2011-01 ORDINANCE NO. 2011-01
AN ORDINANCE AMENDING CHAPTER 110, SECTIONS 110 -4, 110 -155, 110 -374,
110 -512, 110 -631, 110 -701, 110 -762, 110 -782 AND 110 -822 OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA, PERTAINING TO SOCIAL SERVICE DELIVERY
ESTABLISHMENTS.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110,
Sections 110 -4, 110 -155, 110 -374, 110 -512, 110 -631, 110 -701, 110 -762, 110 -782 and 110-
822, of the Code of the City of Fairfax, Virginia, pertaining to social service delivery
establishments are hereby amended as follows:
Sec. 110 -4 - Definitions: Chapter 110, Section 110 -4 shall be amended to add the following
language in the correct alphabetical location and to delete the following definition:
Social Service Deliver Establishment means an establishment where the •rincisal function of
the establishment is .rovidin• on -site food distribution, free or reduced cost meal service, free
or reduced cost clothin. distribution counselin' 'ob trainin• or other related services
primarily to .ersons with limited abilit for self -care those .ersons in need of em loyment,
or those persons with personal or behavioral disabilities. This term shall not include uses
o.erated b overnmental agencies or facilities .rimaril for the care or treatment of •ersons
who are currently illegally using or are addicted to a controlled substance as defined in Code
of Vir•inia, & 54.1 -3401 as the same ma be amended). An office where the principal
function is the administration of a service asenc deliver establishment and not •rinciBall
intended for the delivery of a service directly to the client shall not be construed to be a social
service delivery establishment.
exclusively for charitable or benevolent purposes.
Sec. 110- 155(b)(2)(n) - Reauired off - street parkin area.
Social service deliver establishment: Based on a review b the zonin! administrator of each
proposal so as to be in compliance with all applicable city laws and regulations, including
such factors as the occu.anc load of all .ro.osed facilities _•roposed em•lo ee /client ratios
the .roiected number of employees, and the projected public transportation use by clients and
employees.
Sec. 110 -374 - Additional Standards and Conditions for Social Service Delivery
Establishments.
The cit council ma a• prove a special use permit for the establishment of a social service
deliver establishment onl in accordance with the followin• conditions which are in
addition to those requirements contained in section 110 -366:
1. Distribution or consumption of alcoholic bevera!es on the •remises shall not be
permited;
2. Loiterin• (as described in section 54 -302) on the premises shall not be permitted.
3. Overnight accommodations shall not be permitted;
4. Hours of operation shall be limited to the hours between 6:00 a.m. and 10:00 p.m.
unless further restricted by the city council;
5. Facilities providing meals for consumption on the premises must serve such meals and
provide specified areas for consumin• such meals within buildin!s•
6. In addition to the submission requirements contained within Division 13 of this
chapter an a. •licant shall submit the followin• materials at the time a special use
permit application is filed:
a. A communications /community outreach plan that describes how the applicant
will communicate with the local community, neighborhood, and business
or • anizations, and with adjacent nei • hbors on a re • ular basis and how
community issues or concerns will be addressed
b. A plan to prevent loitering in the vicinity of he facility
c. A litter control elan to erovide for the removal of litter in the vicinit of the
facility on a re • ular basis, if ap e licable•
d. A business o.eration .ro!ram that addresses not less than the followin•
elements. If a •articular element listed below is not a• •licable to a s.ecific
type of use because of the characteristics of that use, the mana , ement pro
shall include a statement of wh the element is not a• •licable:
i. Detailed description of the services •rovided and number and t ee of
clients to be served includin_ an outline of •ro_ram ob'ectives and
eli • ibility criteria
ii. Details on the ratio of service providers to clients; and
iii. O.erational details for on -site .ro•rams including: hours of o eration
number and t_.e of staff staff ualifications and t .ical hours worked
b staff method of client supervision o.eratin 7 .rocedures includin
•rocedures for orientin• a new client to the facilit 's .ro rams
ex •ectations for clients_•rere.uisites for continued client enrollment
such as a re uirement that the client participate in pro ,rams; rules of
behavior for clients• the location and nature of any security features and
arran • ements; and names and telephone numbers of persons to contact
in emergencies and any emer ency procedures;
e. A elan detailin • methods for on- • oin • monitorin • and maintenance of site and
operating conditions.
f. A detailed floor elan showin• the interior la out of the use
g. A narrative statement addressing the standards and conditions listed in this
Section; and
h. An other information re.uested b the zonin• administrator or the cit
council.
In addition to the foregoing, the_ city_ council may approve a special use permit for the
establishment of a social service delivery establishment only in accordance with the followg
in
conditions an or all of which ma be waived or modified b the Cit Council:
7. social service deliver establishment shall be compatible with and shall not have
an adverse impact on, the surrounding uses.
8. The social service deliver establishment shall not be located within 1 000 feet of an
use that sells alcoholic beverages;
9. The social service deliver establishment shall be located within reasonable proximit
to public transportation considering the nature of the .ro.osed use
10. To the extent as .licable to the ero.osed use the social service deliver establishment
shall •rovide a reasonable amount of usable outdoor seace in enclosed court ands or
patio area s which shall be •rovided for the clients of the social service deliver use.
Screenin . of an such re. uired usable outdoor s pace shall be as re •uired b a •.licable
city laws and regulations.
Sec. 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:
(1) Churches;
(2) Governmental uses;
(3) Golf courses;
(4) Plant nurseries;
(5) Hospitals for treatment of human beings;
(6) Nursing homes;
(7) Electric transformers and substations;
(8) Telephone repeater stations;
(9) Clubhouses and grounds not conducted for gain, including swimming pools;
(10) Schools of general instruction and nursery schools complying with the
provisions of article II, division 9 of this chapter;
(11) Lodge halls;
(12) Major home occupations;
(13) Private tennis courts;
(14) Rooming houses;
b. [Encroachment.] No encroachment into front, side and rear yard
setbacks with any parking or structures;
shall be screened in such a manner as to be unobtrusive to adjacent
(156) Bed and breakfast, provided the following standards are met:
a. Locational criteria. The use shall be permitted only on streets
designated in the comprehensive plan as arterial or collector or streets
that are located within the highway corridor overlay district.
b. Use criteria.
1. No restaurant shall be permitted. Food service shall be limited
to breakfast and light fare for room guests and their immediate
family, friends or business associates only.
2. The bed and breakfast shall be owner - occupied and - managed.
3. A log recording the arrival and departure times of all guests
shall be maintained by the owner for inspection by the city upon
request.
c. Site development criteria.
1. Off- street parking.
i. One parking space shall be provided for each guest
room.
ii. The guest parking area shall not be located within the
minimum required yards.
iii. The parking area shall be screened from residential
properties adjacent to the parcel or parcels upon which
the bed and breakfast is located by an opaque, wooden,
stone, brick or vegetative screen that meets or exceeds
the requirements contained in screen A, section 110 -258
and approved by the zoning administrator.
iv. The parking area shall be surfaced and maintained with
a dust -free, porous material. A pre - existing paved
surface shall be permitted if approved by the director of
public works as being in good condition.
(167) Telecommunications facilities that, together with the structures on which they
are mounted, exceed 65 feet in height, subject to meeting the policy guidance,
criteria and standards set forth in subsection 110- 35(c).
(17g) Child care, centers complying with section 110 -240;
(189) Child care, home facilities (six to 12 children) complying with section 110-
240;
(1920) Child care, occasional complying with section 110 -240;
(201) Day camps, complying with section 110 -240.
Sec. 110 -631. - Permitted uses —By right.
The following uses are permitted by right in the P -D planned development district:
(1) Residential.
a. Single - family detached dwellings and their accessory buildings;
b. Semi - detached dwellings;
c. Townhouses;
d. Minor home occupations;
e. Rental or leasing of single- family dwellings for occupancy by persons
who are not the owners, provided that the property owner shall have
obtained a certificate of occupancy for rental use from the zoning
administrator pursuant to section 110 -367;
f Home telecommuting.
g. Child care, home facilities (up to five children).
(2) Commercial.
a. Office buildings.
b. Banks, savings and loan associations, and other financial institutions.
c. Retail establishments for the sale of works of art, art supplies, electrical
goods and supplies, food and food products, furniture, decorator
supplies, hardware, luggage and leather goods, optical goods, pets and
pet supplies, garden supplies, electronics and phonograph equipment,
books, tobacco, confections, drugs, jewelry, music, stationery, toys,
newspapers and magazines, office supplies and equipment, medical
supplies, clothing and dry goods, flowers and similar goods and
products.
d. Establishments for the sale or repair or both of household appliances,
musical instruments and sporting goods, not including sale or repair of
major motorized equipment.
e. Barbershops and beauty parlors, shoe repair and polishing shops, tailor
shops, Laundromats and establishments for receiving and distributing
articles for laundering or cleaning.
f. Cleaning and pressing establishments having not more than four
pressing machines and one dry cleaning unit, with a capacity not
exceeding 50 pounds using nonflammable synthetic cleaning fluid and
one shirt pressing unit.
g. Restaurants.
h. Schools of special instruction not including public dance halls and
riding schools.
i. Private clubs and eleemosynary institutions.
J. Schools of general instruction.
k. Movie theaters and bowling alleys.
1. Hotels.
m. Electric transformers and substations.
n. Telephone repeater stations.
o. Satellite telecommuting.
P. Specialty food establishments.
q. Child care, centers complying with section 110 -240.
(3) Other.
a. Churches;
b. Governmental uses, excluding property yards and repair facilities.
Sec. 110 -701. - Permitted uses —By right.
The following uses are permitted by right in the CPD commercial planned
development district:
(1) Residential.
a. Single- family dwellings;
b. Semidetached dwellings;
c. Apartments and apartment houses;
d. Townhouses;
e. Rental or leasing of single - family dwellings for occupancy by persons
who are not the owners, provided that the property owner shall have
obtained a certificate of occupancy for rental use from the zoning
administrator pursuant to section 110 -367;
f. Home telecommuting;
g. Minor home occupations.
h. Child care, home facilities (up to five children).
(2) Commercial.
a. Office buildings;
b. Banks savings and loan associations, and other financial institutions;
c. Retail establishments for the sale of works of art, art supplies, electrical
goods and supplies, food and food products, furniture, decorator
supplies, hardware, luggage and leather goods, optical goods, pets and
pet supplies, garden supplies, electronics and phonograph equipment,
books, tobacco, confections, drugs, jewelry, music, stationery, toys,
newspapers and magazines, office supplies and equipment, medical
supplies, clothing and dry goods, flowers and similar goods and
products;
d. Establishments for the sale or repair or both of household appliances,
musical instruments and sporting goods, not including sale or repair of
major motorized equipment;
e. Barbershops and beauty parlors, shoe repair and polishing shops, tailor
shops, laundromats and establishments for receiving and distributing
articles for laundering or cleaning;
f. Cleaning and pressing establishments having not more than four
pressing machines and one dry cleaning unit, with a capacity not
exceeding 50 pounds using noninflammable synthetic cleaning fluid
and one shirt pressing unit;
g. Restaurants; fast -food restaurants meeting the criteria established in
subsection 110 - 781(8);
h. Schools of special instruction not including public dance halls and
riding schools;
i. Private clubs and eleemosynary institutions;
j. Schools of general instruction complying with the provisions of article
II, division 9;
k. Movie theaters and bowling alleys;
1. Hotels;
in. Electric transformers and substations;
n. Telephone repeater stations;
o. Hospitals for the treatment of human beings, nursing homes and funeral
homes;
P. Inns;
q. Satellite telecommuting center;
r. Specialty food establishments.
s. Child care, centers complying with section 110 -240.
(3) Other.
a. Churches;
b. Governmental use, excluding property yards and repair facilities.
Sec. 110 -762. - Same —With special use permit.
(a) The following uses are permitted in the C -1 office commercial district with a
special use permit issued by city council in accordance with the provisions of
section 110 -366:
(1) Dancing area within a restaurant, provided that:
a. The dancing area, together with any entertainment area, does
not exceed 25 percent of the gross floor area of the restaurant;
b. The lot on which the restaurant is located is no closer than 200
feet from residentially zoned property measured from nearest
property lines, unless waived by city council; and
c. Dancing shall be restricted to a dancing area which shall be
clearly demarcated and of a size proportionate to the seating
capacity of the restaurant.
(2) Entertainment area within a restaurant, provided that:
a. The entertainment area, together with any dancing area, does
not exceed 25 percent of the gross floor area of the restaurant;
and
b. The lot on which the entertainment area is located is no closer
than 200 feet from residentially zoned property measured from
nearest property lines, unless waived by city council.
(3) Financial institutions with drive -in facilities.
(4) Drive - through facilities for accessory pharmacies that meet the criteria
contained in subsection 110 - 761(11).
(5) Telecommunications facilities that, together with the structures on
which they are mounted, exceed 65 feet in height, subject to meeting
the policy guidance, criteria and standards set forth in subsection 110 -
35(c).
(b) The following uses are permitted in the C -1 office commercial district with a
special use permit issued by the board of zoning appeals in accordance with the
provisions of section 110 -366:
(1) Public utility facilities, excluding property yards.
(2) Lodge halls, private clubs, :.: • - - .. • . .
(3) Commercial tennis courts.
(4) Television and radio stations without towers.
(5) Schools of general instruction complying with the provisions of article
II, division 9;
(6) Nursery schools complying with the provisions of article II, division 9;
(7) Child care, home facilities (six to 12 children) complying with section
110 -240.
(8) Child care, occasional (six to 12 children) complying with section 110-
240.
Sec. 110 -782 - Same — With special use permit.
(a) The following uses are permitted in the C -2 retail 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 -1
office commercial district.
(2) Commercial parking facilities.
(3) Theaters other than movie theaters.
(4) Amusement arcades.
(5) Establishments that meet the definition of specialty food establishments except
that delivery service may be provided.
(6) The enlargement, extension, reconstruction or structural alteration of
nonconforming uses, buildings, lots, and /or locations in the C -2 district may be
authorized by special use permit; provided, however, that any new construction
or extension of existing improvements shall conform with the requirements of
section 110 -783, except to the extent that those requirements may be modified
by special exception. The application for a special use permit shall be
accompanied by a conceptual development plan containing the information
specified in subsection 110- 802(a)(4)i.
(7) Drive - through facilities for pharmacies.
(8) Leased off -site parking of new vehicles offered for sale by automobile
dealerships, subject to the following standards in addition to the criteria
established in subsection 110 - 366(3):
a. The associated automobile dealership leasing such off -site spaces for
new vehicle parking shall be located in the city.
b. Leased off -site parking shall not be located in Old Town Fairfax
(historic and transition districts).
c. Leased off -site parking must be on a lot that is conforming (including
landscaping, lighting, and signage) with respect to the requirements of
the C -2 district and all applicable requirements of this Code and that is
consistent with the policies established in the community appearance
plan and comprehensive plan.
d. Leased parking spaces must be excess parking currently existing on the
lot, based on calculation of required parking for existing uses or
assuming all general retail uses, whichever is greater. If there is no
existing building on the site, the parking calculation shall be based on
site development at maximum permitted floor area ratio.
e. The applicant shall submit a parking study, conducted by an
independent consultant with appropriate expertise, that analyzes the
current and proposed parking demand on the subject lot, circulation
patterns, site access and site layout.
f. Unless waived by city council, leased parking spaces shall not be
located within 300 feet of a residential district.
g. Each vehicle must be parked in a conforming parking space and on a
lot conforming to city standards. All parking must be in accordance
with the city's parking regulations in accordance with article II, division
6 of this chapter pertaining to off - street parking and loading. Removal
of any vehicle from the lot shall not require moving any other parked
vehicles.
h. No vehicle storage or preparation shall occur on the leased lot.
i. No dealership personnel may show automobiles to prospective
customers on the off -site leased parking lot.
j. No fencing or physical separation of any kind shall be permitted to
isolate or distinguish leased parking areas from required parking areas
on the site.
k. No lighting other than standard parking lot light fixtures at customary
intervals and with reasonable intensity shall be permitted. Lighting of
leased areas must be similar to and indistinguishable from lighting on
the remainder of the parking lot in spacing, height, style and intensity.
1. There may be no ground or building- mounted signage identifying the
use or associated dealership. Other than display of any invoices
required by federal or state law, no signs may be displayed on the
vehicles parked on the off -site leased parking area.
m. These provisions apply only to new vehicles offered for sale, 20 feet or
less in length, and do not apply to the sales of other vehicles, nor to
vehicles for rent or lease.
n. The provisions in subsection (a)(8) of this section to allow, by special
use permit, leased off -site parking of new vehicles offered for sale by
automobile dealerships in the C -2 district shall sunset on October 1,
2004.
(9) Ancillary uses within an existing nonconforming automobile service station,
including convenience stores, fast food restaurants, drycleaning
establishments, and car wash services.
(10) Big -box retail uses.
(11) Motels.
(12) Seafood markets.
(13) Mini - malls.
(14) Grocery stores with floor areas greater than 5,000 square feet.
(15) Extended -stay hotels.
16) Social Service Deliver Establishments subject to the standards and criteria
established in subsection 110 -374.
(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:
(1) Uses permitted by special use permit issued by the board of zoning appeals in
the C -1 office commercial district.
(2) Carnivals, circuses and fairs limited to not more than two weeks duration.
(3) Veterinarian offices, animal hospitals.
(4) Commercial recreational uses.
(5) Convenience stores.
(6) Minor repair of motor vehicles, provided that such business is accessory to the
principal use.
Sec. 110 -822. - Same —With special use permit.
The following uses are permitted in the I -1 industrial district subject to securing a
special use permit as provided in article II, division 13 of this chapter:
(1) Governmental uses.
(2) Plant nurseries.
(3) Electric transformers and substations.
(4) Telephone repeater stations.
(5) Schools of special instruction.
(6) Telecommunications facilities that, together with the structures on which they
are mounted, exceed 65 feet in height, subject to meeting the policy guidance,
criteria and standards set forth in subsection 110- 35(c).
(7) Social Service Deliver Establishments subject to the standards and criteria
established in subsection 110 -374.
This ordinance shall become effective as provided by law.
INTIATED: November 9, 2010
PUBLIC HEARING: January 11, 2011
ENACTED: January 11, 2011
•
ATTEST: ayor
/
City Clerk
The vote on the motion to approve was recorded as follows:
Votes
Councilwoman Cross Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Nay
Councilman Schmidt e
Aye
Councilman Stombres Aye