2013-16 ORDINANCE NO. 2013-16
AN ORDINANCE AMENDING CHAPTER 110, ARTICLE I, SECTION 110-4,
CHAPTER 110, ARTICLE II, DIVISION 6, SECTION 110-155, CHAPTER 110,
ARTICLE XI, SECTIONS 110-701, -702, AND -705, AND CHAPTER 110, ARTICLE
XIII, SECTIONS 110-761 AND -762 TO ESTABLISH REGULATIONS WITH
RESPECT TO MEDICAL CARE FACILITIES IN THE CITY.
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that
Chapter 110, Article I, Section 110-4 of the Code of the City of Fairfax, is hereby
amended as follows:
Sec. 110-4. - Definitions.
The following words and terms have the following meanings, unless the
context clearly indicates otherwise. In addition, any terms not defined in this section
shall be in accordance with the definitions in the Code of Virginia, § 10.1-2101.
Medical Care Facility means an h i al ur••n are f.cili _ sur ical enter or
similar use. Medical Care Facilities shall not include a physician's or dentist's
office.
Office means any room, studio, clinic, suite or building wherein the primary
use is the conduct of a business such as accounting, correspondence, research, editing.
administration or analysis; or the conduct of a business by salespersons, sales --
representatives, or manufacturer's representatives; or the conduct of a business by
professionals such as engineers, architects, land surveyors, artists, musicians, lawyers,
accountants, real estate brokers, insurance agents, dentists or physicians, urban
planners and landscape architects. For the purpose of this chapter, an office shall not
involve manufacturing, fabrication, production, processing assembling, cleaning,
testing, repair or storage of materials, goods and products; or the sale and/or delivery
of any materials, goods or products which are physically located on the premises. An
office shall not include a Medical Care Facility.
BE IT FURTHER ORDAINED by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article II,Division 6, Section 110-155 of the Code of the City
of Fairfax, is hereby amended as follows:
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:
(2) Community facilities and places of assembly:
1. Nursing home, convalescent home, crgency
medical clinic, and similar facility: One space for every two beds, plus
11/2 spaces for each emergency room examination table or bed, plus one
space for each doctor and other staff person.
(3) Commercial and related uses:
j. Me�lPhysician,or dental office or clinic: One space for every 200
square feet of gross floor area; provided, however, that any such use
proposed to be established in an office building that was constructed
prior to August 27, 1985, or for which a site plan was approved on or
before August 27, 1985, shall be required to provide only the amount of
parking required prior to such date.
s. Medical Care Facility: As determined by the Zoning
Administrator based upon the number of beds. natients
empl i ees, staff memb•rs, contractors.visitors,volunteers size of
facility, and other factors determined by he Zoning Administrator, —
however, in no case less than one snace for every 200 s s uare feet of
gross floor area.
BE IT FURTHER ORDAINED by the City Council of the City of Fairfax,
Virginia, that Chapter 110, Article XI, Section 110-701 of the Code of the City of
Fairfax, is hereby amended as follows:
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;
j. Schools of general instruction complying with the provisions of article
II, division 9;
k. Movie theaters and bowling alleys;
1. Hotels;
m. Electric transformers and substations;
n. Telephone repeater stations;
o. _ , • , -- . •-- • . . _ , . :Nursin 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.
BE IT FURTHER ORDAINED by the City Council of the City of Fairfax,
Virginia, that Chapter 110,Article XI, Section 110-702 of the Code of the City of
Fairfax, is hereby amended as follows:
Sec. 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
advertisementsi
b. Nursery schools complying with the provisions of article II, division 9}
c. Child care, home facilities (six to 12 children) complying with section
110-240.-}
d. Child care, occasional complying with section 110-240.
(2) Commercial.
a. Commercial recreational uses, including but not limited to, miniature
golf courses, indoor and outdoor tennis courts, golf driving ranges, ice
skating rinks, roller skating rinks, bowling alleys and billiard parlors;
b. Theaters other than movie theaters;
c. Dancing areas; provided, that such areas, together with any
entertainment and ancillary amusement machine use, shall not exceed
25 percent of the gross floor area of the restaurant;
d. Entertainment; provided, that such entertainment, together with any
dancing area and ancillary amusement machine use, shall not exceed 25
percent of the gross floor area of the restaurant.-}
e. Day camps complying with section 110-240;
f. Child care, occasional complying with section 110-240-
g. Extended-stay hotels:}
h. Medical Care Facility, provided that:
1. A copy of the facility's State Board of Health or State
Hospital Board license or application for license, if re I uired
to obtain such license, shall be submitted with the
application for a special use permit.
2, Documentation showing the maximum number of beds and
maxim mnums •rif i•n •m III • • st.ffinembers
contractors,visitors, and volunteers on-site at any one time
shall be submitted with the application for a special use
permit.
(3) 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).
BE IT FURTHER ORDAINED by the City Council of the City of Fairfax,
Virginia, that Chapter 110,Article XI, Section 110-705 of the Code of the City of
Fairfax, is hereby amended as follows:
Sec. 110-705. - Parking requirements.
(a) Parking requirements in the CPD commercial planned development district
shall be as follows:
(1) Residential. Two parking spaces per dwelling unit;
(2) Office facilities. One parking space for every 300 square feet of
gross floor area of office facilities;
(3) Places of public assembly. One parking space for every four seats
based on maximum seating capacity;
(4) Other. . . . , . . • . • , • • - . , k . .
areat As provided in Section 110-155;
(5) Hotels and extended-stay hotels. One space per guest room.
Restaurants and similar ancillary uses within such facilities that
are open to the general public shall provide additional parking
appurtenant to such uses at one parking space for every 200 square
feet of gross floor area.
(b) Compliance with parking requirements shall be shown by computations on the
preliminary site plan. In approving such plan the city council may permit a
reduction in parking requirements not exceeding ten percent of the total
parking.
BE IT FURTHER ORDAINED by the City Council of the City of Fairfax,
Virginia, that Chapter 110,Article XIII, Section 110-761 of the Code of the City of
Fairfax, is hereby amended as follows:
Sec. 110-761. - Permitted uses—By right.
The following uses are permitted by right in the C-1 office commercial district:
(1) Financial institutions without drive-in facilities.
(2) Offices.
(3) Churches, synagogues and other places of worship.
(4) Funeral homes.
(5) Hospital) Nursing homes.
( • . ••• . :6) Schools of special instruction, provided
that the practice of the particular trade taught is a permitted use.
(17) Municipal parking facilities.
(1-88) Ancillary amusement machines uses, provided that no more than two such
machines shall be permitted.
(4 9) The following accessory uses, provided that they are located completely
within an office building and the aggregate of all such uses does not
occupy more than 20 percent of the gross floor area of the office building:
a. Barbershops or beauty shops;
b. Florists;
c. Gift shops;
d. Display and sales of scientific, electronic or medical equipment of a
type not customarily retailed to the general public;
e. Pharmacies or medical supply services;
f. Optical stores and services;
g. Newsstands;
h. Photographic and photocopy services;
i. Restaurants, refreshment areas;
j. Health clubs.
(1210) Inns.
(4311) Satellite telecommuting centers.
(4-412) Governmental uses, excluding property yards and repair facilities.
(4-513) Child care, home facility (up to five children);.
(4-614) Child care, centers complying with section 110-2401:
(415) Day camps, complying with section 110-240.
BE IT FURTHER ORDAINED by the City Council of the City of Fairfax,
Virginia, that Chapter 110,Article XIII, Section 110-762 of the Code of the City of
Fairfax, is hereby amended as follows:
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).
(6) Medical Care Facilit , •rovided that:
a. A co of the facilit 's State Board of Health or State Hos sital
Board license or application for license, if re•uired to obtain
such license, shall be submitted with the application for a
special use permit; and
b. Documentation showing the maximum number of beds and
maximum number of •atients em s to ees staff members
contractors visitors and volunteers on-site at any one time shall
be submitted with the application for a special use permit.
(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
9s,
(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.
This ordinance shall become effective as provided by law.
Planning Commission Public Hearing: July 8, 2013
City Council Public Hearing: July 9, 2013
ADOPTED: July 9, 2013
Mayor
Date
ATTEST: Note: Mayor declined signature; however, under Section
5.3 of the City Charter, the ordinance became operative
after the fifth day (July 16, 2013) following the meeting.
Ae._
City Clerk
Votes
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Nay
Councilmember Schmidt Nay
Councilman Stombres Aye