacent development is of
condominium ownership, then notification sent to the condominium association shall be
sufficient to satisfy this provision.
Sec. 110-152.
General Provisions.
(c) Off-street parking shall be provided on the same parcel of land with the
principal use, except as modified in section 110-154. However, where all of the required
parking cannot be physically located on the same parcel as the principal use, or if the public
safety or convenience would be better served by the placement of the parking area on another
parcel, then the zoning administrator may approve an off-site location for as much as 15
percent of the required parking for a use proposed to be established in an existing building;
provided that:
(1) Any such off-site parking shall be used exclusively as employee parking
for the appurtenant use;
(2) Such parking area shall be located on property upon which the right to
such use is established by ownership, easement, or similar recorded covenant or agreement,
the form and content of which shall be approved by the city attorney to ensure the availability
of such spaces for so long as the use shall exist. The property owner or his designated agent
shall give written notice to the zoning administrator within two working days of any
permanent or temporary cessation of such right;
(3) Such parking area shall be located on property possessing the same or
greater intensity zoning district designation as the principal use;
(4) Such parking area shall be located no farther than 500 feet from the
principal building entrance and shall be accessible by a public sidewalk or other improved
pedestrian accessway. The right of the use of such accessway, if not a public sidewalk, shall
be established as set forth in subsection (c)(2) ofthis section;
(5) Such parking area shall be conveniently accessible without causing
unreasonable hazard to pedestrian and vehicular traffic, traffic congestion or interference with
safe and convenient access to other parking;
(6) Signage shall be provided at such parking location identifying the facility
which it serves. No parking space thus provided shall be counted toward the required parking
for any other business or use; and
(7) The person seeking such reduction shall submit to the zoning
administrator an approved site plan of the subject property together with such additional
information deemed necessary by the zoning administrator and shall pay a fee in accordance
with Section 110-3. In addition, the person shall provide notice, by certified mail, to the
owners of each property abutting or across the street from the subject property informing
them that a request for off-site parking has been submitted and will be considered by the
zoning administrator for approval not less than ten working days after the mailing of such
notice and shall provide the certified mail receipts to the zoning administrator. If the property
abutting or across the street from the subject property is of condominium ownership, then
notification sent to the condominium association shall be sufficient to satisfy this provision.
An action of the zoning administrator to approve or deny a request for off-site parking
pursuant to this subsection (c) of this section may be appealed to the board of zoning appeals
pursuant to the procedural and substantive requirements of section 110-1102.
Sec. 110-155.
Required Off-Street Parking Area.
(b) Required parking spaces. Off-street spaces shall be provided in accordance with
the following minimum standards:
(5) Shopping centers and multiple use developments:
a. Shopping centers and multiple use developments shall provide off-street
parking equivalent to the sum of the required parking of the individual uses located
therein. For the purpose of this division, a multiple use development shall be the
development of a parcel of land or building with two or more different uses, including,
but not limited to, residential, retail, restaurant or office uses. In conformance with the
criteria listed below, the zoning administrator may permit up to a ten percent reduction
in the number of required off-street parking spaces in such development. The person
seeking such reduction shall submit a parking study in a form acceptable to the zoning
administrator that identifies the proposed uses to be located in such development and
the parking generation characteristics thereof and shall pay a fee in accordance with
Section 110-3. In addition, such person shall provide notice, by certified mail, to the
owners of each property abutting or across the street from the subject property
informing them that a request for such a reduction has been submitted and will be
considered by the zoning administrator for approval not less than ten working days
after the mailing of such notice and shall provide the certified mail receipts to the
zoning administrator. If the property abutting or across the street from the subject
property is of condominium ownership, then notification sent to the condominium
association shall be sufficient to satisfy this provision. The zoning administrator shall
not grant any reduction of required parking unless the applicant has made every
reasonable effort to remove or reduce to the extent possible any parking-related
nonconformities on the site and the parking study indicates that:
1. The uses within such development shall be of such a nature that
major parking demands occur on different days of the week or during different
hours and, because of alternative parking demands, parking spaces will be
generally available for each use in accordance with the normally applicable
standards;
2. Any reduction in required parking will not unreasonably increase
the congestion on public streets, endanger the public safety, diminish or impair
established property values in the surrounding area, or in any other respect
impair the health, safety, comfort and welfare of the inhabitants of the city; and
3. Any reduction of required parking granted under these provisions
shall remain effective only so long as the total parking requirements applicable
to all uses within the development do not exceed those existing at the time of
granting the reduction. Any increase in total off-street parking required by this
division whether by virtue of a change of use or an increase in building
capacity shall invalidate the reduction granted by the zoning administrator. An
action of the zoning administrator to approve or deny a request for reduction of
the required amount of parking pursuant to this subsection may be appealed to
the board of zoning appeals pursuant to the procedural and substantive
requirements of section 110-1102.
Sec. 110-184. Administration and enforcement.
(b) Permit application.
(1) The application for a sign permit shall be submitted by the owner, lessee
or authorized agent of the property on which the sign shall be located or altered, on
forms furnished by the zoning administrator.
(2) Accompanying the application, the applicant shall submit a permit fee and
deposit consistent with Section 110-3.
(3) The zoning administrator shall within five working days of the date of
submittal, either approve, deny or refer the application back to the applicant to provide
additional information. If the application is denied, the zoning administrator shall
specify the reasons for denial in writing.
(4) An approved sign permit shall be valid for signs erected, altered, or
replaced within one year from the date of approval, unless otherwise specified. If the
action for which the permit was granted has not been completed within that one-year
period, the permit shall be null and void.
Sec. 110-366.
Zoning map amendments and special use permits.
Zoning map amendments may be approved only by city council as provided in article I
of this chapter. Special use permits required in any residential or planned development zoning
district, and as specified within each other district, may be approved only by the city council.
Special use permits required in any industrial zoning district, and as specified in each other
district, may be approved only by the board of zoning appeals. A request for two or more
special use permits related to the same project, wherein one or more of the special use permits
requires city council action, may be approved only by city council. Applications for zoning
map amendments and special use permits shall be processed and considered in accordance
with the following provisions:
(1) Each application for a special use permit shall be made to the zoning
administrator by the property owner, contract purchaser, lessee, government official,
department, board or bureau. At the time of application, the applicant shall pay a fee in
accordance with Section 110-3. Each application for a zoning map amendment shall
be made to the zoning administrator as provided for in section 110-5.
Sec. 110-369. Special exceptions.
The board of zoning appeals may, by special exception, modify the minimum yard and
building setback requirements contained in article II, division 14 of this chapter; articles III--
V of this chapter; and may modify the minimum yard and building setback requirements for
accessory structures and attached decks only, on residential properties contained in articles
IX--XI of this chapter, in accordance with the following provisions:
(1) Application shall be made to the zoning administrator by the property owner or
contract purchaser. At the time of application, the applicant shall pay a fee in accordance with
Section 110-3.
Sec. 110-920. Appeals to the city council.
Whenever the board of architectural review shall approve or disapprove any
application, the applicant, or any other person with justifiable cause, may appeal such
decision before the city council; provided, that the appellant files with the city clerk, on or
before 14 days after the decision of the board of architectural review, a notice in writing of
such appeal together with the fees required by Section 110-3 and all costs necessary to cover
the advertising for the council hearing; and provided further that whenever such notice of
appeal is filed by a party other than the applicant, such notice shall be accompanied by a
petition for such appeal in writing, signed by 20 electors of the city. Upon the filing of the
notice of appeal and fee as provided in this article, the city clerk shall schedule a public
hearing before the city council not more than 30 days after the filing of such notice. Further,
the city clerk shall cause to be published at least once in a newspaper of general circulation
within the city, at least six days before such proposed hearing, an advertisement stating the
time, date and place of the hearing before the council, the location of the property involved,
the name of the applicant and appellant and the nature of the requested action.
This ordinance shall become effective January 1, 2009.
INTRODUCED: November 11, 2008
PUBLIC HEARING: November 25, 2008
ENACTED: November 25, 2008
ATTEST:
Y!J!;~~
City Clerk
VOTE:
Councilwoman Cross
Councilman Drummond
Councilman Greenfield
Councilman Meyer
Councilman Rasmussen
Councilman Stombres
Absent
Aye
Absent
Aye
Aye
Aye
G~~
, May6r
/Z/z/o?"
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Date