2018-08ORDINANCE NO.2018-08
AN ORDINANCE AMENDING AND REENACTING CHAPTER 98, ARTICLE IV,
DIVISION 3 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, RELATING TO
RESIDENTIAL PARKING.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter
98, Article IV, Division 3 of the Code of the City of Fairfax, Virginia, be and the same is hereby
amended and reenacted to read in its entirety as follows:
"Sec. 98-206. - Definitions.
For the purpose of this division, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Permit means (1) a vehicle license (decal) that displays the permit parking district identification
number; (2) a visitor pass that displays the residential identification number; or (3) a temporary
visitor pass, in each case issued by the city.
Permit parking district means a residential district in which parking is prohibited except in
accordance with this division. Each permit parking district will be assigned a unique
identification number.
Residential district means an area in which 75 percent of the buildings contained therein are used
for residential purposes. A residential district shall be established only on an areawide basis and
for the purpose of this division shall be an area containing no fewer than 100 on -street parking
spaces, designating 20 linear feet per parking space. Provided, however, that a residential district
may be established in an area containing fewer than 100 on -street parking spaces if the city
council fords shall find that to require the area to contain 100 on -street parking spaces would be
impractical or impose an undue hardship.
Visitor means a person who stays temporarily at a residence but is domiciled outside the
residential district.
Sec. 98-207. - Parking in permit parking districts.
(a) Whenever the city council shall determine that the streets of a particular residential district are
being used for parking by the operators of motor vehicles who are nonresidents of that residential
district, and the average number of vehicles, of that kind, parking in such a particular district is in
excess of 25 percent of the number of parking spaces on such streets, and the total number of
spaces actually occupied by any vehicles exceeds 65 percent of the number of spaces on such
streets, the city council may by ordinance prohibit parking during the hours of 7:00 a.m. through
8:00 p.m., Monday through Friday, and 7:00 a.m. through 1:00 p.m. Saturday in the particular
district so surveyed. or id suLgb other hours as domed-apmuriate in individual districts baseLm
narkinn usage mtterns inmch district_. In such cases the city council shall cause appropriate signs
giving notice of the prohibition to be posted on those streets restricting all parking, except
parking by the holders of permits granted under the following conditions:
(1) For each vehicle belonging to a person who resides in the particular district for which
the person pays personal property taxes to the city and displays a city license (decal) on
the vehicle, there may be issued one permit entitling that vehicle to park in the restricted
district.
(2) Each residence within a restricted district shall be issued two visitors' permits. Such
permits shall be limited to a stated period not to exceed one year. Upon approval of the
city manager, additional visitor permits for visitors to a particular residence within a
restricted district may be issued for a period not to exceed seven days or, at the discretion
of the city manager upon the demonstration of a specific need, for a period not to exceed
one year.
(3) Such permits may be issued to persons who do business with any resident of any
particular district in which parking is so restricted during the hours of such restriction,
limited to that particular district in which parking is so restricted and in which any such
person so transacts business.
(b) Following the adoption of the ordinance designating an area of a permit parking district, the
city manager shall cause parking signs to be posted in the district indicating the parking
restrictions. It shall be unlawful to park in these districts without displaying a permit as required.
Sec. 98-208. - Exemptions.
(a) The parking prohibitions contained in this division shall not apply to service or delivery
vehicles which are being used to provide services or make deliveries in a permit parking district.
(b) Whenever metered parking is in effect in any portion of a district that becomes subject to the
restrictions of this division, the parking spaces controlled by meters shall be excepted from the
provisions of this division so long as the control by meters continues.
(c) A petition requesting the exemption of a particular block of a permit parking district, signed
by more than 50 percent of the residents of that block, will authorize the city manager to exempt
that particular block from the restricted parking regulations.
Sec. 98-209. - Procedure for designating a residential district as a permit parking district.
(a) In order to determine whether a particular residential district should be designated as a permit
parking district, the city manager shall have conducted, upon submission of a petition signed by
more than 50 percent of the residents of such district, an engineering survey to determine
whether the criteria described establish the district as one qualified to become a permit parking
district. To determine whether a particular district qualifies to have restricted parking, the
designated district will be surveyed by the city's department of public works at the city manager's
direction, as follows: A block -by -block survey of the affected district will be taken on a
weekday. If more than 65 percent of the parking spaces are occupied by parked vehicles, then no
further vehicle counts will be made. If 65 percent of the spaces are not occupied, but it may be
expected that the 65 percent level may be obtained, then for a reasonable period of time an
additional parked vehicle count shall be made until an average of 65 percent is found or rejected.
In those residential districts where 65 percent of the parking spaces are occupied, a study will be
made to determine if the number of vehicles owned by nonresidents of the districts exceeds 25
percent. If more than 25 percent of the parking spaces are occupied by vehicles of nonresidents,
then that district may be qualified to have restricted parking.
(b) Upon completion of such survey, the results shall be submitted to the city manager for his
recommendation to the city council.
(c) In making his recommendation to the city council the city manager shall also consider such
matters as the availability of an alternate means of transportation to and from the proposed
restricted district, air pollution caused by automobile traffic within that district and the
environmental impact of automobile use in the district.
(d) After the city manager submits his recommendations to the city council, council may adopt
an ordinance designating an area which qualifies under the described criteria as a permit parking
district.
(e) Prior to posting signs restricting an area as a permit parking district, notice must be sent to
each household within that district, stating that the occupants of that household are required to
obtain a permit for each vehicle parked in the designated district.
Sec. 98-210. - Issuance of permits to residents.
(a) After the council adopts an ordinance designating a permit parking district, the city treasurer
shall issue parking permits to the residents of the district. This issuance shall take place upon
proof of the applicant's residence and upon proof that the applicant has paid personal property
taxes as required in the city and has purchased a city tag for the vehicle for which a permit is
being requested. Notwithstanding the conditions contained in this subsection, new residents to
this city shall be issued permits upon showing that they have recently purchased or leased
property for residential purposes in the restricted district.
(b) Any such person applying for a permit shall show to the city treasurer or his authorized
representative satisfactory evidence that he fulfills all the conditions for such a permit. Whenever
the conditions no longer exist, the person holding such a permit issued under this section shall
surrender it to the city treasurer or his authorized representative. No permit issued under this
section shall be valid for more than one year, but may be renewed upon its expiration, provided
that the conditions for the eligibility continue to exist.
(c) It shall be unlawful for any person to represent that he is entitled to such a permit when he is
not so entitled or to fail to surrender a permit to which he is no longer entitled. It shall also be
unlawful for any person to park a vehicle displaying such a permit at any time when the holder of
such a permit is not entitled to hold it.
Sec. 98-211. - Issuance of permits to visitors.
On the application of any resident of the restricted district, the city treasurer or his authorized
representative shall issue two visitor permits limited to a particular residence in the particular
permit parking district. These visitor permits shall be for a period of no more than one year.
Upon approval of the city manager, additional visitor permits may be issued to a particular
residence within such permit parking district and shall be limited to a period of no more than
seven days. Upon application to the city treasurer including notification by the resident to
adjacent neighbors and the demonstration of specific need resulting from more frequent visitors
in conjunction with the residential use of the property, additional one-year visitor permits may be
issued at the discretion of the city manager.
Sec. 98-212. - Issuance of permits to persons doing business with a resident of a permit
parking district.
On the application of any person doing business with a resident of a permit parking district, the
city treasurer or his authorized representative shall issue a permit for parking in the permit
parking district limited to that particular permit parking district and for a period of no more than
the estimated time required to complete the business transaction. In no case shall the permit be
valid for more than one week.
Sec. 98-213. - Special events parking.
The city manager may waive the enforcement of the residential permit parking system for the
purpose of providing parking for special events. Normally this waiver will be valid for one day
only.
Sec. 98-214. - Changes in permit parking district boundaries.
Following the designation of a permit parking district the city council, upon receipt of a petition
signed by over 50 percent of the residents of a block contiguous to the permit parking district,
provided such a block qualifies to be a permit parking district as provided in section 98-209, may
by ordinance alter the boundaries of the permit parking district to include within it any such
block, provided such block otherwise meets the criteria for a permit parking district as set forth
in this division. In addition, the city council may by ordinance include within an existing permit
parking district individual residents of a block contiguous to such permit parking district,
notwithstanding the requirements of the immediately preceding sentence, provided that each of
the following conditions is satisfied: (i) each of the residents seeking to be included in such
permit parking district shall be immediately contiguous to each other and to the existing permit
parking district so as to ensure a continuous and contiguous permit parking district; (ii) each of
the residents seeking to be included in such permit parking district shall request such inclusion in
writing; (iii) the city manager or his designee shall determine that inclusion of such residents into
such permit parking district is warranted.
Sec. 98-215. - Permit parking districts designated.
The following are hereby established as permit parking districts in accordance with this division
and parking is prohibited therein during the hours of 7:00 a.m. through 8:00 p.m., Monday
through Friday and 7:00 a.m. through 1:00 p.m., Saturday
except as permitted in this
division; and the city manager is directed to post the required signs after notice has been given as
required in subsection 98-209(e):
(1) University Drive from the southerly boundary of the city to and including the intersection
with Cleveland Street; School Street adjoining 4230 and 4226 University Drive and in front of
10509 and 10507 School Street; Forest Avenue beginning with its intersection with Berritt Street
westerly to and including the Circle; Forest Avenue at the following addresses: 10314, 10315,
10316, and 10317; Beaumont Street from its intersection with Beaumont Court westerly to and
including its intersection with Sideburn Road; Beaumont Court; Barbour Drive; Sideburn Road
from the southerly boundary of the city to and including its intersection with Cleveland Street;
Cleveland Street from and including its intersection with Sideburn Road westerly to its end;
Linden Street from and including its intersection with Cleveland Street southerly to the end in its
circle;
Darby Street ,,..a Fee- st Avenue between Sideburn Read and BeFr-i# c.Fee.
(2) University Drive from its intersection with Cleveland Street, northward, including on the
west side, 4210 through 4222 University Drive, and on the east, 4211 through 4221 University
Drive.
(3) Maple Street (10601-10654) from its deadend west to its intersection with Cupp Road,
including Leonard Drive (4130-4135) south to Maple Street, and including part of Ardmore
Place (4201, 4203, 4204, and 4206).
(4) Virginia Street (4000-4026) from Route 236 south to Dwight Avenue.
(5) Country Hill Drive (3400-3420) from Old Lee Highway to Pinehurst Avenue, Pinehurst
Avenue (9910-9924) from Brookwood Drive to the dead end, Farr Drive (9910---9921) from
Brookwood Drive to Country Hill Drive, and Broadview Drive (9909-9920) from Brookwood
Drive to County Hill Drive _=section QfBrookwood Drive to
(6) Country Hill Drive (3500-3518) from Old Lee Highway to Colony Road.
(7) On the west side of Whitacre Road from the northernmost property line of 4024 Whitacre
Road to the southerly boundary of the city; on the west side of Trapp Road from the
northernmost property line of 4012 Trapp Road to the southerly boundary of the city; and on the
east side of Trapp Road from the northernmost property line of 4017 Trapp Road to the southerly
boundary of the city.
(8) On the west side of Oak Street from the northernmost property line of 3916 Oak Street to the
intersection with Second Street.
(9) South side of Old Lee Highway from Country Hill Drive east 160 feet.
(10) On the north side of Second Street from the intersection with Oak Street to the intersection
with Walnut Street, and on the south side of Second Street from the intersection with Oak Street
to the intersection with Hallman Street. (11) On the east side of Meredith Drive from the south
property line at 3846 Meredith Drive to the north properly line at 3852 Meredith Drive.
(12) On the north side of First Street from the intersection with Oak Street to the intersection
with Hallman Street, on the south side of First Street from the intersection with Walnut Street to
the intersection with Hallman Street, on the south side of First Street from the intersection with
Oak Street to the west property line of 10803 First Street, and on the west side of Walnut Street
from the intersection with Second Street to the south property line of 3968 Walnut Street.
(13) On the north side of Warwick Avenue from the intersection with Burrows Avenue through
10716 Warwick Avenue and on the south side of Warwick Avenue from the intersection with
Meredith Drive through 10717 Warwick Avenue.
(14) On both sides of Brookwood Drive from the intersection with Old Lee Highway to the
intersection with Spring Lake Terrace.
(15) On Queen Ann Drive (3500-3519) from its intersection with Colony Road to its
intersection with Old Lee Highway.
(Wi) LIZ On Pinehurst Avenue (9928-9937), beginning at its intersection with Brookwood
Drive and ending at its intersection with Andover Drive.
"Uj) On the south side of School Street (10531---10549), beginning at its intersection with
the entrance to Fairfax Gateway to the east, and running to the property limits of Fairfax
Gateway.
" I�9 On Mason Oaks Court (4231--4236), beginning at its intersection with School Street
continuing along the entire section of Mason Oaks Court.
This Ordinance shall become effective as provided by law.
INTRODUCED: June 12, 2018
PUBLIC HEARING: June 26, 2018
ADOPTED: June 26, 2018
Mayor
Date
ATTEST:
Votes
Councilmember DeMarco
Aye
Councilman Greenfield
Aye
Councilmember Miller
Aye
Councilmember Passey
Absent
Councilmember Schmidt
Aye
Councilmember Stehle
Aye